Kansas, State of, ex rel., Kris W. Kobach, Attorney General v. Macquarie Energy LLC et al.
| State of Kansas, ex rel., Kris W. Kobach, Attorney General and Kansas, State of, ex rel., Kris W. Kobach, Attorney General |
| Macquarie Energy LLC and John Does 1 through 10 |
| 5:2023cv04035 |
| May 2, 2023 |
| US District Court for the District of Kansas |
| Daniel D Crabtree |
| Rachel E Schwartz |
| Securities/Commodities |
| Both |
Docket Report
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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
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Filing 26
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING This case has hit something of a procedural dead-end. Twenty-eight days ago, the court granted Kansas an extension of 82 days to file its Response to the pending Motion to Dismiss. See Doc. 24 (extending deadline for responding to Doc. 10 until July 29, 2023). This is an extraordinarily long extension but, then again, this isn't a run-of-mine case. This outcome gave Kansas, by far, the longer end of the stick. Defendants opposed any extension longer than 14 days and Kansas had requested 90 extra days. Kansas nonetheless persisted, filing (the same day as the court's ruling) a "Reply to Macquarie's Opposition to Plaintiff's Motion for Extension of Time." See Doc. 25. This title was a curious one since the court already had decided the motion to extend--something Kansas knew when it filed its Reply. See id. at 1 (acknowledging awareness of the Memorandum and Order issued earlier that day, Doc. 24). The Clerk of our court thus docketed Kansas's Reply as a Second Motion for Extension of Time, which is consistent with the substance of the filing. See Docket Entry for Doc. 25; see also Doc. 25 at 1 (Kansas "reasserts its request for an extension of time" to respond to defendant's Motion to Dismiss). Under our court's rules, defendant had 21 days to respond to Kansas's Second Motion (as it was docketed). D. Kan. R. 6.1(d)(2). Defendant didn't respond to the Second Motion and more than 21 days have passed. Aiming to bring certainty to the briefing schedule on the pending Motion to Dismiss, the court will convene a Status Conference on Thursday, July 6, 2023, at 11:30 AM (CDT) in KC Courtroom 476 by Zoom video conference. The Deputy Clerk will provide information to counsel by electronic mail explaining how counsel may join this conference. If key counsel is unavailable for this conference at the noticed time, the court directs them to confer and propose a reasonably prompt alternative. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
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Filing 25
Second MOTION for extension of time to respond to Motion to Dismiss by Plaintiff Kansas, State of, ex rel., Kris W. Kobach, Attorney General (Oleen, Frances)
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Filing 24
MEMORANDUM AND ORDER granting in part and denying in part #21 MOTION for Extension of Time to File Response as to #10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Response deadline 7/29/2023. Signed by District Judge Daniel D. Crabtree on 06/02/2023. (kmc)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #25 Second MOTION for extension of time to respond to Motion to Dismiss. The motion will be resolved by the District Judge.(bh)
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Filing 23
MEMORANDUM IN OPPOSITION by Defendant Macquarie Energy LLC re #21 Motion for Extension of Time to File Response as to #10 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim. (McAllister, Stephen)
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DOCKET ANNOTATION: The ruling in 22 Order on Motion for Extension of Time has been changed back to 'regarding' as originally entered on 5/25/2023. Doc. #21 MOTION for Extension of Time to File Response as to #10 Motion to Dismiss is a pending motion. (heo)
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***DISREGARD - entered in error; ruling on 22 is 'regarding' as originally entered***NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding Order on Motion for Extension of Time to File Response 22 : The entry was updated to reflect the motion at DE #21 was granted. It is no longer pending. (jal) Modified on 5/31/2023 (heo).
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Filing 22
ORDER regarding #21 MOTION for Extension of Time to File Response to #10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim . Defendant Macquarie Energy LLC must file a Response by May 31, 2023. Plaintiff must file its Reply by June 2, 2023. Signed by District Judge Daniel D. Crabtree on 05/25/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
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Filing 21
MOTION for Extension of Time to File Response as to #10 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Plaintiff Kansas, State of, ex rel., Kris W. Kobach, Attorney General. (Oleen, Frances)
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Filing 20
ORDER granting in part and denying in part #19 the parties' Joint Motion to Stay Discovery and Case Deadlines. The parties request that the Court stay discovery and other pretrial proceedings until thirty days following a ruling on #10 Defendant's motion to dismiss. For the reasons stated in the motion, the Court finds that a stay is appropriate pending a ruling on the motion to dismiss and grants a limited stay. For the same reasons articulated in the motion, the Court finds good cause to delay issuance of a scheduling order. The Court therefore stays discovery and vacates all deadlines set out in the #9 Initial Order Regarding Planning and Scheduling, including the June 14, 2023 scheduling conference. The Court subsequently will issue an amended Initial Order Regarding Planning and Scheduling following a ruling on the motion to dismiss, as appropriate. This stay does not impact any deadlines related to the motion to dismiss. The Court denies without prejudice the parties' request to extend the stay thirty days beyond the ruling on the motion to dismiss. If good cause exists to extend the stay following a ruling on a motion to dismiss, any party may file a renewed motion to extend the stay at that time. Signed by Magistrate Judge Rachel E. Schwartz on 5/25/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #21 MOTION for Extension of Time to File Response as to #10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. The motion will be resolved by the District Judge.(bh)
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Filing 19
JOINT MOTION to Stay Discovery and Case Deadlines by Defendant Macquarie Energy LLC. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (McAllister, Stephen)
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Filing 18
ORDER granting #17 Motion to Appear Pro Hac Vice of Alexandra Foulkes Grafton for Macquarie Energy LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 5/24/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
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Filing 17
MOTION for attorney Alexandra Foulkes Grafton to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6068423.) by Defendant Macquarie Energy LLC. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 Affidavit, #2 ECF Registration Form) (McAllister, Stephen)
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Filing 16
ORDER granting #15 Motion to Appear Pro Hac Vice of Michael Yuffee for Macquarie Energy LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Rachel E. Schwartz on 5/23/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal)
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Filing 15
MOTION for attorney Michael Yuffee to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6066762.) by Defendant Macquarie Energy LLC. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 Affidavit, #2 ECF Registration Form) (McAllister, Stephen)
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Filing 14
ENTRY OF APPEARANCE by Megan Carroll on behalf of Macquarie Energy LLC. (Carroll, Megan)
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Filing 13
ORDER granting #11 Motion to Appear Pro Hac Vice of Beatrice C. Franklin for Macquarie Energy LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting #12 Motion to Appear Pro Hac Vice of William R.H. Merrill for Macquarie Energy LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Rachel E. Schwartz on 5/10/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal)
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Filing 12
MOTION for attorney William R.H. Merrill to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6055905.) by Defendant Macquarie Energy LLC. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 ECF Registration Form, #2 Affidavit)(McAllister, Stephen)
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Filing 11
MOTION for attorney Beatrice C. Franklin to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6055875.) by Defendant Macquarie Energy LLC. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 ECF Registration Form, #2 Affidavit)(McAllister, Stephen)
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Filing 10
MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Defendant Macquarie Energy LLC. (McAllister, Stephen)
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Filing 9
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for June 14, 2023, at 10:00 a.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 5/24/2023. Rule 26 Initial Disclosures Deadline set for 6/2/2023. Proposed Scheduling Order Deadline 6/2/2023. Signed by Magistrate Judge Rachel E. Schwartz on 05/08/2023. (drk)
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Filing 8
ORDER granting defendant Macquarie Energy LLC's Unopposed Motion for Leave to Exceed Page Limitations (Doc. [6)]. The court grants the requests of both parties to exceed the page limitations of D. Kan. Rule 7.1(d)(3). Defendant Macquarie Energy LLC's forthcoming motion to dismiss and plaintiff State of Kansas's response to that motion may not exceed 30 pages each. The page limitations of D. Kan. Rule 7.1(d)(3) apply to Macquarie Energy LLC's reply, which may not exceed five pages. Signed by District Judge Daniel D. Crabtree on 05/08/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
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Filing 7
CERTIFICATE OF SERVICE of Notice of Filing of Notice of Removal of Action to Federal Court with Shawnee County District Court Clerk by Macquarie Energy LLC. (Attachments: #1 Exhibit A)(McAllister, Stephen)
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Filing 6
UNOPPOSED MOTION for Leave to Exceed Page Limitations by Defendant Macquarie Energy LLC. (McAllister, Stephen)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #6 Unopposed MOTION for Leave to File Excess Pages. The motion will be resolved by the District Judge.
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jk)
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Filing 5
STIPULATION OF THE PARTIES - Defendant waives formal service of the Petition and Summons. Defendant agrees to accept service via email to Beatrice Franklin, BFranklin@susmangodfrey.com, and is effective 3/17/2023. Defendant shall respond to the Petition on or before 5/16/2023. (Originally filed in the Shawnee County District Court on 3/17/2023.) (mam)
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Filing 4
CORPORATE DISCLOSURE STATEMENT by Macquarie Energy LLC identifying Macquarie Group Limited as corporate parent. (McAllister, Stephen)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Defendant Macquarie Energy LLC - trial to be held in Topeka. (McAllister, Stephen)
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Filing 2
CIVIL COVER SHEET by Defendant Macquarie Energy LLC. (McAllister, Stephen)
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Filing 1
NOTICE OF REMOVAL from Shawnee County, Kansas District Court, case number 2022-CV-000677, trial location of Topeka (Filing fee $402, Internet Payment Receipt Number AKSDC-6050688.), filed by Macquarie Energy LLC. (Attachments: #1 State Court Petition) (McAllister, Stephen)
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