Rice et al v. Southwest Energy, L.P. et al
Plaintiff: Maria Rice, Gerald Smith and Usha Rafferty
Defendant: Southwest Energy, L.P., Symmetry Energy Solutions, LLC, John Does 1-5, NextEra Energy Marketing, LLC, Macquarie Energy, LLC, Spotlight Energy, LLC, Williams Energy Resources, LLC, CIMA Energy, L.P., Tenaska Marketing Ventures and Concord Energy, LLC
Case Number: 6:2024cv01005
Filed: January 10, 2024
Court: US District Court for the District of Kansas
Presiding Judge: Daniel D Crabtree
Referring Judge: Angel D Mitchell
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2024 Opinion or Order Filing 47 ORDER granting #39 Motion to Appear Pro Hac Vice of Stephen Burton 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 3/8/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
March 8, 2024 Opinion or Order Filing 46 ORDER granting #40 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 3/8/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
March 7, 2024 Opinion or Order Filing 45 ORDER striking #43 an appellate pleading that CIMA ENERGY, LP appears to have filed in error. ORDER granting #44 CIMA ENERGY, LP.'s Unopposed Motion to Extend Time to Respond to Plaintiffs' Amended Complaint. 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 3/7/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
March 7, 2024 Filing 44 Unopposed MOTION for Extension of Time to File Response as to #33 Amended Complaint, by Defendant CIMA Energy, L.P. (referred to Magistrate Judge Angel D. Mitchell) (Moderson, Matthew)
March 7, 2024 Filing 43 (STRICKEN Per Doc. 45 Order) Unopposed MOTION for Extension of Time to File Response as to #33 Amended Complaint, by Defendant CIMA Energy, L.P. (referred to Magistrate Judge Angel D. Mitchell) (Moderson, Matthew) Modified on 3/8/2024 (mls).
March 7, 2024 Filing 42 ENTRY OF APPEARANCE by Matthew D. Moderson on behalf of CIMA Energy, L.P.. (Moderson, Matthew)
March 6, 2024 Filing 41 ELECTRONIC FILING REGISTRATION FORM of Stephen B. Crain re motion for leave to appear pro hac vice #39 by Defendant Tenaska Marketing Ventures (Attachments: #1 ECF Registration Form)(Morris, Jeffrey)
March 6, 2024 Filing 40 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-6291735.) by Defendant Tenaska Marketing Ventures (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Morris, Jeffrey)
March 6, 2024 Filing 39 MOTION for attorney Stephen B. Crain to appear pro hac vice Motion For Leave to Appear Pro Hac Vice - Stephen B. Crain ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6291719.) by Defendant Tenaska Marketing Ventures (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit)(Morris, Jeffrey)
March 1, 2024 Opinion or Order Filing 38 ORDER granting #36 Macquarie Energy LLC's Unopposed Motion to Hold in Abeyance the Due Date for Defendant's Response to the Complaint. 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 3/1/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
March 1, 2024 Opinion or Order Filing 37 ORDER granting #35 Southwest Energy L.P.'s Unopposed Motion to Extend Time to Respond to Amended Complaint. 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 3/1/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
February 29, 2024 Filing 36 Unopposed MOTION for Order to Hold in Abeyance the Due Date for Defendant's Response to the Complaint by Defendant Macquarie Energy, LLC (referred to Magistrate Judge Angel D. Mitchell) (McAllister, Stephen)
February 29, 2024 Filing 35 Unopposed MOTION for Extension of Time to File Answer to Plaintiffs' Amended Complaint by Defendant Southwest Energy, L.P. (referred to Magistrate Judge Angel D. Mitchell) (Jones, Casey)
February 28, 2024 Filing 34 ENTRY OF APPEARANCE by Jeffrey D. Morris on behalf of Tenaska Marketing Ventures. (Morris, Jeffrey)
February 28, 2024 SUMMONS ISSUED as to Concord Energy, LLC, NextEra Energy Marketing, LLC, Williams Energy Resources, 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) (jk)
February 28, 2024 SUMMONS ISSUED as to Spotlight 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) (jk)
February 27, 2024 Filing 33 AMENDED COMPLAINT (Class-Action) against CIMA Energy, L.P., Concord Energy, LLC, Macquarie Energy, LLC, NextEra Energy Marketing, LLC, Southwest Energy, L.P., Spotlight Energy, LLC, Tenaska Marketing Ventures, Williams Energy Resources, LLC, filed by Usha Rafferty, Gerald Smith, Maria Rice.(Fowler, Jay)
February 26, 2024 Filing 32 NOTICE OF VOLUNTARY DISMISSAL by All Plaintiffs of Defendant Symmetry Energy Solutions, LLC (Fowler, Jay)
February 26, 2024 Opinion or Order Filing 31 ORDER granting #30 Plaintiffs' Motion for Leave to Amend Complaint. Given the nature of the proposed amendment, the liberal standards governing leave to amend, and the early stage of the case, granting leave to amend is warranted and doing so promptly furthers the just, speedy, and inexpensive determination of this action. See Fed. Rule Civ. P. 1. Accordingly, plaintiffs are ordered to file their proposed First Amended Class-Action Complaint within two business days and promptly proceed with serving the new defendants. All deadlines to file motions to dismiss are held in abeyance until the court issues a ruling on the matter of consolidation. Any defendant may file, if it wishes to do so, a motion to extend its answer deadline to align it with the motion-to-dismiss deadline. Any defendant that has not yet appeared in this case may file a response to the court's Show Cause Order on the issue of consolidation (ECF 8) 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. Signed by Magistrate Judge Angel D. Mitchell on 2/26/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
February 26, 2024 Filing 30 MOTION to Amend Complaint re #3 Complaint (attorney) by Plaintiffs Usha Rafferty, Maria Rice, Gerald Smith (referred to Magistrate Judge Angel D. Mitchell) (Fowler, Jay)
February 12, 2024 Opinion or Order Filing 29 ORDER granting #26 Motion to Appear Pro Hac Vice of Sean Gorman for Southwest Energy, L.P. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 2/12/2024. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
February 12, 2024 Opinion or Order Filing 28 ORDER granting #25 Motion to Appear Pro Hac Vice of Kyle Alden Mason for Southwest Energy, L.P. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 2/12/2024. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
February 12, 2024 Opinion or Order Filing 27 ORDER granting #24 Motion to Appear Pro Hac Vice of Andrew Zeve for Southwest Energy, L.P. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 2/12/2024. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
February 12, 2024 Filing 26 MOTION for attorney Sean Gorman to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6271787.) by Defendant Southwest Energy, L.P. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Sean Gorman, #2 ECF Registration Form Sean Gorman)(Jones, Casey)
February 12, 2024 Filing 25 MOTION for attorney Kyle Mason to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6271785.) by Defendant Southwest Energy, L.P. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Kyle Mason, #2 ECF Registration Form Kyle Mason)(Jones, Casey)
February 12, 2024 Filing 24 MOTION for attorney Andrew Zeve to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6271776.) by Defendant Southwest Energy, L.P. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Andrew Zeve, #2 ECF Registration Form Andrew Zeve)(Jones, Casey)
February 8, 2024 Filing 23 RESPONSE re #8 Order to Show Cause,,, by Defendant Southwest Energy, L.P.(Jones, Casey)
February 8, 2024 Filing 22 RESPONSE to #8 Order to Show Cause,,, by Plaintiffs Usha Rafferty, Maria Rice, Gerald Smith. (Fowler, Jay)
February 2, 2024 Filing 21 STATEMENT re #8 Order to Show Cause,,, by Defendant Symmetry Energy Solutions, LLC. (Ennis, Andrew)
February 2, 2024 Opinion or Order Filing 20 ORDER granting #19 Symmetry Energy Solutions, LLC's Unopposed Motion to Extend Time to Respond to Complaint. 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 2/2/2024. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
February 1, 2024 Filing 19 Unopposed MOTION for Extension of Time to File Answer by Defendant Symmetry Energy Solutions, LLC (referred to Magistrate Judge Angel D. Mitchell) (Ennis, Andrew)
January 29, 2024 Opinion or Order Filing 18 ORDER denying as moot #16 Defendant Symmetry Energy Solutions, LLC's Unopposed Motion to Extend Time to Respond to Plaintiff's Motion for Expedited Discovery. The underlying motion seeking expedited discovery (ECF 2) was informally resolved by the parties and subsequently denied by the court (ECF 17). Signed by Magistrate Judge Angel D. Mitchell on 1/29/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
January 29, 2024 Opinion or Order Filing 17 ORDER denying #2 Motion for Expedited Discovery. The motion is denied for failure to comply with D. Kan. Rule 37.1 and because, in any event, it appears moot in light of the parties' agreement reported in Symmetry Energy Solutions, LLC's Unopposed Motion to Extend Time to Respond to Plaintiff's Motion for Expedited Discovery (ECF 16). Signed by Magistrate Judge Angel D. Mitchell on 1/29/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
January 26, 2024 Filing 16 UNOPPOSED MOTION to Extend Time to Respond to #2 Motion for Expedited Discovery Defendant Symmetry Energy Solutions, LLC. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Ennis, Andrew)
January 26, 2024 Opinion or Order Filing 15 ORDER regarding #13 Joint Stipulation and Proposed Order. The court has observed an inappropriate filing practice developing in this case, as well as in related cases: that of the parties filing stipulated agreements "subject to the court's approval." Such filings are not procedurally appropriate. If the parties seek any action from the court, they must file a motion. To date, upon receipt of such "stipulations" requesting court approval, the court has taken the unusual step of directing the clerk's office to change the stipulation to a motion on the parties' behalf. But this practice places an unnecessary additional burden on the court. Therefore, beginning now and going forward, the parties must file a motion if and when they request any court action (including approval of agreements). Signed by Magistrate Judge Angel D. Mitchell on 1/26/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(amh)
January 26, 2024 Filing 14 ENTRY OF APPEARANCE by Andrew J. Ennis on behalf of Symmetry Energy Solutions, LLC. (Ennis, Andrew)
January 26, 2024 Filing 13 STIPULATION re #2 MOTION for Expedited Discovery by Symmetry Energy Solutions, LLC. (Ennis, Andrew)
January 26, 2024 Filing 12 ENTRY OF APPEARANCE by Brian L. White on behalf of Southwest Energy, L.P. (White, Brian)
January 26, 2024 Opinion or Order Filing 11 ORDER granting #10 the parties' joint motion to extend Southwest Energy L.P.'s 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 1/26/2024. (jsh)
January 26, 2024 Filing 10 MOTION for Order re STIPULATION AND and [Proposed] Order Regarding Defendant Southwest Energy L.P.'s Response to Amended Complaint by Southwest Energy, L.P. (Jones, Casey) Modified event type per ADM chambers and docket text on 1/26/2024. (jsh)
January 26, 2024 Filing 9 ENTRY OF APPEARANCE by Casey L. Jones on behalf of Southwest Energy, L.P. (Jones, Casey)
January 23, 2024 Opinion or Order Filing 8 ORDER TO SHOW CAUSE. On January 10, 2024, the case captioned Rice v. Southwest Energy, L.P. was filed. The court invites any party that wishes to be heard on the issue of consolidating Rice with any or all of the related cases, to file a response to this third order to show cause. Parties that have entered an appearance in any of the above-captioned cases must file their response (if any) by 2/8/2024. Parties who have not yet appeared in any of the related cases must file their response (if any) 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. Reply briefs are not contemplated. Signed by Magistrate Judge Angel D. Mitchell on 1/23/2024. (ca)
January 17, 2024 Filing 7 SUMMONS RETURNED EXECUTED -- Personal Service by Maria Rice, Usha Rafferty, Gerald Smith upon Symmetry Energy Solutions, LLC served on 1/12/2024, answer due 2/2/2024. (Fowler, Jay)
January 17, 2024 Filing 6 SUMMONS RETURNED EXECUTED -- Personal Service by Maria Rice, Usha Rafferty, Gerald Smith upon Southwest Energy, L.P. served on 1/12/2024, answer due 2/2/2024. (Fowler, Jay)
January 11, 2024 Filing 5 MINUTE ORDER REASSIGNING CASE. Case reassigned to District Judge Daniel D. Crabtree and Magistrate Judge Angel D. Mitchell for all further proceedings. District Judge Toby Crouse and Magistrate Judge Gwynne E. Birzer no longer assigned to case. Signed by deputy clerk on 1/11/24. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao)
January 11, 2024 Filing 4 CIVIL COVER SHEET by Plaintiffs Usha Rafferty, Maria Rice, Gerald Smith. (Fowler, Jay)
January 11, 2024 Filing 3 CLASS-ACTION COMPLAINT with trial location of Wichita (Filing fee $405, Internet Payment Receipt Number AKSDC-6246235.), filed by Maria Rice, Usha Rafferty, Gerald Smith. (Fowler, Jay)
January 11, 2024 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Gwynne E. Birzer 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 (mam)
January 11, 2024 SUMMONS ISSUED as to Southwest Energy, L.P., Symmetry Energy Solutions, 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) (ca)
January 10, 2024 Filing 2 MOTION for Expedited Discovery by Plaintiffs Usha Rafferty, Maria Rice, Gerald Smith. (Fowler, Jay)
January 10, 2024 Filing 1 (DISREGARD, see #4 for the corrected filing.) -- CIVIL COVER SHEET by Plaintiffs Usha Rafferty, Maria Rice, Gerald Smith. (Fowler, Jay) Modified on 1/11/2024, document was not printed to PDF, appears blank. (mam)

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Search for this case: Rice et al v. Southwest Energy, L.P. et al
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Plaintiff: Maria Rice
Represented By: Jay F. Fowler
Represented By: James P. Zakoura
Represented By: Lee M. Smithyman
Represented By: Samuel J. Walenz
Represented By: Scott C. Nehrbass
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Plaintiff: Gerald Smith
Represented By: Jay F. Fowler
Represented By: James P. Zakoura
Represented By: Lee M. Smithyman
Represented By: Samuel J. Walenz
Represented By: Scott C. Nehrbass
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Plaintiff: Usha Rafferty
Represented By: Jay F. Fowler
Represented By: James P. Zakoura
Represented By: Lee M. Smithyman
Represented By: Samuel J. Walenz
Represented By: Scott C. Nehrbass
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Defendant: Southwest Energy, L.P.
Represented By: Andrew Zeve
Represented By: Brian L. White
Represented By: Casey L. Jones
Represented By: Kyle Alden Mason
Represented By: Sean Gorman
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Defendant: Symmetry Energy Solutions, LLC
Represented By: Andrew J. Ennis
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Defendant: John Does 1-5
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Defendant: NextEra Energy Marketing, LLC
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Defendant: Macquarie Energy, LLC
Represented By: Stephen R. McAllister
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Defendant: Spotlight Energy, LLC
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Defendant: Williams Energy Resources, LLC
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Defendant: CIMA Energy, L.P.
Represented By: Matthew D. Moderson
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Defendant: Tenaska Marketing Ventures
Represented By: Bradley J. Benoit
Represented By: Jeffrey D. Morris
Represented By: Stephen Burton Crain
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Defendant: Concord Energy, LLC
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