Rebein et al v. BP Canada Energy Marketing Corp et al
| David J. Rebein, Daniel B. Giroux, Judy Krueger and Michael T. Jilka |
| BP Canada Energy Marketing Corp, BP Energy Company, Chevron Natural Gas, ETC Marketing, Ltd. and Macquarie Energy LLC |
| 6:2023cv01245 |
| November 17, 2023 |
| U.S. District Court for the District of Kansas |
| Daniel D Crabtree |
| Eric F Melgren |
| Angel D Mitchell |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on February 28, 2025. A more recent docket listing may be available from PACER.
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Filing 48
ORDER SETTING STATUS CONFERENCE: Status Conference as to Cases 6:23-cv-01192-DDC-ADM, 6:23-cv-01195-DDC-ADM, 6:23-cv-01245-DDC-ADM, 6:23-cv-01249-DDC-ADM, and 5:23-cv-04116-DDC-ADM is scheduled for 1/25/2024 at 10:00 AM by Video Conference - Zoom before Magistrate Judge Angel D. Mitchell. Zoom invitation will be provided to counsel of record by email. Signed by Magistrate Judge Angel D. Mitchell on 1/11/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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Filing 47
ORDER ON RESPONSE TO SHOW CAUSE ORDER. The court provisionally concludes plaintiffs have shown good cause why the court should not dismiss this action for lack of subject matter jurisdiction. This provisional conclusion doesn't preclude future challenges to subject matter jurisdiction since the court owes a continuing duty to assess whether plaintiffs properly have invoked the court's jurisdiction. Signed by District Judge Daniel D. Crabtree on 1/5/2024. (mam)
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| Filing 46 SUPPLEMENTAL STATEMENT/RESPONSE re #31 Order to Show Cause re Consolidation by Defendant Chevron Natural Gas. (Morris, Jeffrey) |
| Filing 45 STATEMENT/RESPONSE re #31 Order to Show Cause re Consolidation by Defendant ETC Marketing, Ltd. (Bengtson, David) |
| Filing 44 STATEMENT/RESPONSE re #31 Order to Show Cause re Consolidation by Defendants BP Energy Company, BP Canada Energy Marketing Corp. (Pfaff, Alan) |
| Filing 43 RESPONSE re #31 Order to Show Cause on Consolidation by Plaintiffs Judy Krueger, Daniel B. Giroux, Michael T. Jilka, David J. Rebein. (Fowler, Jay) |
| Filing 42 SUPPLEMENTAL RESPONSE re #31 Order to Show Cause by Defendant Macquarie Energy LLC. (McAllister, Stephen) |
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Filing 41
ORDER granting #35 Motion to Appear Pro Hac Vice of Amanda Flug Davidoff for Defendants BP Canada Energy Marketing Corp and BP Energy Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 12/22/2023. (jsh)
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Filing 40
ORDER granting #36 Motion to Appear Pro Hac Vice of Michael P. Devlin for Defendants BP Canada Energy Marketing Corp and BP Energy Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 12/22/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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Filing 39
ORDER granting #37 Motion to Appear Pro Hac Vice of Richard C. Pepperman, II for Defendants BP Canada Energy Marketing Corp and BP Energy Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 12/22/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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Filing 38
ORDER regarding briefing on the issue of consolidation: Per plaintiffs' request in their responses to the court's December 5, 2023 show-cause order, the court extends plaintiffs' deadline to respond to the court's December 21, 2023 show-cause order to January 4, 2024. Signed by Magistrate Judge Angel D. Mitchell on 12/22/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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| Filing 37 MOTION for attorney Richard C. Pepperman II to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6233829.) by Defendants BP Canada Energy Marketing Corp, BP Energy Company. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit, #2 ECF Registration Form) (Pfaff, Alan) |
| Filing 36 MOTION for attorney Michael P. Devlin to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6233826.) by Defendants BP Canada Energy Marketing Corp, BP Energy Company. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit, #2 ECF Registration Form) (Pfaff, Alan) |
| Filing 35 MOTION for attorney Amanda Flug Davidoff to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6233806.) by Defendants BP Canada Energy Marketing Corp, BP Energy Company. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit, #2 ECF Registration Form) (Pfaff, Alan) |
| Filing 34 RESPONSE re #5 Order to Show Cause,,,, by Plaintiffs Judy Krueger, Daniel B. Giroux, Michael T. Jilka, David J. Rebein(Fowler, Jay) |
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Filing 33
ORDER granting #30 Motion to Appear Pro Hac Vice of Stephen Burton Crain for Chevron Natural Gas pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 12/21/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 32
ORDER granting #29 Motion to Appear Pro Hac Vice of Bradley J. Benoit for Chevron Natural Gas pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 12/21/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 31
ORDER TO SHOW CAUSE. The court is interested in hearing the parties' thoughts on whether Kansas should be included in any consolidated action involving the first four cases--and if so, whether for all purposes or for discovery only. Thus, the court extends its December 5 Order to Show Cause on consolidation to the newly filed Kansas case. The response deadlines remain largely the same parties that had entered an appearance by December 5 must file their responses by 12/22/2023; parties who had not appeared by that date must file any response within 7 days after first appearing or 21 days after being served (or agreeing to waive or accept service of) the summons and complaint, whichever is earliest. The court extends the page limit for the briefs to 4 pages. Reply briefs are not contemplated. Parties that have already filed responses to the first order to show cause may also file a response to this order to show cause directed to the issue of the extent to which the Kansas case should be consolidated with the first four cases. Any such response must be filed by 1/4/2024. Any such response briefs are limited to 2 pages. Reply briefs are not contemplated. As in the first four cases, Macquarie's deadline to file any motion to dismiss in Kansas is held in abeyance until the court issues a ruling on the matter of consolidation. At that time, the court will set a status conference to discuss motions to dismiss, including the possibility of a consolidated motion to dismiss. Macquarie may, if it wishes, file a motion to extend its answer deadline to align with the motion-to-dismiss deadline. Signed by Magistrate Judge Angel D. Mitchell on 12/20/2023. (mam)
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| Filing 30 MOTION for attorney Stephen Burton Crain to appear pro hac vice Motion For Leave To Appear Pro Hac Vice - Stephen Burton Crain ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6231790.) by Defendant Chevron Natural Gas (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Morris, Jeffrey) |
| Filing 29 MOTION for attorney Bradley J. Benoit to appear pro hac vice Motion For Leave To Appear Pro Hac Vice - Bradley J. Benoit ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6231771.) by Defendant Chevron Natural Gas (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Morris, Jeffrey) |
| Filing 28 RESPONSE re #6 Order to Show Cause by Plaintiffs Judy Krueger, Daniel B. Giroux, Michael T. Jilka, David J. Rebein. (Fowler, Jay) |
| Filing 27 AMENDED NOTICE TO THE PARTIES. This Amended Notice corrects a typographical error in the Notice filed on 12/18/2023 (Doc. #16 ). Signed by District Judge Daniel D. Crabtree on 12/19/2023. (mam) |
| Filing 26 STATEMENT Regarding Consolidation by Defendant Chevron Natural Gas. (Morris, Jeffrey) |
| Filing 25 ENTRY OF APPEARANCE by Jeffrey D. Morris on behalf of Chevron Natural Gas. (Morris, Jeffrey) |
| Filing 24 STATEMENT re #5 Order to Show Cause by Defendant ETC Marketing, Ltd. (Bengtson, David) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT by BP Energy Company identifying None as corporate parent. (Pfaff, Alan) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT by BP Canada Energy Marketing Corp identifying None as corporate parent. (Pfaff, Alan) |
| Filing 21 STATEMENT re #5 Order to Show Cause by Defendants BP Canada Energy Marketing Corp, BP Energy Company. (Pfaff, Alan) |
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Filing 20
ORDER granting #14 the parties' joint motion to extend defendants' answer deadline. The court will subsequently set the deadline to answer or otherwise respond to the complaint following a ruling on the matter of consolidation. Signed by Magistrate Judge Angel D. Mitchell on 12/18/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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| Filing 19 RESPONSE re #5 Order to Show Cause by Defendant Macquarie Energy LLC. (McAllister, Stephen) |
| Filing 18 ENTRY OF APPEARANCE by Stephen R. McAllister on behalf of Macquarie Energy LLC. (McAllister, Stephen) |
| Filing 17 ENTRY OF APPEARANCE by Megan Carroll on behalf of Macquarie Energy LLC. (Carroll, Megan) |
| Filing 16 NOTICE TO THE PARTIES. Signed by District Judge Daniel D. Crabtree on 12/18/2023. (mam) |
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Filing 15
ORDER granting #9 Motion to Appear Pro Hac Vice of Mark A. Perry for ETC Marketing, Ltd. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only ; granting #10 Motion to Appear Pro Hac Vice of Chantale Fiebig for ETC Marketing, Ltd. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only ; granting #11 Motion to Appear Pro Hac Vice of Claire L. Chapla for ETC Marketing, Ltd. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only ; granting #12 Motion to Appear Pro Hac Vice of Elizabeth Y. Ryan for ETC Marketing, Ltd. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 12/18/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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| Filing 14 STIPULATION AND MOTION for Order Regarding Defendants' Response to the Complaint by BP Canada Energy Marketing Corp, BP Energy Company. (Pfaff, Alan) Modified event type and title per chamberson 12/18/2023 (ca). |
| Filing 13 ENTRY OF APPEARANCE by Alan R. Pfaff on behalf of BP Canada Energy Marketing Corp, BP Energy Company. (Pfaff, Alan) |
| Filing 12 MOTION for attorney Elizabeth Ryan to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6228016.) by Defendant ETC Marketing, Ltd. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit ISO Motion to Appear Pro Hac Vice, #2 ECF Registration Form)(Bengtson, David) |
| Filing 11 MOTION for attorney Claire L. Chapla to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6228009.) by Defendant ETC Marketing, Ltd. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit ISO Motion to Appear Pro Hac Vice, #2 ECF Registration Form)(Bengtson, David) |
| Filing 10 MOTION for attorney Chantale Fiebig to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6227999.) by Defendant ETC Marketing, Ltd. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit ISO Motion to Appear Pro Hac Vice, #2 ECF Registration Form) (Bengtson, David) |
| Filing 9 MOTION for attorney Mark A. Perry to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6227989.) by Defendant ETC Marketing, Ltd. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit ISO Motion Pro Hac Vice, #2 ECF Registration Form )(Bengtson, David) |
| Filing 8 ENTRY OF APPEARANCE by Logan Fancher on behalf of ETC Marketing, Ltd. (Fancher, Logan) |
| Filing 7 ENTRY OF APPEARANCE by David E. Bengtson on behalf of ETC Marketing, Ltd. (Bengtson, David) |
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Filing 6
NOTICE AND ORDER TO PLAINTIFFS TO SHOW CAUSE. Plaintiffs David J. Rebein, Daniel B. Giroux, Judy Krueger and Michael T. Jilka are directed to show cause within 14 days why the court should not dismiss this action for lack of subject matter jurisdiction under 28 U.S.C. 1332(d)(2). Signed by District Judge Daniel D. Crabtree on 12/6/2023. (mam)
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Filing 5
ORDER TO SHOW CAUSE. The court directs any party that wishes to be heard on the issue of consolidation to file a response to this order, briefly stating the party's position in no more than 3 pages. Parties that have entered an appearance as of today's date must file their responses by 12/22/2023. Any defendant that has not yet appeared in a case must file any response within 7 days after first appearing in the case or 21 days after being served (or agreeing to waive or accept service of) the summons and complaint, whichever is earliest. All deadlines to file motions to dismiss or to submit further briefing on any pending motion to dismiss are held in abeyance until the court issues a ruling on the matter of consolidation. At that time, the court will set a status conference to discuss motions to dismiss, including the possibility of a consolidated motion to dismiss. Meanwhile, any defendant may, if it wishes to do so, file a motion to extend its answer deadline to align it with the motion-to-dismiss deadline. Signed by Magistrate Judge Angel D. Mitchell on 12/5/2023. (mam)
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Filing 4
ORDER REASSIGNING CASE: Case reassigned to District Judge Daniel D. Crabtree for all further proceedings. Chief District Judge Eric F. Melgren no longer assigned to case. Signed by Chief District Judge Eric F. Melgren on 11/28/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(cm)
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| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Judy Krueger, Daniel B. Giroux, Michael T. Jilka, David J. Rebein - trial to be held in Wichita. (Fowler, Jay) |
| Filing 2 CIVIL COVER SHEET by Plaintiffs Judy Krueger, Daniel B. Giroux, Michael T. Jilka, David J. Rebein. (Fowler, Jay) |
| Filing 1 COMPLAINT with trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-6205795.), filed by Judy Krueger, Daniel B. Giroux, Michael T. Jilka, David J. Rebein. (Fowler, Jay) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Angel D. Mitchell 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 (nac) |
| SUMMONS ISSUED as to BP Canada Energy Marketing Corp, BP Energy Company, Chevron Natural Gas, ETC Marketing, Ltd., Macquarie Energy LLC. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac) |
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