PANHANDLE EASTERN PIPE LINE COMPANY, LP v. BUCKEYE TERMINALS, LLC et al
| PANHANDLE EASTERN PIPE LINE COMPANY, LP |
| BUCKEYE TERMINALS, LLC, 3.181 ACRES OF REAL ESTATE IN MARION COUNTY, INDIANA, 9.516 ACRES OF REAL ESTATE IN MARION COUNTY, INDIANA, BAPTIST HOMES OF INDIANA, INC., 0.220 ACRES OF REAL ESTATE IN MARION COUNTY, INDIANA, BHI SENIOR LIVING, INC., 4.063 ACRES OF REAL ESTATE IN BOONE COUNTY, INDIANA, 0.934 ACRES OF REAL ESTATE IN BOONE COUNTY, INDIANA, INDIANAPOLIS POWER & LIGHT CO., INDIANA BELL TELEPHONE COMPANY INCORPORATED, TEXAS EASTERN TRANSMISSION, LP, MARATHON OIL COMPANY, DUKE ENERGY INDIANA, LLC, INDIANA GAS COMPANY, INC DBA VECTREN ENERGY DELIVERY OF INDIANA, INC., SHELL OIL COMPANY, HOOSIER MANOR, INC., CREDIT SUISSE AG CAYMAN ISLANDS BRANCH, HUNTINGTON NATIONAL BANK and UNKNOWN OWNERS |
| 1:2022cv00544 |
| March 21, 2022 |
| U.S. District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| M Kendra Klump |
| Tanya Walton Pratt |
| Doris L Pryor |
| Condemnation |
| 15 U.S.C. § 717 Natural Gas Act |
| Defendant |
Docket Report
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Filing 149
ORDER granting #148 Motion for Extension of Time to File - The parties are hereby granted an additional fourteen (14) days, to and including November 30, 2023, to file a stipulation of dismissal in the above-entitled lawsuit. (See Order.) Signed by Magistrate Judge M. Kendra Klump on 11/20/2023. (JSR)
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| Filing 148 Joint MOTION for Extension of Time to November 30, 2023 to File Joint Stipulation of Dismissal, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order)(Vershay, Ryan) |
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Filing 147
ORDER granting #145 Joint MOTION to Vacate Final Pretrial Conference and Trial - The final pretrial conference presently scheduled for November 8, 2023, is hereby VACATED; the trial presently scheduled for December 4, 2023, is hereby VACATED; and the parties are granted an additional fourteen (14) days, to and including November 16, 2023, to file a stipulation of dismissal in the above-entitled lawsuit. SEE ORDER. Signed by Judge Tanya Walton Pratt on 11/3/2023.(JRB)
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Filing 146
MARGINAL ENTRY on #144 Response to Show Cause Order - Show cause order is DISCHARGED. Signed by Judge Tanya Walton Pratt on 11/3/2023.(JRB)
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| Filing 145 Joint MOTION to Vacate Final Pretrial Conference and Trial, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order)(Vershay, Ryan) |
| Filing 144 RESPONSE to Order to Show Cause, re #143 Order to Show Cause, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
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Filing 143
ORDER TO SHOW CAUSE - On September 25, 2023, Counsel filed a Joint Status Update Regarding Settlement (Filing No. #142 ). Parties requested to be given until October 23, 2023 to submit their dismissal documents, and that request was approved on September 25, 2023 (Filing No. #142 ). As of today's date, dismissal documents have not been filed. Counsel are directed to show cause no later than November 3, 2023 as to why dismissal documents have not been filed. This matter remains set for final pretrial on November 8, 2023 and Bench Trial on December 4, 2023. Signed by Judge Tanya Walton Pratt on 11/1/2023.(SWM)
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| Filing 142 MARGINAL ENTRY, re #141 Status Report. APPROVED. Signed by Judge Tanya Walton Pratt on 9/25/2023. (LF) |
| Filing 141 STATUS REPORT Update Regarding Settlement by BHI SENIOR LIVING, INC.. (Miroff, Andrew) |
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Filing 140
MINUTE ORDER for Post-Settlement Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 8/18/2023. By agreement, the deadline to file dismissal paperwork is extended to September 22, 2023. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 138
SCHEDULING ORDER: Per the request of the parties #137 , the Court sets this matter for a telephonic status conference on Friday, August 18, 2023, at 1:30 p.m. (Eastern). Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge M. Kendra Klump on 8/14/2023.(JRB)
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| Filing 137 STATUS REPORT Second Joint Status Update Regarding Settlement by BHI SENIOR LIVING, INC.. (Alexander, Adam) |
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Filing 136
ORDER - The Court reviewed the Parties' Joint Status Update (Dkt. 135). The parties shall file either dismissal documents or a Joint Status Update on the remaining steps needed to finalize the agreement by August 11, 2023. Although the Court hopes this extension of time will allow sufficient time for the Parties to finalize their deal, should another Joint Status Update be required, it must include when the parties expect the dismissal documents to be filed. The update may also request a conference with Magistrate Judge Klump if necessary. Counsel is directed to work together in good faith to finalize the outstanding portion of their agreement. Signed by Magistrate Judge M. Kendra Klump on 7/24/2023.(JRB)
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| Filing 135 STATUS REPORT (Joint) Update Regarding Settlement by BHI SENIOR LIVING, INC.. (Alexander, Adam) |
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Filing 134
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 6/26/2023. See Minute Order for further information and deadlines. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 132
MINUTE ORDER for Settlement Conference held before Magistrate Judge M. Kendra Klump on 6/7/2023. Telephonic Status Conference set for 6/23/2023 at 3:00 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. See Minute Order for further information and deadlines. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 131
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 5/16/2023. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 129
ORDER GRANTING JOINT MOTION TO VACATE AND RESETFINAL PRE-TRIAL CONFERENCE AND TRIAL DATES #128 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that: (1) the final pretrial conference presently scheduled for August 16, 2023, is hereby vacated and reset for November 8, 2023 at 2:00 p.m. in Courtroom 344; and (2) the trial presently set to begin on September 11, 2023, is hereby vacated and reset for December 4, 2023 at 9:00 a.m. in Courtroom 344, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 03/30/2023.(AAS)
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| Filing 128 Joint MOTION to Vacate and Reset Final Pre-Trial Conference and Trial Dates, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order)(Vershay, Ryan) |
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Filing 127
ORDER granting Parties' #126 Third Agreed Motion to Amend Phase II Case Management Plan. See Order for established deadlines. No further enlargement of these deadlines will be granted. Because this extension is likely to affect the final pretrial conference and trial dates of August 16 and September 11, 2023, respectively, the parties are ordered to file a joint motion to continue the final pretrial conference and trial within 7 days of this Order. Signed by Magistrate Judge M. Kendra Klump on 3/21/2023. (SWM)
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| Filing 126 Third MOTION to Amend/Correct Phase II Case Management Plan, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order)(Vershay, Ryan) |
| Filing 125 NOTICE of Parties' First Extension of Time re Responding to any written request for discovery or admission, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
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Filing 124
ORDER granting #123 Motion to Withdraw Attorney Appearance. Attorney Derek G. Raymond withdrawn. Signed by Magistrate Judge M. Kendra Klump on 2/16/2023. (SWM)
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| Filing 123 MOTION to Withdraw Attorney Appearance , filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order)(Vershay, Ryan) |
| Filing 122 NOTICE of Appearance by Michael Kenji Hollingsworth on behalf of Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Hollingsworth, Michael) |
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Filing 121
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 1/31/2023. Settlement Conference set for 6/7/2023 09:00 AM (Eastern Time) in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 119
ORDER granting Parties' #118 Second Agreed Motion to Amend Phase II Case Management Plan (see Order for established deadlines). All other dates on the Phase II Case Management Plan [Filing No. 105] shall remain the same, consistent with this Court's December 8, 2022, Order granting the parties' First Motion to Amend Phase II Case Management Plan [Filing No. 112]. Signed by Magistrate Judge M. Kendra Klump on 1/17/2022. (SWM)
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| Filing 118 Second MOTION to Amend Phase II Case Management Plan, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order)(Vershay, Ryan) |
| Filing 117 Reassignment of Case to Magistrate Judge M. Kendra Klump. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number (1:22-cv-00544-TWP-MKK), which includes the initials of the newly assigned judge, on all future filings in this matter. (RSF) |
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Filing 116
AMENDED SCHEDULING ORDER - The Court, sua sponte, hereby RESCHEDULES the February 28, 2023 Telephonic Status Conference to Tuesday, January 31, 2023 at 11:00 a.m. (Eastern). All other requirements of the Court's Order scheduling the conference [Dkt. 104] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 1/4/2023.(SWM)
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| Filing 115 COURTROOM PROCEDURES AND TRIAL PRACTICES before Judge Tanya Walton Pratt. (AKH) |
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Filing 114
SCHEDULING ORDER - Final Pretrial Conference has been SET for 8/16/2023 at 9:00 AM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial has been SET for 9/11/2023 at 9:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. (See Order). Signed by Judge Tanya Walton Pratt on 12/20/2022.(AKH)
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| Filing 113 Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Doris L. Pryor is no longer assigned to this case. Please include the new case number (1:22-cv-00544-TWP-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (RSF) |
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Filing 112
ORDER granting Parties' #111 Agreed Motion to Amend the Phase II Case Management Plan. See Order for established deadlines. Signed by Magistrate Judge Doris L. Pryor on 12/8/2022.(SWM)
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| Filing 111 MOTION to Amend Phase II Case Management Plan, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order Granting Agreed Motion to Amend Phase II Case Management Plan)(Vershay, Ryan) |
| Filing 110 NOTICE of Parties' First Extension of Time re Responding to any written request for discovery or admission, filed by Defendants BAPTIST HOMES OF INDIANA, INC., BHI SENIOR LIVING, INC.. (Alexander, Adam) |
| Filing 109 Witness List (Preliminary), filed by Defendant BHI SENIOR LIVING, INC., Exhibit List (Preliminary), filed by Defendant BHI SENIOR LIVING, INC.. (Alexander, Adam) |
| Filing 108 Exhibit List Preliminary, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP, Witness List Preliminary, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
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Filing 107
ORDER Regarding Protective Orders. Signed by Magistrate Judge Doris L. Pryor on 10/7/2022.(CBU)
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Filing 106
ORDER Regarding Discovery Disputes. Signed by Magistrate Judge Doris L. Pryor on 10/7/2022.(CBU)
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Filing 105
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 6/15/2023. Settlement/Status Conference set for 5/16/2023 at 9:00 AM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Signed by Magistrate Judge Doris L. Pryor on 10/7/2022.(CBU)
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Filing 104
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for a Telephonic Status Conference on October 5, 2022. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. This matter is scheduled for a telephonic status conference on February 28, 2023 at 11:00 a.m. (Eastern) to discuss case status. This matter is scheduled for a settlement conference on May 16, 2023 at 9:00 a.m. (Eastern), in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Doris L. Pryor. *SEE ENTRY FOR ADDITIONAL INFORMATION* Signed by Magistrate Judge Doris L. Pryor. (BRR)
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| Filing 103 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP . (Vershay, Ryan) |
| Filing 101 MARGINAL ENTRY - re #100 Stipulation of Dismissal. ACKNOWLEDGED. MARATHON OIL COMPANY terminated. Signed by Judge Tanya Walton Pratt on 8/22/2022. (AKH) |
| Filing 100 STIPULATION of Dismissal of Defendant Marathon Pipe Line LLC, Incorrectly Named as Marathon Oil Company, as to Defendant MARATHON OIL COMPANY, filed by PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
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Filing 99
SCHEDULING ORDER:Telephonic Status Conference set for 10/5/2022 09:00 AM (Eastern Time) before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss case status regarding Phase II of this eminent domain lawsuit. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 8/16/2022.(SWM)
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| Filing 98 MARGINAL ENTRY - re #28 MOTION for Immediate Possession. The Parties have resolved all contested claims. This Motion is DENIED as MOOT. Motions terminated: #28 MOTION for Immediate Possession filed by PANHANDLE EASTERN PIPE LINE COMPANY, LP. Signed by Judge Tanya Walton Pratt on 8/1/2022.(AKH) |
| Filing 97 RECEIPT #671 for deposit of funds in the amount of $360,200.00, paid by Lewis Wagner LLP via check on behalf of PANHANDLE EASTERN PIPE LINE COMPANY, LP per #95 Order. (DJH) |
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Filing 96
ENTRY OF PARTIAL SUMMARY JUDGMENT - This matter comes before the Court on Plaintiff Panhandle Eastern Pipe Line Company, LP's ("Panhandle") (A) "Motion for Partial Summary Judgment to Confirm Condemnation Authority" [ECF 25]; and (B) Request for Summary Ruling on (1) Motion for Partial Summary Judgment To Confirm Condemnation Authority [ECF #25 ], and (2) Stipulation Regarding Deposit and Withdrawal of Funds as Between Plaintiff and Defendant BHI Senior Living, Inc., and Request for Court Order Confirming Same [ECF #85 ]. Based on all the facts and legal authority set forth in ECF #25 , ECF, #26 , and ECF #27 , Panhandle's "Motion for Partial Summary Judgment to Confirm Condemnation Authority" should be and is hereby GRANTED. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that partial summary judgment is hereby entered in favor of Panhandle and against all remaining defendants confirming Panhandle's authority under 15 U.S.C. 717f(h) to acquire the BHI Permanent Easement in the form of ECF #85 -1, and the BHI Temporary Easement in the form of ECF #85 -2, by eminent domain. This matter will proceed to Phase II of this eminent domain lawsuit (i.e., the determination of the amount of just compensation payable to BHI for the BHI Property Easements). By separate Order, the Court will address Panhandle's request to schedule a case management conference for the purpose of establishing case management deadlines for Phase II. Copies sent pursuant to distribution list. (See Order). Signed by Judge Tanya Walton Pratt on 6/24/2022. (AKH)
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Filing 95
ORDER ON STIPULATION REGARDING DEPOSIT AND WITHDRAWAL OF FUNDS AS BETWEEN PLAINTIFF AND DEFENDANT BHI SENIOR LIVING, INC. - This matter comes before the Court on the "Stipulation Regarding Deposit and Withdrawalof Funds as Between Plaintiff and Defendant BHI Senior Living, Inc. and Request for Court OrderConfirming Same" ("Stipulation Regarding BHI") filed by Plaintiff, Panhandle Eastern Pipe Line Company, LP ("Panhandle") and Defendant, BHI Senior Living, Inc. f/k/a Baptist Homes of Indiana, Inc. ("BHI"); And the Court, being in all things duly advised, now APPROVES the Stipulation Regarding BHI. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 6/24/2022. (AKH)
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| Filing 94 MOTION for Request for Summary Ruling on #25 Motion for Partial Summary Judgement and #85 Stipulation regarding Deposit and Withdrawal of Funds as between Plaintiff and Defendant BHI Senior Living, Inc. and Request for Court Order Confirming Same, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Exhibit 1 - Proposed Order on Stipulation regarding deposit and withdrawal of funds with regard to plaintiff, #2 Exhibit 2 - Proposed Entry of Partial Summary Judgment)(Vershay, Ryan) Modified on 6/23/2022 - edited title to match document (AKH). |
| Filing 93 Mail Returned as undeliverable. #84 Order on Motion sent to CREDIT SUISSE AG CAYMAN ISLANDS BRANCH. Return to Sender. Not deliverable as addressed. (AKH) |
| Filing 92 Clerk's ENTRY OF DEFAULT as to SHELL OIL COMPANY. Signed by Clerk, Roger A.G. Sharpe. (AKH) |
| Filing 91 Submission of Signature Requirement re #90 Amended MOTION for Default Judgment as to Defendant Shell Oil Company by PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
| Filing 90 Amended MOTION for Clerk's Entry of Default Judgment as to Defendant Shell Oil Company, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Exhibit 1-Amended Affidavit of Service of Process)(Vershay, Ryan) Modified on 6/3/2022 - edited title (AKH). |
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Filing 89
ORDER - Plaintiff Panhandle Eastern Pipe Line Company, LP, having filed its Motion to Vacate Hearing; And the Court having reviewed same and, being duly advised in this matter, now finds that this Motion should be GRANTED. IT IS THEREFORE ORDERED that the expedited hearing on Panhandle's "Motion for Partial Summary Judgment to Confirm Condemnation Authority" [ECF #25 ], and Panhandle's "Motion for Immediate Possession of Easements" [ECF #28 ], which is presently set for June 2, 2022, is hereby VACATED. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 6/1/2022.(AKH)
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| Filing 88 MOTION to Vacate #55 Order on MotionScheduling June 2, 2022, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order To Vacate Hearing)(Vershay, Ryan) |
| Filing 87 MARGINAL ENTRY, re #86 STIPULATION of Dismissal of Defendant Indiana Gas Company, Inc. D/B/A Vectren Energy Delivery of Indiana, Inc. is ACKNOWLEDGED. INDIANA GAS COMPANY, INC DBA VECTREN ENERGY DELIVERY OF INDIANA, INC. terminated. Signed by Judge Tanya Walton Pratt on 5/31/2022.(CBU) |
| Filing 86 STIPULATION of Dismissal of Defendant Indiana Gas Company, Inc. D/B/A Vectren Energy Delivery of Indiana, Inc., as to Defendant INDIANA GAS COMPANY, INC DBA VECTREN ENERGY DELIVERY OF INDIANA, INC., filed by PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
| Filing 85 STIPULATION Regarding Deposit and Withdrawal of Funds as between Plaintiff and Defendant BHI Senior Living, Inc., filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Exhibit A to Stipulation - ROW Grant BHI Senior Living Inc., #2 Exhibit B to Stipulation - Temporary Construction Easement BHI Senior Living Inc., #3 Exhibit C to Stipulation - Registry Deposit Information Form, #4 Text of Proposed Order)(Vershay, Ryan) Modified on 6/23/2022 - added gavel (AKH). |
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Filing 84
ORDER granting Panhandle's #83 Motion to Utilize Video Evidence Presentation System during the June 2, 2022 hearing. Copy to Hoosier Manor Inc c/o Roger E Weideman II, Marathon Oil Company c/o CT Corporation System, Shell Oil Company c/o CT Corporation and Credit Suisse AG Cayman c/o Highest Ranking Officer. Signed by Judge Tanya Walton Pratt on 5/26/2022. (SWM)
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| Filing 83 MOTION (Request to Utilize Video Evidence Presentation System), filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP (Attachments: #1 Text of Proposed Order) (Vershay, Ryan) Modified event to motion on 5/26/2022 (TRG). |
| Filing 82 NOTICE of Service of Process by Publication, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP (Attachments: #1 Exhibit A- Affidavit of Publication) (Raymond, Derek) |
| Filing 81 SERVICE by Publication filed by PANHANDLE EASTERN PIPE LINE COMPANY, LP. Last publication date May 13, 2022. (Attachments: #1 Exhibit A - Proof of Publication Indpls. Business Journal)(Lewinski, Michael) |
| Filing 80 SERVICE by Publication filed by PANHANDLE EASTERN PIPE LINE COMPANY, LP. Last publication date May 13, 2022. (Attachments: #1 Exhibit A - Proof of Publication Indpls. Business Journal)(Lewinski, Michael) |
| Filing 79 Witness List and Exhibit List for June 2, 2022 Hearing, filed by Defendant BUCKEYE TERMINALS, LLC. (Garlough, Jonathan) |
| Filing 78 Exhibit List , filed by Defendant BHI SENIOR LIVING, INC., Witness List , filed by Defendant BHI SENIOR LIVING, INC.. (Alexander, Adam) |
| Filing 77 Exhibit List for June 2, 2022 hearing, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP, Witness List for June 2, 2022 hearing, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
| Filing 76 NOTICE of Appearance by Timothy E. Ochs on behalf of Defendants BAPTIST HOMES OF INDIANA, INC., BHI SENIOR LIVING, INC.. (Ochs, Timothy) |
| Filing 75 Clerk's ENTRY OF DEFAULT - Default is herby entered against Defendant, HOOSIER MANOR. Signed by Clerk, Roger A.G. Sharpe. (AKH) |
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Filing 74
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on May 5, 2022. The parties discussed the status of the case. Defendants orally moved for an extension of the time to file the response brief from May 11, 2022 to May 20, 2022. The Court GRANTED the request to file the response brief on May 20, 2022. Plaintiff's reply deadline will be extended to May 27, 2022. The call was held and concluded. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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| Filing 72 MARGINAL ENTRY - re #70 STIPULATION of Dismissal as to Defendant INDIANAPOLIS POWER & LIGHT CO., AKCNOWLEDGED. INDIANAPOLIS POWER & LIGHT CO. TERMINATED. Signed by Judge Tanya Walton Pratt on 4/26/2022.(AKH) |
| Filing 71 MARGINAL ENTRY, re #67 ACKNOWLEDGED STIPULATION OF DISMISSAL OF DEFENDANT DUKE ENERGY INDIANA, LLC as to Defendant DUKE ENERGY INDIANA, LLC, filed by All Plaintiffs Signed by Judge Tanya Walton Pratt on 4/25/2022.(JDC) |
| Filing 70 STIPULATION of Dismissal , as to Defendant INDIANAPOLIS POWER & LIGHT CO., filed by All Plaintiffs. (Vershay, Ryan) |
| Filing 69 MOTION for Clerk's Entry of Default Hoosier Manor, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order Clerk's Entry of Default)(Vershay, Ryan) |
| Filing 68 MOTION for Clerk's Entry of Default Shell Oil Company, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order Clerk's Entry of Default)(Vershay, Ryan) |
| Filing 67 STIPULATION of Dismissal , as to Defendant DUKE ENERGY INDIANA, LLC, filed by All Plaintiffs. (Vershay, Ryan) |
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Filing 66
ORDER GRANTING #65 MOTION FOR LEAVE TO WITHDRAW APPEARANCE - This matter came before the Court on the Motion for Leave to Withdraw Appearance for Defendant, Texas Eastern Transmission, LP filed by Darren A. Craig of the law firm of Frost Brown Todd LLC, and the Court being duly advised now GRANTS this Motion. IT IS THEREFORE ORDERED that the appearance previously entered on behalf of Defendant, Texas Eastern Transmission, LP, in this cause by Darren A. Craig of the law firm of Frost Brown Todd LLC is hereby deemed withdrawn as of the date of this Order. Attorney Darren Andrew Craig WITHDRAWN. Signed by Judge Tanya Walton Pratt on 4/21/2022. (AKH)
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| Filing 65 MOTION to Withdraw Attorney Appearance , filed by Defendant TEXAS EASTERN TRANSMISSION, LP. (Attachments: #1 Text of Proposed Order)(Craig, Darren) |
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Filing 64
ORDER granting #57 Motion to Appear pro hac vice of Benjamin Klebanoff of Shearman & Sterling LLP seeking an order granting leave to appear pro hac vice for the purpose of appearing as counsel on behalf of Defendant Credit Suisse AG, Cayman Islands Branch. Signed by Magistrate Judge Doris L. Pryor on 4/19/2022. (MAC)
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Filing 63
ORDER granting #56 Motion to Appear pro hac vice by Daniel C. Lewis to appear pro hac vice for the purpose of appearing as counsel on behalf of Defendant Credit Suisse AG, Cayman Islands Branch. Signed by Magistrate Judge Doris L. Pryor on 4/19/2022. (MAC)
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| Filing 62 MARGINAL ENTRY - regarding #59 Stipulation of Dismissal. ACKNOWLEDGED. CREDIT SUISSE AG CAYMAN ISLANDS BRANCH terminated. Signed by Judge Tanya Walton Pratt on 4/18/2022.(AKH) |
| Filing 61 RETURN of Service by CMRRR, filed by All Plaintiffs. SHELL OIL COMPANY served on 3/24/2022. (Attachments: #1 Exhibit Affidavit of Service, #2 Exhibit CM Receipt Shell Oil Company)(Vershay, Ryan) |
| Filing 60 RETURN of Service by CMRRR, filed by All Plaintiffs. HOOSIER MANOR, INC. served on 3/24/2022. (Attachments: #1 Exhibit Affidavit of Service, #2 Exhibit CM Receipt Hoosier Manor Inc)(Vershay, Ryan) |
| Filing 59 STIPULATION of Dismissal , as to Defendant CREDIT SUISSE AG CAYMAN ISLANDS BRANCH, filed by CREDIT SUISSE AG CAYMAN ISLANDS BRANCH. (Lewis, Daniel) |
| Filing 58 Corporate Disclosure Statement by CREDIT SUISSE AG CAYMAN ISLANDS BRANCH identifying Corporate Parent Credit Suisse Group AG., Other Affiliate CREDIT SUISSE AG for CREDIT SUISSE AG CAYMAN ISLANDS BRANCH.. (Lewis, Daniel) |
| Filing 57 MOTION for Attorney(s) Benjamin Klebanoff to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7062159), filed by Defendant CREDIT SUISSE AG CAYMAN ISLANDS BRANCH. (Klebanoff, Benjamin) |
| Filing 56 MOTION for Attorney(s) DANIEL C. LEWIS to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7062120), filed by Defendant CREDIT SUISSE AG CAYMAN ISLANDS BRANCH. (Lewis, Daniel) |
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Filing 55
ORDER ON #31 REQUEST FOR EXPEDITED HEARING - Plaintiff Panhandle Eastern Pipe Line Company, LP, having filed its Request For An Expedited Hearing On Panhandle's (1) Motion To Confirm Condemnation Authority, And (2) Motion For Immediate Possession Of Easements; And the Court having reviewed same and, being duly advised in this matter, now finds that this request should be GRANTED. IT IS THEREFORE ORDERED that Panhandle's Motion To Confirm Condemnation Authority (Dkt. #25 ) and Motion For Immediate Possession Of Easements (Dkt. #28 ) are hereby set for a hearing on June 2, 2022 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Exhibit and witness lists are due no later than May 12, 2022. Counsel for plaintiff shall serve a copy of this order on the defendants who have not yet appeared in this matter. Signed by Judge Tanya Walton Pratt on 4/14/2022. (AKH)
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| Filing 54 MARGINAL ENTRY - regarding #48 Stipulation of Dismissal of Indiana Bell Telephone Company Incorporated. AKCNOWLEDGED. INDIANA BELL TELEPHONE COMPANY INCORPORATED terminated. Signed by Judge Tanya Walton Pratt on 4/14/2022. (AKH) |
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Filing 53
ORDER granting Plaintiff's #5 Motion for Service by Publication. See Order. Signed by Magistrate Judge Doris L. Pryor on 4/13/2022. (SWM)
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Filing 52
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on April 13, 2022. The parties discussed the status of and future plans for discovery. Written discovery must be served no later than April 28, 2022. The parties shall fully respond to such discovery request on or before May 5, 2022. Defendants will have until May 11, 2022 to file their response to Plaintiff's Motion for Partial Summary Judgment and Motion for Immediate Possession of Easements. The Plaintiff shall reply by May 25, 2022. This matter is scheduled for a telephonic status conference on May 5, 2022 at 11:15 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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| Filing 51 ANSWER to #1 Complaint (Notice of No Objection to the Take/Answer), filed by BHI SENIOR LIVING, INC..(Alexander, Adam) |
| Filing 50 MARGINAL ENTRY - re #43 STIPULATION of Dismissal and Disclaimer of Interest, as to Defendant TEXAS EASTERN TRANSMISSION, LP, filed by All Plaintiffs. ACKNOWLEDGED. TEXAS EASTERN TRANSMISSION, LP terminated. Signed by Judge Tanya Walton Pratt on 4/13/2022.(AKH) |
| Filing 49 MARGINAL ENTRY - re #40 STIPULATION of Dismissal as to Huntington Bank. ACKNOWLEDGED. HUNTINGTON NATIONAL BANK terminated. Signed by Judge Tanya Walton Pratt on 4/13/2022.(AKH) |
| Filing 48 STIPULATION of Dismissal as to Defendant Indiana Bell Telephone Company Incorporated, filed by Defendant INDIANA BELL TELEPHONE COMPANY INCORPORATED. (Rogers, Michael) |
| Filing 47 Corporate Disclosure Statement by BHI SENIOR LIVING, INC.. (Alexander, Adam) |
| Filing 46 NOTICE of Appearance by Adam Matthew Alexander on behalf of Defendant BHI SENIOR LIVING, INC.. (Alexander, Adam) |
| Filing 45 NOTICE of Appearance by Andrew J. Miroff on behalf of Defendant BHI SENIOR LIVING, INC.. (Miroff, Andrew) |
| Filing 44 NOTICE of Appearance by Jason P. Lueking on behalf of Defendant INDIANAPOLIS POWER & LIGHT CO.. (Lueking, Jason) |
| Filing 43 STIPULATION of Dismissal and Disclaimer of Interest, as to Defendant TEXAS EASTERN TRANSMISSION, LP, filed by All Plaintiffs. (Vershay, Ryan) |
| Filing 42 NOTICE of Appearance by Christopher A. Ferguson on behalf of Defendant DUKE ENERGY INDIANA, LLC. (Ferguson, Christopher) |
| Filing 41 NOTICE of Appearance by Jonathan W. Garlough on behalf of Defendant BUCKEYE TERMINALS, LLC. (Garlough, Jonathan) |
| Filing 40 STIPULATION of Voluntary Dismissal, filed by Defendant HUNTINGTON NATIONAL BANK. (Patton, David) Modified on 4/12/2022 - edited docket text (AKH). |
| Filing 39 Corporate Disclosure Statement by HUNTINGTON NATIONAL BANK identifying Corporate Parent HUNTINGTON BANCSHARES INCORPORATED, Other Affiliate Huntington Preferred Capital, Inc. for HUNTINGTON NATIONAL BANK.. (Patton, David) |
| Filing 38 NOTICE of Appearance by David W. Patton on behalf of Defendant HUNTINGTON NATIONAL BANK. (Patton, David) |
| Filing 37 NOTICE of Appearance by Darren Andrew Craig on behalf of Defendant TEXAS EASTERN TRANSMISSION, LP. (Craig, Darren) |
| Filing 35 NOTICE of Appearance by Marco L. Delucio on behalf of Defendant INDIANA GAS COMPANY, INC DBA VECTREN ENERGY DELIVERY OF INDIANA, INC.. (Delucio, Marco) |
| Filing 34 NOTICE of Appearance by Michael D. Rogers on behalf of Defendant INDIANA BELL TELEPHONE COMPANY INCORPORATED. (Rogers, Michael) |
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Filing 33
SCHEDULING ORDER: Status Conference set for 4/13/2022 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss a discovery plan, briefing schedule, and to determine a date for the requested expedited hearing. Counsel shall attend the conference by calling 877-336-1274, Access Code 4665453, Security Code 122544. Counsel for Plaintiffs shall serve a copy of this Order on Defendants. Signed by Magistrate Judge Doris L. Pryor on 3/29/2022.(SWM)
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Filing 32
ORDER - This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment (Dkt. #25 ), Plaintiff's Motion for Immediate Possession (Dkt. #28 ) and Motion for Expedited hearing (Dkt. #31 ). Parties are to meet with Magistrate Judge Doris L. Pryor to discuss a discovery plan, briefing schedule, and to determine a date for the requested expedited hearing, as well as the estimated time required for such hearing. Counsel for Plaintiffs shall serve a copy of this order on Defendants. Signed by Judge Tanya Walton Pratt on 3/24/2022.(AKH)
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| Filing 31 MOTION Request for Expedited Hearing, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order on Request for Expedited Hearing)(Vershay, Ryan) Modified on 3/24/2022 - deleted duplicate docket text (AKH). |
| Filing 30 BRIEF/MEMORANDUM in Support re #28 MOTION for Immediate Possession , filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
| Filing 29 Designation of Evidence re #28 MOTION for Immediate Possession , filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Exhibit Affidavit of Alan Longoria, #2 Exhibit Affidavit of Irma Jarrett, #3 Exhibit Affidavit of Troy Yackle, #4 Exhibit Affidavit of Jonathan Wallace, #5 Exhibit Affidavit of Darryl Wineinger)(Vershay, Ryan) |
| Filing 28 MOTION for Immediate Possession, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
| Filing 27 BRIEF/MEMORANDUM in Support re #25 MOTION for Partial Summary Judgment to Confirm Condemnation Authority, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
| Filing 26 Designation of Evidence re #25 MOTION for Partial Summary Judgment , filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Exhibit Affidavit of Alan Longoria, #2 Exhibit Affidavit of Irma Jarrett, #3 Exhibit Affidavit of Troy Yackle, #4 Exhibit Affidavit of Jonathan Wallace, #5 Exhibit Affidavit of Darryl Wineinger)(Vershay, Ryan) |
| Filing 25 MOTION for Partial Summary Judgment , filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
| Filing 24 NOTICE of Appearance by Derek G. Raymond on behalf of Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Raymond, Derek) |
| Filing 23 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 22 Summons Issued as to BAPTIST HOMES OF INDIANA, INC., BHI SENIOR LIVING, INC., BUCKEYE TERMINALS, LLC, CREDIT SUISSE AG CAYMAN ISLANDS BRANCH, DUKE ENERGY INDIANA, LLC, HOOSIER MANOR, INC., HUNTINGTON NATIONAL BANK, INDIANA BELL TELEPHONE COMPANY INCORPORATED, INDIANA GAS COMPANY, INC DBA VECTREN ENERGY DELIVERY OF INDIANA, INC., INDIANAPOLIS POWER & LIGHT CO., MARATHON OIL COMPANY, SHELL OIL COMPANY, TEXAS EASTERN TRANSMISSION, LP. (JSR) |
| Filing 21 NOTICE of Appearance by Michael Joseph Lewinski on behalf of Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Lewinski, Michael) |
| Filing 20 Proposed Summons submitted for issuance by the clerk as to TEXAS EASTERN TRANSMISSION, LP. (Vershay, Ryan) |
| Filing 19 Proposed Summons submitted for issuance by the clerk as to SHELL OIL COMPANY. (Vershay, Ryan) |
| Filing 18 Proposed Summons submitted for issuance by the clerk as to MARATHON OIL COMPANY. (Vershay, Ryan) |
| Filing 17 Proposed Summons submitted for issuance by the clerk as to INDIANAPOLIS POWER & LIGHT CO.. (Vershay, Ryan) |
| Filing 16 Proposed Summons submitted for issuance by the clerk as to INDIANA GAS COMPANY, INC DBA VECTREN ENERGY DELIVERY OF INDIANA, INC.. (Vershay, Ryan) |
| Filing 15 Proposed Summons submitted for issuance by the clerk as to INC. INDIANA BELL TELEPHONE. (Vershay, Ryan) |
| Filing 14 Proposed Summons submitted for issuance by the clerk as to HUNTINGTON NATIONAL BANK. (Vershay, Ryan) |
| Filing 13 Proposed Summons submitted for issuance by the clerk as to HUNTINGTON NATIONAL BANK. (Vershay, Ryan) |
| Filing 12 Proposed Summons submitted for issuance by the clerk as to HOOSIER MANOR, INC.. (Vershay, Ryan) |
| Filing 11 Proposed Summons submitted for issuance by the clerk as to DUKE ENERGY INDIANA, LLC. (Vershay, Ryan) |
| Filing 10 Proposed Summons submitted for issuance by the clerk as to CREDIT SUISSE AG CAYMAN ISLANDS BRANCH. (Vershay, Ryan) |
| Filing 9 Proposed Summons submitted for issuance by the clerk as to CREDIT SUISSE AG CAYMAN ISLANDS BRANCH. (Vershay, Ryan) |
| Filing 8 Proposed Summons submitted for issuance by the clerk as to BUCKEYE TERMINALS, LLC. (Vershay, Ryan) |
| Filing 7 Proposed Summons submitted for issuance by the clerk as to BHI SENIOR LIVING, INC.. (Vershay, Ryan) |
| Filing 6 Proposed Summons submitted for issuance by the clerk as to BAPTIST HOMES OF INDIANA, INC.. (Vershay, Ryan) |
| Filing 5 MOTION for Service by Publication , filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Attachments: #1 Text of Proposed Order Order on Request for Service by Publication)(Vershay, Ryan) |
| Filing 4 NOTICE Rule 71.1 Notice to Defendants of Condemnation Action, filed by Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP, re #1 Complaint. (Vershay, Ryan) |
| Filing 3 Corporate Disclosure Statement by PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
| Filing 2 NOTICE of Appearance by Ryan John Vershay on behalf of Plaintiff PANHANDLE EASTERN PIPE LINE COMPANY, LP. (Vershay, Ryan) |
| Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-7021590) (Attachments: #1 Exhibit Exhibit 1 - ROW Grant for Buckeye Property, #2 Exhibit Exhibit 2 - Temporary Construction Easement on Buckeye Property, #3 Exhibit Exhibit 3 - ROW Grant for Baptist Homes Property, #4 Exhibit Exhibit 4 - ROW Grant for BHI Property, #5 Exhibit Exhibit 5 - Temporary Construction Easement on BHI Property, #6 Exhibit Exhibit 6 - 100 Line CPCN, #7 Exhibit Exhibit 7 - 400 Line CPCN, #8 Exhibit Exhibit 8 - Blanket CPCN, #9 Civil Cover Sheet Civil Cover Sheet)(Vershay, Ryan) |
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