Rice et al v. Southwest Energy, L.P. et al
| Maria Rice, Gerald Smith and Usha Rafferty |
| 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 |
| 6:2024cv01005 |
| January 10, 2024 |
| US District Court for the District of Kansas |
| Daniel D Crabtree |
| Angel D Mitchell |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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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)
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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)
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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)
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| 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) |
| 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). |
| Filing 42 ENTRY OF APPEARANCE by Matthew D. Moderson on behalf of CIMA Energy, L.P.. (Moderson, Matthew) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| Filing 34 ENTRY OF APPEARANCE by Jeffrey D. Morris on behalf of Tenaska Marketing Ventures. (Morris, Jeffrey) |
| 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) |
| 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) |
| 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) |
| Filing 32 NOTICE OF VOLUNTARY DISMISSAL by All Plaintiffs of Defendant Symmetry Energy Solutions, LLC (Fowler, Jay) |
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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)
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| 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) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| Filing 23 RESPONSE re #8 Order to Show Cause,,, by Defendant Southwest Energy, L.P.(Jones, Casey) |
| Filing 22 RESPONSE to #8 Order to Show Cause,,, by Plaintiffs Usha Rafferty, Maria Rice, Gerald Smith. (Fowler, Jay) |
| Filing 21 STATEMENT re #8 Order to Show Cause,,, by Defendant Symmetry Energy Solutions, LLC. (Ennis, Andrew) |
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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)
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| 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) |
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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)
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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)
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| 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) |
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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)
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| Filing 14 ENTRY OF APPEARANCE by Andrew J. Ennis on behalf of Symmetry Energy Solutions, LLC. (Ennis, Andrew) |
| Filing 13 STIPULATION re #2 MOTION for Expedited Discovery by Symmetry Energy Solutions, LLC. (Ennis, Andrew) |
| Filing 12 ENTRY OF APPEARANCE by Brian L. White on behalf of Southwest Energy, L.P. (White, Brian) |
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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)
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| 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) |
| Filing 9 ENTRY OF APPEARANCE by Casey L. Jones on behalf of Southwest Energy, L.P. (Jones, Casey) |
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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)
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| 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) |
| 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) |
| 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) |
| Filing 4 CIVIL COVER SHEET by Plaintiffs Usha Rafferty, Maria Rice, Gerald Smith. (Fowler, Jay) |
| 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) |
| 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) |
| 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) |
| Filing 2 MOTION for Expedited Discovery by Plaintiffs Usha Rafferty, Maria Rice, Gerald Smith. (Fowler, Jay) |
| 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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