Deutscher et al v. Tenaska Marketing Ventures et al
| Eli Deutscher, Daryl Gregg, Luke Oborny, Neal Ward and Steven Mongeau |
| Tenaska Marketing Ventures and Macquarie Energy LLC |
| 6:2023cv01249 |
| November 21, 2023 |
| U.S. District Court for the District of Kansas |
| Daniel D Crabtree |
| Angel D Mitchell |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 28
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 27
ORDER ON RESPONSE TO SHOW CAUSE ORDER re #21 . Signed by District Judge Daniel D. Crabtree on 1/5/2024. (sz)
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| Filing 26 RESPONSE re #21 Order to Show Cause,,,,,, by Defendant Tenaska Marketing Ventures(Morris, Jeffrey) |
| Filing 25 RESPONSE re #21 Order to Show Cause,,,,,, by Plaintiffs Neal Ward, Eli Deutscher, Luke Oborny, Daryl Gregg, Steven Mongeau(Fowler, Jay) |
| Filing 24 RESPONSE re #21 Order to Show Cause,,,,,, by Defendant Macquarie Energy LLC(McAllister, Stephen) |
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Filing 23
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.)(ht)
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| Filing 22 RESPONSE re #5 Order to Show Cause,,,, by Plaintiffs Neal Ward, Eli Deutscher, Luke Oborny, Daryl Gregg, Steven Mongeau(Fowler, Jay) |
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Filing 21
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 20 RESPONSE re #6 Order to Show Cause, by Plaintiffs Neal Ward, Eli Deutscher, Luke Oborny, Daryl Gregg, Steven Mongeau(Fowler, Jay) |
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Filing 19
ORDER granting #15 Motion to Appear Pro Hac Vice of Stephen B. Crain for Tenaska Marketing Ventures pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 12/19/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 18
ORDER granting #16 Motion to Appear Pro Hac Vice of Bradley J. Benoit for Tenaska Marketing Ventures pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 12/19/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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| Filing 17 AMENDED NOTICE TO THE PARTIES. This Amended Notice corrects a typographical error in the Notice filed on 12/18/2023 (Doc. #9 ). Signed by District Judge Daniel D. Crabtree on 12/19/2023. (mam) |
| Filing 16 MOTION for attorney Bradley J. Benoit to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6229485.) by Defendant Tenaska Marketing Ventures. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit, #2 ECF Registration Form) (Morris, Jeffrey) |
| Filing 15 MOTION for attorney Stephen B. Crain to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6229465.) by Defendant Tenaska Marketing Ventures. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit, #2 ECF Registration Form) (Morris, Jeffrey) |
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Filing 14
ORDER granting #8 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 13 STATEMENT Regarding Consolidation by Defendant Tenaska Marketing Ventures. (Morris, Jeffrey) |
| Filing 12 RESPONSE re #5 Order to Show Cause by Defendant Macquarie Energy LLC. (McAllister, Stephen) |
| Filing 11 ENTRY OF APPEARANCE by Stephen R. McAllister on behalf of Macquarie Energy LLC. (McAllister, Stephen) |
| Filing 10 ENTRY OF APPEARANCE by Megan Carroll on behalf of Macquarie Energy LLC. (Carroll, Megan) |
| Filing 9 NOTICE TO THE PARTIES. Signed by District Judge Daniel D. Crabtree on 12/18/2023. (mam) |
| Filing 8 STIPULATION and Proposed Order Regarding Defendants' Response to the Complaint by Tenaska Marketing Ventures. (Morris, Jeffrey) Modified on 12/18/2023 to make a pending motion. (sz) |
| Filing 7 ENTRY OF APPEARANCE by Jeffrey D. Morris on behalf of Tenaska Marketing Ventures. (Morris, Jeffrey) |
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Filing 6
NOTICE AND ORDER TO PLAINTIFFS SHOW CAUSE: Plaintiffs Eli Deutscher, Daryl Gregg, Luke Oborny, Neal Ward, and Steven Mongeau 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 December 6, 2023. (mls)
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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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| SUMMONS ISSUED as to Macquarie Energy LLC, Tenaska Marketing Ventures (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) (jk) |
| 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 (jk) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Eli Deutscher, Daryl Gregg, Steven Mongeau, Luke Oborny, Neal Ward - trial to be held in Wichita. (Fowler, Jay) |
| Filing 2 CIVIL COVER SHEET by Plaintiffs Eli Deutscher, Daryl Gregg, Steven Mongeau, Luke Oborny, Neal Ward. (Fowler, Jay) |
| Filing 1 COMPLAINT with trial location of Wichita, filed by Neal Ward, Eli Deutscher, Luke Oborny, Daryl Gregg, Steven Mongeau. (Fowler, Jay) |
| FILING FEE PAID in the amount of $402, receipt number 600003400. (jk) |
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