Clayton et al v. Heartland Resources, Inc. et al
Plaintiff: Frederick P. Clayton, Kent B. Monypeny, Beverly Ackert, K. E. Allen, Margaret Allen, Burton Arbuckle, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler, Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr., James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Henry Ehrlich, Kathleen Ehrlich, George R. Kempton Trust and Plaintiffs
Consolidated Plaintiff: Able Fence Co. Profit Sharing Plan, Mary Susan Arditi, Edward G. Adams, Bryan Boyd, Sherri Boyd, Dan Boyd, Martha Boyd, Kendall Caputo, Rose M. Andrek, Nancy Chew, Henry Peter Doble, Jr., Eric Ebeling, Jennifer Fremgen, Marietta Enterprises #2, LLC, Marietta Investments, LLC and The Thomas G. Marks Living Trust Dated
Case Number: 1:2008cv00094
Filed: July 3, 2008
Court: US District Court for the Western District of Kentucky
Office: Securities/Commodities Office
County: XX US, Outside State
Presiding Judge: E Robert Goebel
Referring Judge: Joseph H McKinley
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 20, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2012 Opinion or Order Filing 522 MANDATE of USCA as to #520 Notice (Other), #508 Notice of Appeal filed by Plaintiffs (MLG)
June 29, 2012 Opinion or Order Filing 521 Mail sent to D. Mark Haynes (DN #519 ) returned as undeliverable. (DN #519 forwarded to forwarding address on envelope.) (CDF)
June 28, 2012 Opinion or Order Filing 520 USCA Opinion affirming (MANDATE TO ISSUE) re #508 Notice of Appeal (Attachments: #1 Judgment, #2 cover letter) (CDF)
June 26, 2012 Opinion or Order Filing 519 ORDER REGARDING PLAINTIFFS' MOTION FOR RELEASE OF BONDS by Chief Judge Joseph H. McKinley, Jr. on 6/25/2012, re #518 . The Injunction Bond and the Receivership Bond shall be released and the funds remitted to counsel for the Plaintiffs and the Receiver respectively within 10 days of the entry of this Order. cc: Counsel, Finance (CDF)
May 31, 2012 Opinion or Order Filing 518 MOTION for Release of Bonds by Receiver William B. Blackmon, Plaintiff Plaintiffs Responses due by 6/24/2012 (Attachments: #1 Proposed Order) (Woodruff, Joseph)
May 25, 2012 Opinion or Order Filing 517 ORDER (Informational Copy Only) filed to consolidate for submission the following cases: 11-5782 & 11-5918. Oral Arguments will be a total of 30 minutes; 15 minutes to be shared by plaintiffs, 15 minutes for defendants. Entered by order of the court re #508 Notice of Appeal (Attachments: #1 Cover Letter) (TJD)
January 19, 2012 Opinion or Order Filing 516 JUDGMENT by Judge Joseph H. McKinley, Jr. IT IS HEREBY ORDERED that judgment be entered consistent with the Court's Orders in favor of Plaintiffs against all Defendants except Defendant Hunter Durham, and in favor of Defendant Hunter Durham against all Plaintiffs. cc: Counsel; Defendants, pro se (CDF)
January 19, 2012 Opinion or Order Filing 515 AGREED ORDER by Chief Judge Joseph H. McKinley, Jr. on 1/18/2012; HLC Properties LLC, successor in interest to all assets of Heartland Resources Inc. and Hydrocarbon Operating Company, Inc. hereby agree that they waive any interest they may have in the following leases and wells (see Order) located thereon and acknowledges the ownership of same in United Well Completion, Inc. Parties further agree that the Complaint by United Well Completion, Inc. is DISMISSED. cc: Counsel; Defendants, pro se (CDF)
January 18, 2012 Opinion or Order Filing 514 AMENDED DOCUMENT by Heartland Resources, Inc., Hydrocarbon Operating Company, Inc., United Well Completion Inc.. Amendment to #513 Proposed Agreed Order/Stipulation by Heartland Resources, Inc., Hydrocarbon Operating Company, Inc., United Well Completion Inc.. (Howard, David)
January 17, 2012 Opinion or Order Filing 513 Proposed Agreed Order/Stipulation by Heartland Resources Inc., Hydrocarbon Company, Inc., United Well Completion Inc.. (Howard, David) Modified to add filers on 1/18/2012 (CDF).
August 24, 2011 Opinion or Order Filing 512 ORDER by Magistrate Judge E. Robert Goebel on 8/23/2011 granting #511 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Attorney Barton Darrell be allowed to withdraw as co-counsel for defendants, and that his name be deleted from the Court's and counsel's certificate of service. cc:counsel (PHB)
August 18, 2011 Opinion or Order Filing 511 MOTION to Withdraw as Attorney. (Continue to receive notice:No)by Defendant Hunter Durham Responses due by 9/6/2011 (Attachments: #1 Proposed Order order granting motion to withdraw as counsel) (Darrell, Barton)
August 16, 2011 Opinion or Order Filing 510 NOTICE of Appearance by Timothy L. Edelen on behalf of Hunter Durham (Edelen, Timothy)
August 11, 2011 Opinion or Order Filing 509 NOTICE of Filing by United Well Completion Inc. (Attachments: #1 Email, #2 Agreed Order) (Howard, David)
July 26, 2011 Opinion or Order Filing 508 NOTICE OF APPEAL by Plaintiffs, re #506 Memorandum Opinion and Order. Filing fee $ 455, receipt number 0644-1266653. (Woodruff, Joseph) Modified to create link and add text on 7/27/2011 (CDF).
July 1, 2011 Opinion or Order Filing 507 Mail Returned as Undeliverable. Mail, DN. #506 , sent to David A. Stewart (PHB)
June 27, 2011 Opinion or Order Filing 506 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 6/24/2011. For the reasons set forth, IT IS HEREBY ORDERED that Defendant Hunter Durham's Motion for Summary Judgment as to all Plaintiffs #463 , Against Plaintiff Frederick P. Clayton #464 , and Against Kent B. Monypeny #465 are GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Motion for Certification of a Legal Issue to the Kentucky Supreme Court #482 is DENIED. cc: Counsel (CDF)
April 6, 2011 Opinion or Order Filing 505 DECLARATION IN SUPPORT OF PLAINTIFFS' MOTION TO CERTIFY ISSUE OF LAW TO THE KENTUCKY SUPREME COURT re #482 ALTERNATIVE MOTION for Certification of Legal Issue to the Kentucky Supreme Court re #463 MOTION for Summary Judgment As to All Plaintiffs by Commonwealth of Kentucky Department of Financial Institutions. (Woodruff, Joseph) Modified text on 4/7/2011 (CDF).
April 6, 2011 Opinion or Order Filing 504 REPLY to Response to Motion re #482 ALTERNATIVE MOTION for Certification of Legal Issue to the Kentucky Supreme Court re #463 MOTION for Summary Judgment As to All Plaintiffs filed by Plaintiffs. (Woodruff, Joseph) Modified event text and text on 4/7/2011 (CDF).
March 24, 2011 Opinion or Order Filing 503 ORDER GRANTING MOTION FOR ATTORNEY'S FEES AND EXPENSES by Magistrate Judge E. Robert Goebel on 3/24/2011 re #479 Receiver's Motion for Attorney Fees and Expenses. IT IS FURTHER ORDERED that the Receiver's Report filed 2/18/2011 #478 is APPROVED. cc: Counsel, pro se Defendants, PH (CDF)
March 24, 2011 Opinion or Order Filing 502 ORDER by Judge Joseph H. McKinley, Jr. on 3/24/2011 adopting the #491 Amended Report and Recommendation submitted by the United States Magistrate Judge. IT IS THEREFORE ORDERED that the Court approves the auction sale of the receivership assets to HLC Properties, LLC, pursuant to the terms of the purchase and sale agreement in the record (DN #486 ). IT IS FURTHER ORDERED that the Receiver's conveyance of the assets to HLC Properties, LLC will be subject to United's claims. cc: Counsel, pro se Defendants, Magistrate Judge Goebel (CDF) Modified distribution on 3/24/2011 (CDF).
March 24, 2011 Opinion or Order Filing 501 REPLY to Response to Motion re #465 MOTION for Summary Judgment against Plaintiff Kent B. Monypeny, #464 MOTION for Summary Judgment against Plaintiff Frederick P. Clayton, Jr. filed by Hunter Durham. (Nieters, Steven) Modified event text and removed link on 3/25/2011 (CDF).
March 24, 2011 Opinion or Order Filing 500 REPLY to Response to Motion re #463 MOTION for Summary Judgment As to All Plaintiffs filed by Hunter Durham. (Nieters, Steven) Modified event text and removed link on 3/25/2011 (CDF).
March 22, 2011 Opinion or Order Filing 499 ORDER granting #497 Joint Motion for Extension of Time to File Response/Reply signed by Judge Joseph H. McKinley, Jr., on 3/21/11. Reply due 4/6/11. cc:counsel, pro se defendants (LAM) Modified on 3/22/2011 to add parties to cc: (LAM).
March 22, 2011 Opinion or Order Filing 498 ORDER granting #493 Joint Motion for Extension of Time to File Response/Reply signed by Judge Joseph H. McKinley, Jr., on 3/21/11. Replies due March 24, 2011. cc:counsel, pro se defendants (LAM) Modified on 3/22/2011 to add parties to cc: (LAM).
March 15, 2011 Opinion or Order Filing 497 Joint MOTION for Extension of Time to File Response/Reply as to #482 ALTERNATIVE MOTION for Certification of Legal Issue to the Kentucky Supreme Court re #463 MOTION for Summary Judgment As to All Plaintiffs ALTERNATIVE MOTION for Certification of Legal Issue to the Kentucky Supreme Court re #463 MOTION for Summary Judgment As to All Plaintiffs by Defendant Hunter Durham, Plaintiff Plaintiffs Responses due by 3/25/2011 (Attachments: #1 Proposed Order) (Woodruff, Joseph)
March 11, 2011 Opinion or Order Response to #495 Notice of Deficiency filed by Hunter Durham. (PHB)
March 10, 2011 Opinion or Order Filing 496 Proposed Order Denying Plaintiffs' Motion to Certify Legal Issue to Kentucky Supreme Court re #492 Response to Motion, by Hunter Durham. (Nieters, Steven)
March 10, 2011 Opinion or Order Filing 495 NOTICE of Deficiency re #492 Response to Motion: failure to comply will be brought to the attention of the Court. Response due by 3/21/2011. (CDF)
March 9, 2011 Opinion or Order Filing 494 ORDER GRANTING MOTION TO STRIKE AND SUBSTITUTE EXHIBIT D TO RECEIVER'S NOTICE OF FILING AUCTION REPORT #486 by Magistrate Judge E. Robert Goebel on 3/9/2011 granting #490 Motion to Strike and Substitute. cc: Counsel, PH (CDF)
March 9, 2011 Opinion or Order Filing 493 Joint MOTION for Extension of Time to File Response/Reply as to #465 MOTION for Summary Judgment against Plaintiff Kent B. Monypeny, #480 Response to Motion, #464 MOTION for Summary Judgment against Plaintiff Frederick P. Clayton, Jr., #481 Response to Motion, #463 MOTION for Summary Judgment As to All Plaintiffs by Plaintiffs, Defendant Hunter Durham Responses due by 3/21/2011 (Attachments: #1 Proposed Order granting Joint Motion for Extension of Time) (Nieters, Steven) Modified to add Plaintiffs as filer on 3/10/2011 (CDF).
March 9, 2011 Opinion or Order Filing 492 RESPONSE to Motion re #482 ALTERNATIVE MOTION for Certification of Legal Issue to the Kentucky Supreme Court re #463 MOTION for Summary Judgment As to All Plaintiffs ALTERNATIVE MOTION for Certification of Legal Issue to the Kentucky Supreme Court re #463 MOTION for Summary Judgment As to All Plaintiffs filed by Hunter Durham. Replies due by 3/28/2011. (Bulso, Eugene) (Additional attachment(s) added on 3/11/2011: #1 Proposed Order) (PHB).
March 2, 2011 Opinion or Order Filing 491 AMENDED REPORT AND RECOMMENDATIONS by Magistrate Judge E. Robert Goebel on 3/2/2011; re #488 REPORT AND RECOMMENDATIONS by Magistrate Judge E. Robert Goebel on 2/24/2011. This report and recommendation is a revision to the original report to more accurately reflect the agreement that the parties have reached regarding the approval of the sale of assets to HCL Properties. The magistrate judge recommends that the Court approve the auction sale of the assets to HCL Properties. Objections due by 3/21/2011. (Attachments: #1 Proposed Order (objection), #2 Proposed Order (no objection))cc:counsel (PHB)
March 1, 2011 Opinion or Order Filing 490 MOTION to Strike and Subtitute #486 Notice (Other), Notice (Other). Document or Part to Stricken and/or Substituted: Exhibit D - Non-Recourse Promissory Noteby Receiver William B. Blackmon Responses due by 3/21/2011 (Attachments: #1 Exhibit D - Non-Recourse Promissory Note, #2 Proposed Order Granting Receiver's Motion to Strike and Substitute Exhibit D to Receiver's Notice of Filing Auction Report) (Vitale, Michael)
February 28, 2011 Opinion or Order Filing 489 AMENDED ORDER by Magistrate Judge E. Robert Goebel on 2/24/2011; re #477 Order on Motion for Extension of Time to File Response/Reply. The Court hereby extends the deadline for Plaintiffs' response to the Motion for Summary Judgment to 2/21/2011. The extension will not prejudice any party in this lawsuit. cc:counsel (PHB)
February 28, 2011 Opinion or Order Filing 488 REPORT AND RECOMMENDATIONS by Magistrate Judge E. Robert Goebel on 2/24/2011; The magistrate judge RECOMMENDS that the Court APPROVE the auction sale of the assets to HLC Properties. Objections due by 3/17/2011. (Attachments: #1 Proposed Order no objection, #2 Proposed Order objection)cc:counsel (PHB)
February 24, 2011 Opinion or Order Filing 487 ORDER GRANTING MOTION FOR ATTORNEY'S FEES AND EXPENSES by Magistrate Judge E. Robert Goebel on 2/20/2011 granting #473 Receiver's Motion for Attorney's Fees and Expenses incurred through 12/31/2010. IT IS FURTHER ORDERED that the Receiver's Report filed on 1/25/2011 #473 #472 is APPROVED. cc: Counsel, pro se Defendants, PH (CDF)
February 23, 2011 Opinion or Order Proceedings held before Magistrate Judge E. Robert Goebel: Hearing to confirm sale held on 2/23/2011. (MLG)
February 23, 2011 Opinion or Order Filing 486 NOTICE OF FILING AUCTION REPORT by William B. Blackmon (Attachments: #1 Auction Report, #2 Exhibit A - Purchase and Sales Agreement, #3 Exhibit A - Partnerships and Heartland Entities, #4 Exhibit B - Partnership Interests and O&G Interests, #5 Exhibit C - Joint Operating Agreement, #6 Exhibit D - Non-Recourse Promissory Note) (Vitale, Michael) (Attachment 6 removed and replaced on 3/9/2011 pursuant to #494 Order striking and substituting) (CDF). Modified on 3/9/2011 to clarify modification (CDF).
February 22, 2011 Opinion or Order Filing 485 Proposed Order re #481 Response to Motion, by Plaintiffs. (Woodruff, Joseph)
February 22, 2011 Opinion or Order Filing 484 Proposed Order re #482 ALTERNATIVE MOTION for Certification of Legal Issue to the Kentucky Supreme Court re #463 MOTION for Summary Judgment As to All Plaintiffs by Plaintiffs. (Woodruff, Joseph)
February 22, 2011 Opinion or Order Filing 483 Objection to Sale re #475 Order Approving Modified Terms of Receiver's Sale of the Assets, filed by United Well Completion Inc.. (Howard, David) Modified to add/edit text on 2/23/2011 (CDF).
February 21, 2011 Opinion or Order Filing 482 ALTERNATIVE MOTION for Certification of Legal Issue to the Kentucky Supreme Court by PlaintiffS, re #463 MOTION for Summary Judgment. Responses due by 3/17/2011. (Document also filed as a Response to Motion at DN #481 .) (CDF) (Additional attachment(s) added on 2/23/2011: #1 Proposed Order) (CDF).
February 21, 2011 Opinion or Order Filing 481 RESPONSE to Motion re #463 MOTION for Summary Judgment As to All Plaintiffs and Alternative Motion for Certification of Legal Issue to Kentucky Supreme Court filed by Plaintiffs. Replies due by 3/10/2011. (Woodruff, Joseph) (SEE Alternative Motion for Certification of Legal Issue filed at DN #482 - Modified text on 2/22/2011 (CDF). (Additional attachment(s) added on 2/23/2011: #1 Proposed Order) (CDF).
February 21, 2011 Opinion or Order Filing 480 RESPONSE to Motion re #465 MOTION for Summary Judgment against Plaintiff Kent B. Monypeny, #464 MOTION for Summary Judgment against Plaintiff Frederick P. Clayton, Jr. filed by Frederick P. Clayton, Kent B. Monypeny. Replies due by 3/10/2011. (Attachments: #1 Exhibit 1 Law Review Article, #2 Exhibit 2 Law Review Article, #3 Proposed Order) (Woodruff, Joseph)
February 18, 2011 Opinion or Order Filing 479 MOTION for Attorney Fees and Expenses by Receiver William B. Blackmon Responses due by 3/14/2011 (Attachments: #1 Receiver's Report dated January 31, 2011, #2 Proposed Order Granting Motion for Attorney's Fees and Expenses) (Vitale, Michael)
February 18, 2011 Opinion or Order Filing 478 NOTICE OF FILING by William B. Blackmon (Attachments: #1 Receiver's Report dated January 31, 2011) (Vitale, Michael)
February 18, 2011 Opinion or Order Filing 477 ORDER by Magistrate Judge E. Robert Goebel on 2/17/2011 granting #476 Joint Motion for Extension of Time to File Response/Reply. The Court hereby extends the deadline for Plaintiffs' responses to the Motions for Summary Judgment filed by Hunter Durham #463 #465 to 2/21/2011. cc: Counsel, Defendants pro se, PH (CDF)
February 16, 2011 Opinion or Order Filing 476 Joint MOTION for Extension of Time to File Response/Reply as to #465 MOTION for Summary Judgment against Plaintiff Kent B. Monypeny, #464 MOTION for Summary Judgment against Plaintiff Frederick P. Clayton, Jr., #463 MOTION for Summary Judgment As to All Plaintiffs by Defendant Hunter Durham, Plaintiff Plaintiffs Responses due by 2/28/2011 (Attachments: #1 Proposed Order) (Woodruff, Joseph)
February 15, 2011 Opinion or Order Filing 475 ORDER APPROVING MODIFIED TERMS OF RECEIVER'S SALE OF THE ASSETS by Magistrate Judge E. Robert Goebel. Matter came before the Court on 2/9/2011. Receiver shall proceed with the Auction. Auction shall occur at 10:00 a.m. CST on 2/22/2011 at the main entrance to the Federal Courthouse located at 241 East Main Street, Bowling Green, Kentucky 42101. Objections to the Receiver Sale shall be filed with the Court and served upon the parties by 2/22/2011 at 5:00 p.m. CST. A hearing to confirm any sale conducted at the Auction is scheduled for 2/23/2011 01:30 PM in Bowling Green Courtroom before Magistrate Judge E. Robert Goebel. cc: Counsel, pro se Defendants, PH (CDF)
February 14, 2011 Opinion or Order Filing 474 Proposed Order Approving Modified Terms of Receiver's Sale of The Assets by Frederick P. Clayton. (Cochran, Ryan)
January 25, 2011 Opinion or Order Filing 473 MOTION for Attorney Fees and Expenses by Receiver William B. Blackmon Responses due by 2/18/2011 (Attachments: #1 Receiver's Reports, #2 Proposed Order Granting Motion for Attorney's Fees and Expenses) (Vitale, Michael)
January 25, 2011 Opinion or Order Filing 472 NOTICE OF FILING by William B. Blackmon (Attachments: #1 Receiver's reports from October 31, 2010 - December 31, 2010) (Vitale, Michael)
January 19, 2011 Opinion or Order Filing 471 ORDER by Judge Joseph H. McKinley, Jr on 1/19/2011 dismissing as moot #432 Motion to Exclude. cc:counsel (PHB)
January 19, 2011 Opinion or Order Filing 470 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr on 1/19/2011 granting #443 Motion to Dismiss Intervening Complaint. The Court agrees and dismisses the intervening complaint against Mr. Durham. cc:counsel (PHB)
January 7, 2011 Opinion or Order Filing 469 ORDER by Magistrate Judge E. Robert Goebel on 1/7/2011 granting #468 Joint Motion to Amend Court Order. No later than 2/18/2011, Plaintiffs shall file their responses to the pending motions for summary judgment filed by Defendant Durham (Docket entries #463 , #464 , and #465 ). cc: Counsel, PH (CDF)
January 6, 2011 Opinion or Order Filing 468 Joint MOTION to Amend/Correct #461 Telephone Conference, Court Order by Defendant Hunter Durham, Plaintiff Plaintiffs Responses due by 1/31/2011 (Attachments: #1 Proposed Order) (Woodruff, Joseph)
December 30, 2010 Opinion or Order Filing 467 ORDER EBOC by Magistrate Judge E. Robert Goebel on 12/30/2010; Approval of Sale Hearing scheduled for January 5, 2011, remanded from docket and Rescheduled for for 2/9/2011 10:00 AM in Bowling Green Courtroom before Magistrate Judge E. Robert Goebel.cc:counsel, Pat Harralson (KL)
December 22, 2010 Opinion or Order Filing 466 ORDER GRANTING MOTION FOR ATTORNEY'S FEES AND EXPENSES by Magistrate Judge E. Robert Goebel on 12/21/2010 granting #442 Receiver's Motion for Attorney Fees and expenses incurred through 9/30/2010. IT IS FURTHER ORDERED that the Receiver's Report filed 10/19/2010 #441 is APPROVED. cc: Counsel, pro se Defendants, PH (CDF) Modified distribution on 12/22/2010 (CDF).
December 20, 2010 Opinion or Order Filing 465 MOTION for Summary Judgment against Plaintiff Kent B. Monypeny by Defendant Hunter Durham Responses due by 1/13/2011 (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Bulso, Eugene)
December 20, 2010 Opinion or Order Filing 464 MOTION for Summary Judgment against Plaintiff Frederick P. Clayton, Jr. by Defendant Hunter Durham Responses due by 1/13/2011 (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Bulso, Eugene)
December 20, 2010 Opinion or Order Filing 463 MOTION for Summary Judgment As to All Plaintiffs by Defendant Hunter Durham Responses due by 1/13/2011 (Attachments: #1 Proposed Order) (Bulso, Eugene)
December 17, 2010 Opinion or Order Filing 462 Objection to Sale re #456 Notice of Sale of the Collateral, filed by United Well Completion Inc.. (Howard, David) Modified text on 12/20/2010 (CDF).
December 6, 2010 Opinion or Order Filing 461 ORDER for proceedings held before Magistrate Judge E. Robert Goebel: Telephone Conference held on 12/3/2010. IT IS HEREBY ORDERED no later than 12/27/2010, counsel for Defendant Hunter Durham shall file his dispositive motion. Responses shall be due no later than 28 days following receipt of the dispositive motion. Replies due pursuant to Local Rules. cc: Counsel, pro se Defendants, PH (CDF)
December 2, 2010 Opinion or Order Filing 460 AGREED ORDER STAYING TIME TO SERVE PLEADINGS RESPONSIVE TO THE INTERVENING COMPLAINT by Magistrate Judge E. Robert Goebel on 12/1/2010, re #435 Intervenor Complaint filed by United Well Completion Inc. Time to serve a pleading responsive to the Intervening Complaint is stayed. Should the parties not resolve the claims within a reasonable time period, not to exceed ninety (90) days, notice shall be filed.cc: Counsel, PH (TJD)
December 1, 2010 Opinion or Order Filing 459 ORDER by Magistrate Judge E. Robert Goebel on 11/30/2010; Telephonic Status Conference between counsel for Plaintiffs and counsel for Defendant Hunter Durham set for 12/3/2010 01:30 PM before Magistrate Judge E. Robert Goebel.cc: Counsel, pro se Defendants, PH (CDF)
November 30, 2010 Opinion or Order Filing 458 ORDER ESTABLISHING PROCEDURES TO SELL THE ASSETS AND SETTING HEARING TO CONFIRM THE SALE OF THE ASSETS by Judge Joseph H. McKinley, Jr. on 11/29/2010, re #457 Order. IT IS, THEREFORE, ORDERED that the Sale Procedures Motion #421 is granted and the Stalking Horse Agreement, as may be amended subject to the terms hereof, is hereby approved. IT IS FURTHER ORDERED that the Receiver shall sell the Assets at public sale in accordance with the following procedures (see Order). The Auction shall occur at 10:00 a.m. CDT on 12/21/2010 at the main entrance to the Federal Courthouse located at 241 East Main Avenue, Bowling Green, Kentucky. The Court shall conduct a hearing to consider the results of the Auction and to approve entry of the Sale Approval Order on 1/5/2011 10:00 AM. The day following conclusion of the Auction, the Receiver shall file with the Court and serve, via email or facsimile, on all parties submitting a bid at the Auction, copies of report and revised proposed form of order approving sale. cc: Counsel, pro se Defendants, KL, PH (CDF)
November 30, 2010 Opinion or Order Filing 457 ORDER by Judge Joseph H. McKinley, Jr. on 11/29/2010 adopting #450 Findings of Fact, Conclusions of Law and Recommendation. IT IS HEREBY ORDERED that the Receiver's expedited motion for approval of procedures to sell the assets and to set hearings #421 is GRANTED. IT IS FURTHER ORDERED that the procedures for selling the assets and setting a hearing to confirm the sale of the assets shall be set forth in a separate order. cc: Counsel, pro se Defendants (CDF)
November 22, 2010 Opinion or Order Filing 456 NOTICE OF SALE OF THE COLLATERAL by William B. Blackmon (Attachments: #1 Certificate of Service, #2 Mailing Matrix) (Vitale, Michael)
November 18, 2010 Opinion or Order Filing 455 ORDER by Judge Joseph H. McKinley, Jr. on 11/17/2010 granting #276 Plaintiffs' Motion for Leave to Exceed Page Limitation in Responses in Opposition to Defendant Hunter Durham's Motions for Summary Judgment. cc: Counsel, pro se Defendants (CDF)
November 17, 2010 Opinion or Order Filing 454 REPLY to Response to Motion re #443 MOTION to Dismiss Intervening Complaint and in response to Opposition Memorandum [Dkt. 446-1] filed by Hunter Durham. (Nieters, Steven) Modified to edit event text on 11/18/2010 (CDF).
November 16, 2010 Opinion or Order Filing 453 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. For the reasons set forth, IT IS HEREBY ORDERED that the Plaintiffs' motions to exceed page limit on their memorandum #266 and their reply #399 and Defendant's motion to exceed page limit on his response #289 are GRANTED. IT IS FURTHER ORDERED that the motion by Plaintiffs for partial summary judgment #269 is DENIED. FURTHER that the joint motion by both parties for oral argument #287 is DENIED. FURTHER that all Plaintiffs' claims based on investments in the Crescent Thunder #1, #2, and #3 and Oklahoma State #1, #2, and #3 are dismissed. cc: Counsel, Defendants (CDF)
November 16, 2010 Opinion or Order Filing 452 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 11/16/2010. For the reasons set forth, IT IS HEREBY ORDERED that the motion by Hunter Durham for summary judgment against all Plaintiffs based on an election of remedies theory #258 is DENIED. IT IS FURTHER ORDERED that the motion for oral argument #245 is DENIED. Further that the motion for summary judgment against George Wolff and GDWP LLC #240 is GRANTED. The motion for summary judgment against Peter and Nancy Keim #243 is GRANTED. The motion for summary judgment against William R. Siefring Trust #244 is GRANTED. The motion for summary judgment against B.L. Lanier & Associates, B.L. Lanier Fruit Company, Sara T. Lanier Irrevocable Trust and Bobby Lanier #247 is GRANTED. The motion for summary judgment against Thomas G. Marks Living Trust #248 is GRANTED. The motion for summary judgment against Ken and Anita Brown #249 is GRANTED. The motion for summary judgment against Dan and Martha Boyd and Able Fence Company #252 is GRANTED. The motion for summary judgment against Cassidy Hurst and Millennium Realty LLC #253 is GRANTED. cc: Counsel, Defendants (CDF)
November 8, 2010 Opinion or Order Filing 451 Proposed Agreed Order/Stipulation Staying Time To Serve Pleadings Responsive to the Intervening Complaint by William B. Blackmon, Plaintiffs, United Well Completion Inc.. (Vitale, Michael)
November 4, 2010 Opinion or Order Filing 450 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION by Magistrate Judge E. Robert Goebel on 11/4/2010 re #421 Expedited MOTION for Approval of Procedures to Sell the Assets and to Set Hearings filed by William B. Blackmon. The undersigned recommends that the Court grant the Receiver's expedited motion for approval of procedures to sell the assets and to set hearings #421 . The undersigned also recommends that the Court utilize the proposed order submitted by the Plaintiffs on 11/3/2010 #449 . Objections due by 11/22/2010. (Attachments: #1 Proposed Order (objections), #2 Proposed Order (no objections)) cc: Counsel, pro se Defendants (CDF) Modified distribution on 11/4/2010 (CDF).
November 3, 2010 Opinion or Order Proceedings held before Magistrate Judge E. Robert Goebel: Court Hearing held on 11/3/2010. (CDF)
November 3, 2010 Opinion or Order Filing 449 NOTICE of Filing Order by Plaintiffs re #421 MOTION. (Attachments: #1 Proposed Order Order Establishing Procedures to Sell the Assets and Setting Hearing to Confirm the Sale of the Assets) (Cochran, Ryan) Modified filer and added link on 11/4/2010 (CDF).
November 2, 2010 Opinion or Order Filing 448 ANSWER to #435 Intervenor Complaint by David A. Stewart, D. Mark Haynes, Richard E. Stewart, Chris Stewart, Ruth Stewart. (CDF)
November 2, 2010 Opinion or Order Filing 447 NOTICE OF FILING AMENDED PROPOSED ORDER re #421 MOTION for Approval of Procedures to Sell the Assets and to Set Hearing, by William B. Blackmon. (Attachments: #1 Proposed Order Establishing Procedures to Sell the Assets and Setting Hearing to Confirm the Sale of the Assets) (Vitale, Michael) Modified to add link and text on 11/3/2010 (CDF).
November 1, 2010 Opinion or Order Filing 446 RESPONSE to Motion re #443 MOTION to Dismiss Intervening Complaint filed by United Well Completion Inc.. Replies due by 11/18/2010. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Howard, David)
October 29, 2010 Opinion or Order Filing 445 SURREPLY re #439 Order, Sur-Reply in Opposition to Hunter Durham's Motion for Summary Judgment #240 #242 filed by GDWP, LLC, George Wolff. (Woodruff, Joseph) Modified to add link and text on 11/1/2010 (CDF).
October 28, 2010 Opinion or Order Filing 444 ORDER GRANTING MOTION FOR ATTORNEY'S FEES AND EXPENSES by Magistrate Judge E. Robert Goebel on 10/27/2010 granting #419 Receiver's Motion for Attorney Fees. IT IS FURTHER ORDERED that the Receiver's Report filed on 9/3/2010 is approved. cc: Counsel, pro se Defendants, PH (CDF) Modified distribution on 10/28/2010 (CDF).
October 26, 2010 Opinion or Order Filing 443 MOTION to Dismiss Intervening Complaint (DN #435 ) by Defendant Hunter Durham Responses due by 11/19/2010 (Attachments: #1 Appendix Memorandum of Law in Support of Motion, #2 Appendix Proposed Order) (Bulso, Eugene) Modified to link to DN #435 on 10/27/2010 (CDF).
October 19, 2010 Opinion or Order Filing 442 MOTION for Attorney Fees and Expenses by Receiver William B. Blackmon Responses due by 11/12/2010 (Attachments: #1 Receiver's Report, #2 Proposed Order Granting Motion for Attorney's Fees and Expenses) (Vitale, Michael)
October 19, 2010 Opinion or Order Filing 441 NOTICE OF FILING by William B. Blackmon (Attachments: #1 Receiver's Report) (Vitale, Michael)
October 18, 2010 Opinion or Order Filing 440 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 10/18/2010. For the foregoing reasons, IT IS HEREBY ORDERED that #262 #263 Plaintiffs' Amended Motion for Attorneys' Fees against the Heartland Defendants should be GRANTED in the amount of $1,191,613.00. cc: Counsel; Defendants, pro se (CDF)
October 18, 2010 Opinion or Order Filing 439 ORDER by Judge Joseph H. McKinley, Jr on 10/18/2010; re #240 #242 MOTION for Summary Judgment, #279 Response to Motion, filed by George Wolff, GDWP, LLC, #403 Reply to Response to Motion filed by Hunter Durham. IT IS HEREBY ORDERED that the Plaintiffs file one surreply addressing this argument. The surreply is to be filed no later than (15) fifteen days from the date of entry of this order. cc:counsel (PHB)
October 18, 2010 Opinion or Order Filing 438 ORDER by Judge Joseph H. McKinley, Jr on 10/18/2010 granting #265 Motion to Dismiss. All unresolved claims by the Plaintiffs against the Heartland Defendants pending in this Court are hereby DISMISSED. cc:counsel (PHB)
October 18, 2010 Opinion or Order Filing 437 ORDER by Judge Joseph H. McKinley, Jr on 10/18/2010 granting #270 Motion to Amend. The Court AMENDS the Judgment entered March 31, 2010 in favor of Scott E. Dicerkson, B. L. Lainer & Associates, B.L. Lanier Fruit Company, and the Sara T. Lanier Irrevocable Trust. cc:counsel (PHB)
October 13, 2010 Opinion or Order Response to #433 Notice of Deficiency, filed by United Well Completion Inc.. (PHB)
October 12, 2010 Opinion or Order Filing 436 NOTICE of Filing by United Well Completion Inc. re #432 MOTION to Exclude - to dismiss and/or declare void certain leases from the within proceeding, #433 Notice of Deficiency, (Attachments: #1 Proposed Order) (Howard, David)
October 8, 2010 Opinion or Order Filing 435 Intervenor COMPLAINT filed by United Well Completion Inc. (CSD)
October 6, 2010 Opinion or Order Filing 434 Order for proceedings held before Magistrate Judge E. Robert Goebel: Motion Hearing on Expediting Motion of Receiver for Approval of Procedures to Sell Assets and to Set Hearing(421) was held on 10/5/2010. IT IS HEREBY ORDERED that the Motion to intervene (430) is granted. Untied Well Completion, Inc. shall files its complaint with the Clerk of the Court no later than 10/8/2010. IT IS FURTHER ORDER that the Hearing on Expediting Motion of Receiver for Approval of Procedures to Sell Assets and to Set Hearing (421) shall RECONVENE in Bowling Green, Kentucky on 11/3/2010 at 10:30 AM before Magistrate Judge E. Robert Goebel. cc:counsel (PHB)
October 6, 2010 Opinion or Order Filing 433 NOTICE of Deficiency re #430 Motion to Intervene and #432 Motion to dismiss and/or declare void certain leases from the within proceeding: failure to comply, by tendering proposed orders, will be brought to the attention of the Court. Response due by 10/13/2010. (CDF)
October 4, 2010 Opinion or Order Filing 432 MOTION to dismiss and/or declare void certain leases from the within proceeding by Intervenor - Pending United Well Completion Inc. Responses due by 10/28/2010 (Attachments: #1 Exhibit A - Affidavits of non-production and non-payment of royalties, #2 Exhibit B - Oil and gas leases) (CDF) (Additional attachment(s) added on 10/13/2010: #3 Tendered Order) (PHB).
October 4, 2010 Opinion or Order Filing 431 OBJECTION ON BEHALF OF UNITED WELL COMPLETION INC./RESPONSE to #421 MOTION for Approval of Procedures to Sell the Assets and to Set Hearings, filed by United Well Completion Inc. ( Replies due by 10/21/2010.) (CDF)
October 4, 2010 Opinion or Order Filing 430 MOTION to Intervene by Intervenor - Pending United Well Completion Inc. Responses due by 10/28/2010 (CDF)
September 28, 2010 Opinion or Order Filing 429 ORDER Granting Leave to Record Judgment Against Non-Bankrupt Defendants by Judge Joseph H. McKinley, Jr. on 9/24/2010 granting #415 Motion for Leave to Record Judgment Against Non-Bankrupt Defendants (see Order for details). cc: Counsel; Defendants, pro se. (TJD)
September 23, 2010 Opinion or Order Filing 428 Mail Returned as Undeliverable #426 #427 . Mail sent to Thomas R. Noland. (CDF)
September 16, 2010 Opinion or Order Filing 427 ORDER by Magistrate Judge E. Robert Goebel on 9/15/2010 granting #425 Motion to Appear Pro Hac Vice as to Ryan K. Cochran. cc: Counsel; Defendants, pro se; PH (CDF)
September 16, 2010 Opinion or Order Filing 426 ORDER by Magistrate Judge E. Robert Goebel on 9/14/2010 granting #420 Motion to Appear Pro Hac Vice as to Katie G. Stenberg. cc: Counsel; Defendants, pro se; PH (CDF)
September 14, 2010 Opinion or Order Filing 425 MOTION for Ryan K. Cochran to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-1114692.by Plaintiff Plaintiffs Responses due by 10/8/2010 (Attachments: #1 Affidavit Affidavit of Ryan K. Cochran, #2 Proposed Order Proposed Order) (Woodruff, Joseph)
September 10, 2010 Opinion or Order Filing 424 NOTICE of Filing by GDWP, LLC, George Wolff re #279 Response to Motion, (Attachments: #1 Pages 19-20) (Woodruff, Joseph)
September 10, 2010 Opinion or Order Filing 423 NOTICE of Filing by William B. Blackmon re #421 MOTION Approval of Procedures to Sell the Assets and to Set Hearings (Attachments: #1 Exhibit B, Part 1 - Purchase and Sales Agreement) (Vitale, Michael)
September 10, 2010 Opinion or Order Filing 422 NOTICE of Hearing on Expedited Motion by William B. Blackmon re #421 MOTION Approval of Procedures to Sell the Assets and to Set Hearings (Vitale, Michael)
September 10, 2010 Opinion or Order Filing 421 MOTION Approval of Procedures to Sell the Assets and to Set Hearings by Receiver William B. Blackmon Responses due by 10/4/2010 (Attachments: #1 Exhibit 1 - Proposed Order Establishing Procedures to Sell the Assets and Setting Hearing to Confirm the Sale of the Assets, #2 Exhibit 2 - Proposed Form of Order Approving Receiver's Sale of the Assets, #3 Memorandum in Support of Expedited Motion of Receiver for Approval of Procedures to Sell the Assets and to Set Hearings, #4 Exhibit A - Declaration of William Blackmon, #5 Exhibit B - Purchase and Sales Agreement - Part 2, #6 Exhibit B - Purchase and Sales Agreement - Part 2 (Duplicate of Attachment #5), #7 Certificate of Service, #8 Mailing Matrix) (Vitale, Michael) (Additional attachment(s) added on 9/13/2010: #9 Exhibit B - Purchase and Sales Agreement, Part 1) (CDF). Modified on 9/13/2010 to add correct Exhibit B - Part 1 and show Exhibit B - Part 2 as being added in duplicate (CDF). (Additional attachment(s) added on 11/3/2010: #10 (Amended) Proposed Order Establishing Procedures to Sell Assets and Setting Hearing to Confirm) (CDF).
September 9, 2010 Opinion or Order Filing 420 MOTION for Katie G. Stenberg to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-1112779.by Plaintiff Plaintiffs Responses due by 10/4/2010 (Attachments: #1 Affidavit Affidavit of Katie G. Stenberg, #2 Proposed Order Proposed Order regarding Motion for Admission) (Woodruff, Joseph)
September 3, 2010 Opinion or Order Filing 419 MOTION for Attorney Fees and Expenses by Receiver William B. Blackmon Responses due by 9/27/2010 (Attachments: #1 Receivers Report, #2 Proposed Order Granting Motion for Attorney's Fees and Expenses) (Vitale, Michael)
September 3, 2010 Opinion or Order Filing 418 NOTICE OF FILING by William B. Blackmon (Attachments: #1 Receiver's Report through August 31, 2010) (Vitale, Michael)
September 3, 2010 Opinion or Order Filing 417 ATTORNEY NOTICE of Deficiency as to Ryan K. Cochran re #414 Telephone Conference: no pro hac vice motion filed; failure to comply will be brought to the attention of the Court. Response due by 9/17/2010. (MLG)
September 3, 2010 Opinion or Order Filing 416 ATTORNEY NOTICE of Deficiency as to Katie G. Stenberg re #414 Telephone Conference: no pro hac vice motion filed; failure to comply will be brought to the attention of the Court. Response due by 9/17/2010. (MLG)
August 30, 2010 Opinion or Order Filing 415 MOTION for Leave to Record Judgment Against Non-Bankrupt Defendants by Plaintiff Plaintiffs Responses due by 9/23/2010 (Attachments: #1 Exhibit 1-Memorandum Opinion and Order, #2 Exhibit 2-Judgment, #3 Exhibit 3-[Proposed] Order Granting Leave to Record Judgment Against Non-Bankrupt Defendants) (James, H.)
August 25, 2010 Opinion or Order Filing 414 REPORT AND ORDER for proceedings held before Magistrate Judge E. Robert Goebel: Telephone Conference held on 8/24/2010. NOW THEREFORE IT IS HEREBY ORDERED that the undersigned will conduct a hearing with respect to approval of the sale of certain assets of the Defendants Heartland Resources, Inc. and Heartland Operating Company, Inc., on 10/5/2010 10:30 AM. Plaintiffs shall file a proper motion for approval of the sale of said assets and issue proper notice. cc: Counsel, Defendants, PH (CDF)
August 23, 2010 Opinion or Order Filing 413 ORDER REGARDING PLAINTIFFS' MOTION FOR TELEPHONIC CONFERENCE granting #412 Motion for Hearing - Telephonic Conference. Telephone Conference set for 8/24/2010 10:00 AM before Magistrate Judge E. Robert Goebel. Signed by Magistrate Judge E. Robert Goebel on 8/23/2010. cc: Counsel, Defendants pro se, PH (CDF)
August 23, 2010 Opinion or Order NOTICE OF DOCKET CORRECTION re #412 MOTION to Notice; Error: Incorrect event selected; Filers omitted; Correction: Motion event changed to "Hearing" and text edited to reflect Motion for Hearing - Telephonic Conference; Filers corrected to reflect filed by all "Plaintiffs". (CDF)
August 20, 2010 Opinion or Order Filing 412 MOTION for Hearing - Telephonic Conference - by Plaintiffs. Responses due by 9/13/2010 (Attachments: #1 Proposed Order Order Regarding Plaintiffs' Motion for Telephonic Conference) (James, H.) Modified event and filers on 8/23/2010 (CDF).
August 10, 2010 Opinion or Order Filing 411 ORDER granting #398 Motion to Withdraw as Attorney as to Julie Murphy Burnstein, co-counsel for defendant Hunter Durham. Signed by Magistrate Judge E. Robert Goebel on 8/10/2010. cc: Counsel, PH (CDF)
July 31, 2010 Opinion or Order Filing 410 NOTICE of Correction by Hunter Durham re #290 Response to Motion (Attachments: #1 Appendix Schmidt v. National City Corp., 2008 WL 597687 (E. D. Tenn. March 4, 2008)) (Bulso, Eugene)
July 31, 2010 Opinion or Order Filing 409 REPLY to Response to Motion re #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Woodruff, Joseph) Modified event text on 8/2/2010 (CDF).
July 30, 2010 Opinion or Order Filing 408 REPLY to Response to Motion re #247 MOTION for Summary Judgment against B.L. Lanier & Assocs., B.L. Lanier Fruit Co., Sara T. Lanier Irrevocable Trust, and Bobby Lanier filed by Hunter Durham. (Nieters, Steven)
July 30, 2010 Opinion or Order Filing 407 REPLY to Response to Motion re #253 MOTION for Summary Judgment against Cassidy Hurst and Millennium Realty, LLC, filed by Hunter Durham. (Nieters, Steven)
July 30, 2010 Opinion or Order Filing 406 REPLY to Response to Motion re #249 MOTION for Summary Judgment against Ken and Anita Brown filed by Hunter Durham. (Nieters, Steven)
July 30, 2010 Opinion or Order Filing 405 REPLY to Response to Motion re #252 MOTION for Summary Judgment against Plaintiffs Dan and Martha Boyd and Able Fence Co. Profit Sharing Plan filed by Hunter Durham. (Nieters, Steven)
July 30, 2010 Opinion or Order Filing 404 REPLY to Response to Motion re #243 MOTION for Summary Judgment Against Peter and Nancy Keim filed by Hunter Durham. (Bulso, Eugene)
July 30, 2010 Opinion or Order Filing 403 REPLY to Response to Motion re #240 MOTION for Summary Judgment Against George D.Wolff and GDWP, LLC filed by Hunter Durham. (Bulso, Eugene)
July 30, 2010 Opinion or Order Filing 402 REPLY to Response to Motion re #248 MOTION for Summary Judgment Against Thomas G. Marks Living Trust dated January 13, 1986, filed by Hunter Durham. (Bulso, Eugene)
July 30, 2010 Opinion or Order Filing 401 REPLY to Response to Motion re #244 MOTION for Summary Judgment Against William R. Siefring Trust filed by Hunter Durham. (Bulso, Eugene)
July 28, 2010 Opinion or Order Filing 400 REPLY to Response to Motion re #258 MOTION for Summary Judgment Against All Plaintiffs filed by Hunter Durham. (Bulso, Eugene)
July 27, 2010 Opinion or Order Filing 399 MOTION for Leave to File Excess Pages on Reply in Support of Motion for Summary Judgment by Plaintiff Plaintiffs Responses due by 8/20/2010 (Attachments: #1 Exhibit Order Granting Plaintiffs' Motion for Leave to Exceed Page Limitation on Reply in Support of Motion for Summary Judgment) (Woodruff, Joseph)
July 21, 2010 Opinion or Order Filing 398 MOTION to Withdraw as Attorney by Defendant Hunter Durham Responses due by 8/9/2010 (Attachments: #1 Proposed Order) (Burnstein, Julie)
July 20, 2010 Opinion or Order Filing 397 ORDER granting #275 Motion for Attorney Fees and Expenses; receivers report filed 06/04/2010 approved. Signed by Magistrate Judge E. Robert Goebel on 07/20/2010. cc:counsel (CSD)
July 17, 2010 Opinion or Order Filing 396 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 24, #2 Exhibit Ex. 25, #3 Exhibit Ex. 26, #4 Exhibit Ex. 27, #5 Exhibit Ex. 28) by Hunter Durham. (Bulso, Eugene)
July 17, 2010 Opinion or Order Filing 395 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 23-A1, #2 Exhibit Ex. 23-A2, #3 Exhibit Ex. 23-B, #4 Exhibit Ex. 23-C1, #5 Exhibit Ex. 23-C2, #6 Exhibit Ex. 23-D, #7 Exhibit Ex. 23-E, #8 Exhibit Ex. 23-F) by Hunter Durham. (Bulso, Eugene)
July 17, 2010 Opinion or Order Filing 394 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 22-A, #2 Exhibit Ex. 22-B) by Hunter Durham. (Bulso, Eugene)
July 17, 2010 Opinion or Order Filing 393 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 21-A, #2 Exhibit Ex. 21-B, #3 Exhibit Ex. 21-C, #4 Exhibit Ex. 21-D, #5 Exhibit Ex. 21-E, #6 Exhibit Ex. 21-F) by Hunter Durham. (Bulso, Eugene)
July 17, 2010 Opinion or Order Filing 392 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 20-A, #2 Exhibit Ex. 20-B, #3 Exhibit Ex. 20-C, #4 Exhibit Ex. 20-D, #5 Exhibit Ex. 20-E, #6 Exhibit Ex. 20-F) by Hunter Durham. (Bulso, Eugene)
July 17, 2010 Opinion or Order Filing 391 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 19-A, #2 Exhibit Ex. 19-B, #3 Exhibit Ex. 19-C, #4 Exhibit Ex. 19-D, #5 Exhibit Ex. 19-E, #6 Exhibit Ex. 19-F) by Hunter Durham. (Bulso, Eugene)
July 17, 2010 Opinion or Order Filing 390 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 18-A, #2 Exhibit Ex. 18-B, #3 Exhibit Ex. 18-C, #4 Exhibit Ex. 18-D, #5 Exhibit Ex. 18-E, #6 Exhibit Ex. 18-F) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 389 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 17-A, #2 Exhibit Ex. 17-B, #3 Exhibit Ex. 17-C, #4 Exhibit Ex. 17-D, #5 Exhibit Ex. 17-E, #6 Exhibit Ex. 17-F) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 388 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 16-A, #2 Exhibit Ex. 16-B, #3 Exhibit Ex. 16-C, #4 Exhibit Ex. 16-D, #5 Exhibit Ex. 16-E, #6 Exhibit Ex. 16-F) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 387 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 15-A, #2 Exhibit Ex. 15-B, #3 Exhibit Ex. 15-C, #4 Exhibit Ex. 15-D, #5 Exhibit Ex. 15-E, #6 Exhibit Ex. 15-F) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 386 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 14-A, #2 Exhibit Ex. 14-B, #3 Exhibit Ex. 14-C, #4 Exhibit Ex. 14-D, #5 Exhibit Ex. 14-E, #6 Exhibit Ex. 14-F) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 385 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 13-A, #2 Exhibit Ex. 13-B, #3 Exhibit Ex. 13-C, #4 Exhibit Ex. 13-D, #5 Exhibit Ex. 13-E, #6 Exhibit Ex. 13-F) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 384 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Ex. 12-A1, #2 Ex. 12-A2, #3 Ex. 12-B, #4 Ex. 12-C, #5 Ex. 12-D, #6 Ex. 12-E, #7 Ex. 12-F1, #8 Ex. 12-F2) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 383 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 11-A, #2 Exhibit Ex. 11-B, #3 Exhibit Ex. 11-C, #4 Exhibit Ex. 11-D, #5 Exhibit Ex. 11-E, #6 Exhibit Ex. 11-F) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 382 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 10-A, #2 Exhibit Ex. 10-B, #3 Exhibit Ex. 10-C, #4 Exhibit Ex. 10-D) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 381 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 8, #2 Exhibit Ex. 9-A, #3 Exhibit Ex. 9-B, #4 Exhibit Ex. 9-C, #5 Exhibit Ex. 9-D) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 380 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 7-A, #2 Exhibit Ex. 7-B, #3 Exhibit Ex. 7-C, #4 Exhibit Ex. 7-D) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 379 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 6-A, #2 Exhibit Ex. 6-B, #3 Exhibit Ex. 6-C, #4 Exhibit Ex. 6-D) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 378 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Ex. 5-A, #2 Ex. 5-B, #3 Ex. 5-C, #4 Ex. 5-D) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 377 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 4-A, #2 Exhibit Ex. 4-B, #3 Exhibit Ex. 4-C, #4 Exhibit Ex. 4-D) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 376 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 3-A, #2 Exhibit Ex. 3-B, #3 Exhibit Ex. 3-C, #4 Exhibit Ex. 3-D) by Hunter Durham. (Bulso, Eugene)
July 16, 2010 Opinion or Order Filing 375 ATTACHMENT(s) re #374 Deposition (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2-A, #3 Exhibit Ex. 2-B, #4 Exhibit Ex. 2-C, #5 Exhibit Ex. 2-D) by Hunter Durham. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 374 DEPOSITION of David Stewart taken on June 10, 2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 373 DEPOSITION of Richard Stewart taken on 06/10/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 372 DEPOSITION of Mark Haynes taken on 06/11/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 371 DEPOSITION of Michael Yannette taken on 02/24/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 370 DEPOSITION of Daniel Yannette taken on 02/24/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 369 DEPOSITION of Anthony Yannette taken on 02/24/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 368 DEPOSITION of George D. Wolff taken on 12/22/2009 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 367 DEPOSITION of Frank Wilkes taken on 02/11/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 366 DEPOSITION of Carol Wilkes taken on 02/11/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 365 DEPOSITION of Thomas Wiener taken on 01/27/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 364 DEPOSITION of Eileen Wiener taken on 01/27/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 363 DEPOSITION of Jerry Vicars taken on 01/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 362 DEPOSITION of Tim Tippett taken on 02/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 361 DEPOSITION of Marlene Tippett taken on 02/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 360 DEPOSITION of Tim Talbot taken on 01/14/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 359 DEPOSITION of Linda Talbot taken on 01/14/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 358 DEPOSITION of Jennifer Stewart taken on 01/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 357 DEPOSITION of Charles Stewart taken on 01/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 356 DEPOSITION of Charles Skelley taken on 01/27/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 355 DEPOSITION of William Siefring taken on 02/08/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 354 DEPOSITION of Steven Schreiber taken on 02/23/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 353 DEPOSITION of Shelly Schreiber taken on 02/23/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 352 DEPOSITION of Shawna Schreiber taken on 02/23/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 351 DEPOSITION of Jerald Schreiber taken on 02/23/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 350 DEPOSITION of Arthur Schreiber taken on 02/23/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 349 DEPOSITION of Marisa Sauls taken on 01/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 348 DEPOSITION of F. Clark Sauls taken on 01/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 347 DEPOSITION of Stuart Robertson taken on 02/24/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 346 DEPOSITION of Linda Robertson taken on 02/24/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 345 DEPOSITION of Viola Ricks taken on 01/15/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 344 DEPOSITION of Michael Ricks taken on 01/15/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 343 DEPOSITION of Mary Jane Ricks taken on 01/15/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 342 DEPOSITION of David Ricks taken on 01/15/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 341 DEPOSITION of Debbie O'Neil taken on 02/22/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 340 DEPOSITION of Bobby O'Neil taken on 02/22/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 339 DEPOSITION of Tisa Oldham taken on 01/27/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 338 DEPOSITION of Joyce Moore taken on 01/11/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 337 DEPOSITION of James Moore taken on 01/11/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 336 DEPOSITION of Kent Monypeny taken on 01/13/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 335 DEPOSITION of Thomas Mitchell taken on 01/28/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 334 DEPOSITION of Cheryle Miluszewicus taken on 02/25/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 333 DEPOSITION of Michael Merrett taken on 02/09/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 332 DEPOSITION of Lisbeth Merrett taken on 02/09/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 331 DEPOSITION of Tom Marks taken on 01/13/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 330 DEPOSITION of Bobby Lloyd Lanier taken on 02/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 329 DEPOSITION of Dennis Krump taken on 02/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 328 DEPOSITION of Deborah Krump taken on 02/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 327 DEPOSITION of George Kempton taken on 02/11/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 326 DEPOSITION of Katherine Kelsey taken on 02/10/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 325 DEPOSITION of Peter Keim taken on 01/14/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 324 DEPOSITION of Nancy Keim taken on 01/14/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 323 DEPOSITION of Cassidy Hurst taken on 02/10/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 322 DEPOSITION of James Hallquist taken on 02/25/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 321 DEPOSITION of Eric Ebeling taken on 02/23/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 320 DEPOSITION of Virginia Dunson taken on 02/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 319 DEPOSITION of Leslie Dunson taken on 02/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 318 DEPOSITION of Linda Drews taken on 01/27/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 317 DEPOSITION of Calvin Drews taken on 01/27/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 316 DEPOSITION of Justin Doble taken on 02/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 315 DEPOSITION of James Doble taken on 02/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 314 DEPOSITION of Henry Doble, Jr. taken on 02/23/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 313 DEPOSITION of Henry Doble taken on 02/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 312 DEPOSITION of Scott Dickerson taken on 02/25/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 311 DEPOSITION of Mike DeMaria taken on 01/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 310 DEPOSITION of Jo Ann Counter taken on 02/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 309 DEPOSITION of Jerry Counter taken on 02/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 308 DEPOSITION of Wendy Cobarrubia taken on 01/25/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 307 DEPOSITION of Peter Cobarrubia taken on 01/25/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 306 DEPOSITION of Frederick P. Clayton taken on 01/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 305 DEPOSITION of Nancy Chew taken on 01/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 304 DEPOSITION of Kendall Caputo taken on 02/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 303 DEPOSITION of Betty Butcher taken on 02/10/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 302 DEPOSITION of Anita Brown taken on 02/08/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 301 DEPOSITION of Sherri Boyd taken on 01/29/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 300 DEPOSITION of Dan Boyd taken on 01/29/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 299 DEPOSITION of Bryan Boyd taken on 01/29/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 298 DEPOSITION of Roger Bergeson taken on 02/09/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 297 DEPOSITION of Roberta Becker taken on 02/08/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 296 DEPOSITION of Jerome Becker taken on 02/08/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 295 DEPOSITION of Mary Arditi taken on 02/22/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 294 DEPOSITION of Burton Arbuckle taken on 01/12/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 293 DEPOSITION of Rose Andrek taken on 02/26/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 292 DEPOSITION of Edward Adams taken on 02/22/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 291 DEPOSITION of Beverly Ackert taken on 02/25/2010 by Hunter Durham. Related document: #269 MOTION for Partial Summary Judgment filed by Plaintiffs. (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 290 RESPONSE to Motion re #269 MOTION for Partial Summary Judgment filed by Hunter Durham. Replies due by 8/2/2010. (Attachments: #1 Appendix Alabama Administrative Actions-2006, #2 Appendix Proposed Order) (Bulso, Eugene)
July 15, 2010 Opinion or Order Filing 289 Unopposed MOTION for Leave to File Brief in Excess of 40 Pages by Defendant Hunter Durham Responses due by 8/9/2010 (Attachments: #1 Appendix Proposed Order) (Bulso, Eugene)
June 29, 2010 Opinion or Order Filing 288 ORDER by Magistrate Judge E. Robert Goebel on 6/28/2010 granting #287 Joint Motion to Amend Scheduling Order to Extend Time to File Response/Reply. No later than 7/15/2010, Defendant Durham shall file his response to plaintiffs' motion for summary judgment. Reply Briefs shall be filed by 7/30/2010. cc: Counsel; Defendants, pro se; PH (CDF)
June 28, 2010 Opinion or Order Filing 287 Joint MOTION to Amend Scheduling Order for Extension of Time to File Response/Reply re #273 Order on Motion to Amend/Correct, and MOTION for Hearing on currently pending motions for summary judgment, by Plaintiffs and Defendant Hunter Durham. Responses due by 7/8/2010 (Attachments: #1 Exhibit Proposed Order) (Bulso, Eugene). Added MOTION for Hearing on 6/29/2010 (CDF). Modified text and added Plaintiffs as filers on 6/29/2010 (CDF).
June 16, 2010 Opinion or Order Filing 286 RESPONSE to Motion re #252 MOTION for Summary Judgment against Plaintiffs Dan and Martha Boyd and Able Fence Co. Profit Sharing Plan filed by Plaintiffs Dan Boyd, Martha Boyd, Able Fence Co. Profit Sharing Plan. Replies due by 7/5/2010. (Attachments: #1 Response, #2 Proposed Order) (Woodruff, Joseph) Modified filers on 6/17/2010 (CDF).
June 16, 2010 Opinion or Order Filing 285 RESPONSE to Motion re #249 MOTION for Summary Judgment against Ken and Anita Brown filed by Plaintiffs Ken Brown, Anita Brown. Replies due by 7/5/2010. (Attachments: #1 Response, #2 Proposed Order) (Woodruff, Joseph) Modified filers on 6/17/2010 (CDF).
June 16, 2010 Opinion or Order Filing 284 RESPONSE to Motion re #244 MOTION for Summary Judgment Against William R. Siefring Trust filed by Plaintiff Wiliam R. Siefring Trust. Replies due by 7/5/2010. (Attachments: #1 Response, #2 Proposed Order) (Woodruff, Joseph) Modified filer on 6/17/2010 (CDF).
June 16, 2010 Opinion or Order Filing 283 RESPONSE to Motion re #253 MOTION for Summary Judgment against Cassidy Hurst and Millennium Realty, LLC, filed by Plaintiffs Cassidy H. Hurst, Millennium Realty, LLC. Replies due by 7/5/2010. (Attachments: #1 Response, #2 Proposed Order) (Woodruff, Joseph) Modified filers on 6/17/2010 (CDF).
June 16, 2010 Opinion or Order Filing 282 RESPONSE to Motion re #248 MOTION for Summary Judgment Against Thomas G. Marks Living Trust dated January 13, 1986, filed by Plaintiff The Thomas G. Marks Living Trust Dated 1/13/86. Replies due by 7/5/2010. (Attachments: #1 Response, #2 Response, #3 Proposed Order) (Woodruff, Joseph) Modified filer on 6/17/2010 (CDF).
June 16, 2010 Opinion or Order Filing 281 RESPONSE to Motion re #247 MOTION for Summary Judgment against B.L. Lanier & Assocs., B.L. Lanier Fruit Co., Sara T. Lanier Irrevocable Trust, and Bobby Lanier filed by Plaintiffs B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Bobby Lanier, Sara T. Lanier Irrevocable Trust. Replies due by 7/5/2010. (Attachments: #1 Response, #2 Response, #3 Proposed Order) (Woodruff, Joseph) Modified filers on 6/17/2010 (CDF).
June 16, 2010 Opinion or Order Filing 280 RESPONSE to Motion re #243 MOTION for Summary Judgment Against Peter and Nancy Keim filed by Plaintiffs Peter Keim and Nancy Keim. Replies due by 7/5/2010. (Attachments: #1 Response, #2 Proposed Order) (Woodruff, Joseph) Modified filers on 6/17/2010 (CDF).
June 16, 2010 Opinion or Order Filing 279 RESPONSE to Motion re #240 MOTION for Summary Judgment Against George D.Wolff and GDWP, LLC filed by Plaintiffs, George Wolff and GDWP, LLC. Replies due by 7/5/2010. (Attachments: #1 Response, #2 Response, #3 Proposed Order) (Woodruff, Joseph) Modified filers on 6/17/2010 (CDF). (Attachment 1 replaced on 9/13/2010) (CDF).
June 15, 2010 Opinion or Order Filing 278 NOTICE of Filing Proposed Order by Plaintiffs re #277 Response to Motion (Attachments: #1 Proposed Order Proposed order denying Hunter Durham Global motion for summary judgment) (Woodruff, Joseph) Modified text on 6/16/2010 (CDF).
June 15, 2010 Opinion or Order Filing 277 RESPONSE to Motion re #258 MOTION for Summary Judgment Against All Plaintiffs filed by Plaintiffs. Replies due by 7/2/2010. (Woodruff, Joseph) (Additional attachment(s) added on 6/16/2010: #1 Proposed Order) (CDF).
June 14, 2010 Opinion or Order Filing 276 MOTION for Leave to Exceed Page Limitation on Responses to Durham Motions for Summary Judgment by Plaintiff Plaintiffs Responses due by 7/8/2010 (Attachments: #1 Proposed Order Proposed order granting Leave) (Woodruff, Joseph)
June 4, 2010 Opinion or Order Filing 275 MOTION for Attorney Fees and Expenses by Receiver William B. Blackmon Responses due by 6/28/2010 (Attachments: #1 Receiver's Report dated May 31, 2010, #2 Proposed Order Granting Motion for Attorney's Fees and Expenses) (Vitale, Michael)
June 4, 2010 Opinion or Order Filing 274 NOTICE of Filing Receiver's Report by William B. Blackmon (Attachments: #1 Receiver's Report dated May 31, 2010) (Vitale, Michael)
May 10, 2010 Opinion or Order Filing 273 ORDER by Magistrate Judge E. Robert Goebel on 5/7/2010 granting #272 Joint Motion to Amend Scheduling Order. No later than 6/15/2010, Plaintiffs shall file their responses to motions for summary judgment filed by Defendant Durham against the following Plaintiffs: (see Order). No later than 6/15/2010, Plaintiffs shall file their response to Defendant Durham's motion for summary judgment. No later than 6/30/2010, Defendant Durham shall file his response to the Plaintiffs' motion for summary judgment. Reply briefs shall be filed no later than 7/15/2010. cc: Counsel, Defendants, PH (CDF) Modified distribution on 5/10/2010 (CDF).
May 4, 2010 Opinion or Order Filing 272 Joint MOTION to Amend/Correct Scheduling Order by Defendant Hunter Durham and Plaintiffs. Responses due by 5/28/2010 (Attachments: #1 Proposed Order) (Woodruff, Joseph) Modified to remove filers on 5/5/2010 (CDF).
April 29, 2010 Opinion or Order Filing 271 ORDER GRANTING APPROVAL OF OPERATING AGREEMENT by Magistrate Judge E. Robert Goebel on 4/29/2010 granting #255 Motion for Approval of Operating Agreement. Accordingly, the March 30, 2010 Crude Oil and Natural Gas Operating Agreement by and between Heartland Resources, Inc., Hydrocarbon Operating Company, Inc., the various Heartland partnerships and Imperial Petroleum Inc. as operator is APPROVED. cc: Counsel, Defendants pro se, PH (CDF)
April 28, 2010 Opinion or Order Filing 270 MOTION to Amend/Correct #256 Judgment,, by Plaintiff Plaintiffs Responses due by 5/24/2010 (Attachments: #1 Memorandum in Support of Motion to Amend the Judgment, #2 Exhibit A: Declaration, #3 Exhibit 1: Judgment Amount Chart, #4 Proposed Order to Motion to Amend the Judgment) (Woodruff, Joseph)
April 26, 2010 Opinion or Order NOTICE OF DOCKET CORRECTION re #268 MOTION for Partial Summary Judgment (Duplicate of Motion #269 ) ; Error: Duplicate filing of Motion filed at DN #269 ; Correction: Motion event terminated and duplication noted in text. (CDF)
April 24, 2010 Opinion or Order Filing 269 MOTION for Partial Summary Judgment by Plaintiff Plaintiffs Responses due by 5/18/2010 (Attachments: #1 Statement of Undisputed Material Facts, #2 Exhibit A: Young Oil PPMs, #3 Exhibit B: Haynes Declaration, #4 Exhibit C: Stewart Declaration - March 4, 2010, #5 Exhibit D: Stewart Declaration - April 20, 2010, #6 Exhibit E: Wisconsin Prohibition Orders, #7 Exhibit F: Ackert Depo Excerpts, #8 Exhibit G: Siefring Depo Excerpts, #9 Exhibit H: Oldham Depo Excerpts, #10 Exhibit I: Wolff Depo Excerpts, #11 Exhibit J: Hurst Depo Excerpts, #12 Exhibit K: Merrett Depo Excerpts, #13 Exhibit L: David Ricks Depo Excerpts, #14 Exhibit M: Viola Ricks Depo Excerpts, #15 Exhibit N: Keim Depo Excerpts, #16 Exhibit O: Arditi Depo Excerpts, #17 Hinton Unpublished Decision, #18 McEldowney Blue Sky Decision, #19 Ovation SEC No-Action Letter, #20 Waterside Unpublished Decision, #21 Willis SEC No-Action Letter, #22 Memorandum in Support, #23 Proposed Order) (Woodruff, Joseph)
April 24, 2010 Opinion or Order Filing 268 **DUPLICATE MOTION - See #269 ** MOTION for Partial Summary Judgment by Plaintiff Plaintiffs Responses due by 5/18/2010 (Woodruff, Joseph) Modified to show duplicate motion of #269 on 4/26/2010 (CDF).
April 23, 2010 Opinion or Order Filing 267 NOTICE OF FILING DEPOSITION of Hunter Durham by Plaintiffs, re #269 Motion for Partial Summary Judgment. (Attachments: #1 Deposition part 1 - pages 1 - 80, #2 Deposition part 2 - pages 81 - 164, #3 Deposition part 3 - pages 165 - 240, #4 Deposition part 4 - pages 241 - 271 and exhibits, #5 Deposition part 5 - exhibits, #6 Deposition part 6 - exhibits, #7 Deposition part 7 - exhibits, #8 Deposition part 8 - exhibits, #9 Deposition part 9 - exhibits, #10 Deposition part 10 - exhibits, #11 Deposition part 11 - exhibits) (Woodruff, Joseph) Modified to add text and link on 4/26/2010 (CDF).
April 23, 2010 Opinion or Order Filing 266 MOTION for Leave to Exceed Page Limitation on Memorandum in Support of Motion for Summary Judgment by Plaintiff Plaintiffs Responses due by 5/17/2010 (Attachments: #1 Proposed Order) (Woodruff, Joseph)
April 15, 2010 Opinion or Order Filing 265 MOTION to Dismiss Claims Against Heartland Defendants by Plaintiffs. Responses due by 5/10/2010 (Attachments: #1 Proposed Order Dismissing Claims Against the Heartland Defendants) (Woodruff, Joseph) Modified text on 4/16/2010 (CDF).
April 15, 2010 Opinion or Order Filing 264 Proposed Order re #262 Amended MOTION for Attorney Fees by Plaintiffs. (Woodruff, Joseph)
April 14, 2010 Opinion or Order Filing 263 Supporting MEMORANDUM re #262 Amended Motion for Attorney Fees, by Plaintiffs. (Attachments: #1 Exhibit A: Declaration of Joseph A. Woodruff, #2 Exhibit 1 Part 1 (to Ex. A - Woodruff Declaration), #3 Exhibit 1, Part 2 (to Ex. A), #4 Exhibit 1, Part 3 (to Ex. A), #5 Exhibit 1, Part 4 (to Ex. A), #6 Exhibit 1, Part 5 (to Ex. A), #7 Exhibit B: Declaration of Tera Rica Murdock) (Woodruff, Joseph) Modified text as to filers on 4/15/2010 (CDF).
April 14, 2010 Opinion or Order Filing 262 Amended MOTION for Attorney Fees by Plaintiffs, re #237 Motion and #254 Memorandum Opinion and Order. Responses due by 5/10/2010 (Woodruff, Joseph) Modified text as to filers on 4/15/2010 and added links (CDF). (Additional attachment(s) added on 4/16/2010: #1 Proposed Order) (CDF).
April 13, 2010 Opinion or Order Filing 261 ORDER by Magistrate Judge E. Robert Goebel on 4/13/2010 granting #238 Motion for Attorney Fees. IT IS HEREBY ORDERED that Receiver's counsel's fees and expenses incurred from 2/20/2010 through 2/26/2010 are approved. At this time there are not funds to satisfy the claim for outstanding fees and expenses. Payment of outstanding balance(s) will be addressed upon further motion of the Receiver. cc:counsel (PHB)
April 13, 2010 Opinion or Order Filing 260 ORDER by Magistrate Judge E. Robert Goebel on 4/13/2010; re #236 Receiver's Report filed by William B. Blackmon. IT IS HEREBY ORDERED that the Receiver's Report filed on 3/2/2010 together with the recommendations contained therein is APPROVED. cc:counsel (PHB)
April 12, 2010 Opinion or Order Filing 259 ORDER by Magistrate Judge E. Robert Goebel on 4/11/2010 granting #257 Motion Entry of Scheduling Order. IT IS SO ORDERED: Motion Summary Judgment( Defendant) due by 4/9/2010, Motion Summary Judgment ( Plaintiff ) due by 4/2/32010, Response to Summary Judgment( by Plaintiff) due by 5/15/2010, Response to Summary Judgment( by Defendant) due by 5/30/2010. Reply brief due by 6/15/2010. See order. cc:counsel (PHB)
April 6, 2010 Opinion or Order Filing 258 MOTION for Summary Judgment Against All Plaintiffs by Defendant Hunter Durham Responses due by 4/30/2010 (Attachments: #1 Proposed Order, #2 Memorandum in Support) (Bulso, Eugene)
April 5, 2010 Opinion or Order Filing 257 Joint MOTION For Entry Of Scheduling Order by Consol Plaintiffs Able Fence Co. Profit Sharing Plan, Edward G. Adams, Rose M. Andrek, Mary Susan Arditi, Walter W. Bass, Wilma Bass, Bass Family Trust, Jerome Becker, Roberta Becker, Mary J. Bergeson, Roger Bergeson, Bryan Boyd, Dan Boyd, Martha Boyd, Sherri Boyd, Anita Brown, Ken Brown, Shelley Byrd, Kendall Caputo, Nancy Chew, Henry Peter Doble, Jr, Calvin Drews, Linda Drews, Eric Ebeling, Jennifer Fremgen, Thomas Fremgen, Jr, Gwen Halquist, James Halquist, David R. Hammond, Dennis Krump, Marietta Enterprises #2, LLC, Marietta Investments, LLC, Matthew D. Miller, Lisa Pfenning, Linda Robertson, Stuart Robertson, Arthur Schreiber, Jr, Arthur Schreiber, III, Jerald Schreiber, Mary Ann Schreiber, Mary Lou Schreiber, Shawna Schreiber, Shelley J. Schreiber, Steven Schreiber, Charles Skelley, Charles Stewart, Jennifer Stewart, The Thomas G. Marks Living Trust Dated 1/13/86, Brett Vegoe, Thomas Vegoe, Eileen Weiner, Thomas Weiner, Whitefish #1, LLC, Carol F. Wilkes, Frank G. Wilkes, Wilma Bass Trust, Terry Yordan, Plaintiffs Beverly Ackert, K. E. Allen, Margaret Allen, Burton Arbuckle, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Betty H. Butcher Insurance Trust, Betty H. Butcher, Brent Butler, Frederick P. Clayton, Peter Cobarrubia, Wendy Cobarrubia, John Counter, Counter Partnership #2, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, James Mark Doble, Justin Alexander Doble, Leslie W. Dunson, III, Virginia T. Dunson, Henry Ehrlich, Kathleen Ehrlich, GDWP, LLC, George R. Kempton Trust, Cassidy H. Hurst, J.C. Counter Revocable Trust, The, Jo Ann Counter Revocable Trust, Nancy Keim, Peter Keim, Katherine L. Kelsey, Bobby Lanier, Judith Lawson, Peter Lawson, Pam Lerach, Thomas Lerach, Dana Levine, Laurence M. Levine, Mary C. Counter Revocable Trust, Lisbeth Merrett, Michael Merrett, Mid-State Energy, Inc., Millennium Realty, LLC, Cheryle Miluszewicus, Thomas J. Mitchell, Jr, Kent B. Monypeny, James C. Moore, Joyce Moore, Bobby O'Neil, Deborah O'Neil, Tisa L. Oldham, Perry Butcher Revocable Trust, Plaintiffs, David Ricks, Mary Jane Ricks, Michael Ricks, Viola Ricks, Sara T. Lanier Irrevocable Trust, F. Clark Sauls, Marisa Sauls, Linda S. Talbot, Tim Talbot, Marlene Tippett, Tim M. Tippett, Jerry Vicars, William R. Siefring Trust, George Wolff, Anthony C. Yannette, Daniel Yannette, Jean C. Yannette, Michael Yannette, Defendant Hunter Durham, Consol Defendant Heartland- Marathon McCoy #2, GP Responses due by 4/29/2010 (Attachments: #1 Proposed Order) (Woodruff, Joseph)
March 31, 2010 Opinion or Order Filing 256 JUDGMENT by Judge Joseph H. McKinley, Jr. This matter having come before the Court on a motion for final judgment by the plaintiffs, and the Court on this date having issued a Memorandum Opinion and Order #254 granting said motion, IT IS HEREBY ORDERED that judgment be entered in favor of the plaintiffs on their First, Second, Third, Fifth, Sixth, Ninth, Tenth, and Fourteenth Causes of Action in their First Amended Complaint against all defendants other than Hunter Durham together with postjudgment interest established at the United States Treasury Bill rate on the date of judgment. cc: Counsel; pro se Defendants (CDF)
March 31, 2010 Opinion or Order Filing 255 MOTION Approve Operating Agreement by Receiver William B. Blackmon Responses due by 4/26/2010 (Attachments: #1 Crude Oil and Natural Gas Operating Agreement, #2 Proposed Order Granting Approval of Operating Agreement) (Vitale, Michael)
March 31, 2010 Opinion or Order Filing 254 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 3/30/2010. Accordingly, the plaintiffs' motion for entry of final judgment against the Heartland Defendants, costs, and attorneys fees #237 is GRANTED in part and DENIED in part. The plaintiffs shall file an amended motion for attorney's fees consistent with this Opinion. cc: Counsel; pro se Defendants (CDF) Modified distribution on 3/31/2010 (CDF).
March 31, 2010 Opinion or Order Filing 253 MOTION for Summary Judgment against Cassidy Hurst and Millennium Realty, LLC, by Defendant Hunter Durham Responses due by 4/26/2010 (Attachments: #1 Proposed Order granting summary judgment on claims of Cassidy Hurst and Millennium Realty, #2 Appendix Pages 1-60 of Hurst Depo., #3 Appendix Pages 61-119 of Hurst Depo., #4 Memorandum in Support of Motion for Summary Judgment against Cassidy Hurst and Millennium Realty, #5 Exhibit attachment A to Memo (cert. for EKy), #6 Exhibit Attachment B to Memo (cert. for Appalachian), #7 Exhibit Attachment C (cert. for EKy originally purchased by Jimmy Hurst), #8 Exhibit 4 to Hurst Depo (Coles Branch S.A.), #9 Exhibit 5 to Hurst Depo (EKy S.A.), #10 Exhibit 7 to Hurst Depo (Coles Branch 2 S.A.), #11 Exhibit 8 to Hurst Depo (Appalachian S.A.), #12 Exhibit 10 to Hurst Depo (Corres. re Jimmy Hurst investments), #13 Exhibit 11 to Hurst Depo (Millennium checks), #14 Exhibit 12 to Hurst Dep (Hurst Checks and Jimmy Hurst invoices)) (Nieters, Steven)
March 26, 2010 Opinion or Order Filing 252 MOTION for Summary Judgment against Plaintiffs Dan and Martha Boyd and Able Fence Co. Profit Sharing Plan by Defendant Hunter Durham Responses due by 4/19/2010 (Attachments: #1 Proposed Order granting Motion for Summary Judgment against Plaintiffs Dan and Martha Boyd and Able Fence Co. Profit Sharing Plan, #2 Exhibit Part 1 Deposition Transcript of Dan Boyd, #3 Exhibit Part 2 Deposition Transcript of Dan Boyd, #4 Memorandum in Support of Motion for Summary Judgment against Plaintiffs Dan and Martha Boyd and Able Fence Co. Profit Sharing Plan) (Burnstein, Julie)
March 24, 2010 Opinion or Order Filing 251 Notice of Filing Official Transcript re #250 Transcript of Motion Hearing. Please review the complete Notice for instructions. (CDF)
March 24, 2010 Opinion or Order Filing 250 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 10/21/2009. Court Reporter/Transcriber James A. Dale, Jr., Telephone number 270-782-8585. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/14/2010. Redacted Transcript Deadline set for 4/26/2010. Release of Transcript Restriction set for 6/22/2010. (CDF)
March 18, 2010 Opinion or Order Filing 249 MOTION for Summary Judgment against Ken and Anita Brown by Defendant Hunter Durham Responses due by 4/12/2010 (Attachments: #1 Proposed Order for SJ against Ken and Anita Brown, #2 Memorandum in Support of Motion for SJ against Ken and Anita Brown, #3 Exhibit Attachment A to Memo of Facts and Law (Brown's response to Admissions), #4 Exhibit Deposition of Anita Brown, #5 Exhibit 1 to Depo of Anita Brown) (Nieters, Steven)
March 15, 2010 Opinion or Order Filing 248 MOTION for Summary Judgment Against Thomas G. Marks Living Trust dated January 13, 1986, by Defendant Hunter Durham Responses due by 4/8/2010 (Attachments: #1 Proposed Order for Summary Judgment against Plaintiff Thomas G. Marks Living Trust dated January 13, 1986, #2 Exhibit deposition transcript of Thomas G. Marks, #3 Exhibit 2 to Marks Depo, #4 Exhibit 4 to Marks Depo, #5 Exhibit 5 to Marks Depo, #6 Exhibit 6 to Marks Depo, #7 Exhibit 7 to Marks Depo, #8 Exhibit 8 to Marks Depo, #9 Memorandum in Support of Summary Judgment against Thomas G. Marks Living Trust dated January 13, 1986, #10 Appendix Attachment A to Memo of Law) (Nieters, Steven)
March 15, 2010 Opinion or Order Filing 247 MOTION for Summary Judgment against B.L. Lanier & Assocs., B.L. Lanier Fruit Co., Sara T. Lanier Irrevocable Trust, and Bobby Lanier by Defendant Hunter Durham Responses due by 4/8/2010 (Attachments: #1 Proposed Order for Summary Judgment against the Lanier Plaintiffs, #2 Exhibit deposition transcript of Mr.Bobby Lanier, #3 Exhibit 1 to deposition of Mr. Bobby Lanier, #4 Exhibit 2 to Deposition of Mr. Bobby Lanier, #5 Exhibit 5 to Deposition of Mr. Bobby Lanier, #6 Memorandum in Support of Motion for summary judgment against Lanier Plaintiffs, #7 Attachment A to Memo of Law - B.L. Lanier & Associates responses, #8 Attachment B to Memo of Law - B.L. Lanier Fruit Company, Inc.'s responses, #9 Attachment C to Memo of Law - Sara T. Lanier Irrevocable Trust's responses, #10 Attachment D to Memo of Law - Bobby Lanier's responses) (Nieters, Steven) Modified attachment descriptions on 3/16/2010 (CDF).
March 15, 2010 Opinion or Order Filing 246 Proposed Order re #245 MOTION for Hearing re #244 MOTION for Summary Judgment Against William R. Siefring Trust, #243 MOTION for Summary Judgment Against Peter and Nancy Keim, #240 MOTION for Summary Judgment Against George D.Wolff and GDWP, LLC a MOTION for Hearing re #244 MOTION for Summary Judgment Against William R. Siefring Trust, #243 MOTION for Summary Judgment Against Peter and Nancy Keim, #240 MOTION for Summary Judgment Against George D.Wolff and GDWP, LLC a by Hunter Durham. (Nieters, Steven)
March 12, 2010 Opinion or Order Filing 245 MOTION for Hearing re #244 MOTION for Summary Judgment Against William R. Siefring Trust, #243 MOTION for Summary Judgment Against Peter and Nancy Keim, #240 MOTION for Summary Judgment Against George D.Wolff and GDWP, LLC and any and all subsequent motions for summary judgment that will soon be filed against other of the individual plaintiffs by Defendant Hunter Durham Responses due by 4/5/2010 (Nieters, Steven) (Additional attachment(s) added on 3/16/2010: #1 Proposed Order) (CDF).
March 12, 2010 Opinion or Order Filing 244 MOTION for Summary Judgment Against William R. Siefring Trust by Defendant Hunter Durham Responses due by 4/5/2010 (Attachments: #1 Memorandum in Support of Motion for Summary Judgment Against William R. Siefring Trust, #2 Proposed Order Granting Summary Judgment against William R. Siefring Trust, #3 Exhibit First Half of Siefring Deposition, #4 Exhibit Second Half of Siefring Deposition, #5 Exhibit 1 to Siefring Depo, #6 Exhibit 2a to Siefring Depo, #7 Exhibit 2b to Siefring Depo, #8 Exhibit 3 to Siefring Depo, #9 Exhibit 4 to Siefring Depo, #10 Exhibit 5 to Siefring Depo, #11 Exhibit 6 to Siefring Depo, #12 Exhibit 7 to Siefring Depo, #13 Exhibit 8 to Siefring Depo, #14 Exhibit 9 to Siefring Depo, #15 Exhibit 10 to Siefring Depo, #16 Exhibit 11 to Siefring Depo, #17 Exhibit 12 to Siefring Depo, #18 Exhibit 13 to Siefring Depo, #19 Exhibit 14 to Siefring Depo, #20 Exhibit 15 to Siefring Depo, #21 Exhibit 16 to Siefring Depo, #22 Exhibit 17 to Siefring Depo, #23 Exhibit 18 to Siefring Depo, #24 Exhibit 19 to Siefring Depo, #25 Exhibit 20 to Siefring Depo, #26 Exhibit 21 to Siefring Depo, #27 Exhibit 22 to Siefring Depo, #28 Exhibit 23 to Siefring Depo, #29 Exhibit 24 to Siefring Depo, #30 Exhibit 25 to Siefring Depo) (Nieters, Steven)
March 12, 2010 Opinion or Order Filing 243 MOTION for Summary Judgment Against Peter and Nancy Keim by Defendant Hunter Durham Responses due by 4/5/2010 (Attachments: #1 Memorandum in Support of Motion for Summary Judgment Against Peter and Nancy Keim, #2 Proposed Order Granting Summary Judgment Against Peter and Nancy Keim, #3 Exhibit Deposition of Nancy Keim, #4 Exhibit Deposition of Peter Keim, #5 Exhibit 1 to Depo of Peter Keim, #6 Exhibit 3 to Depo of Peter Keim, #7 Exhibit 4 to Depo of Peter Keim, #8 Exhibit 11 to Depo of Peter Keim, #9 Exhibit 12 to Depo of Peter Keim) (Nieters, Steven)
March 12, 2010 Opinion or Order Filing 242 NOTICE of filing of Exhibits and Memorandum of Law in Support of Motion for Summary Judgment Against The Plaintiffs George Wolff and GDWP, LLC by Hunter Durham re #241 Proposed Order, #240 MOTION for Summary Judgment Against George D.Wolff and GDWP, LLC (Attachments: #1 Exhibit A: depo transcript of Mr. Wolff, #2 Exhibit B1: Wolff Dep. Ex 3 pp 1-20, #3 Exhibit B2: Wolff Dep. Ex 3 pp 21-40, #4 Exhibit B3: Wolff Dep. Ex 3 pp 41-63, #5 Exhibit B4: Wolff Dep. Ex 3 pp 64-77, #6 Exhibit B5: Wolff Dep. Ex 3 pp 78-98, #7 Exhibit C: Wolff Dep. Ex. 16, #8 Exhibit D: Wolff Dep. Ex 17, #9 Exhibit E: Wolff Dep. Ex 18, #10 Exhibit F: Wolff Dep. Ex 19, #11 Exhibit G: Wolff Dep. Ex 20, #12 Exhibit H: Wolff Dep Ex. 21, #13 Exhibit I: Wolff Dep Ex 22, #14 Exhibit J: Wolff Dep Ex 23, #15 Exhibit K: Wolff Dep Ex 24, #16 Exhibit L: Wolff Response to Request for Admissions, #17 Memorandum in Support of Motion for Summary Judgment against Plaintiffs George Wolff and GDWP, LLC, #18 Appendix 1 to Memo of Law: Decision in Rowe, #19 Appendix 2 to Memo of Law: Decision in Werbowsky, #20 Appendix 3 to Memo of Law: Decision in Baker, Watts, #21 Appendix 4 to Memo of Law: Decision in Benway, #22 Appendix 5 to Memo of Law: Decision in Rendler) (Nieters, Steven)
March 11, 2010 Opinion or Order Filing 241 Proposed Order re #240 MOTION for Summary Judgment Against George D.Wolff and GDWP, LLC by Hunter Durham. (Bulso, Eugene)
March 11, 2010 Opinion or Order Filing 240 MOTION for Summary Judgment Against George D.Wolff and GDWP, LLC by Defendant Hunter Durham Responses due by 4/5/2010 (Bulso, Eugene) (Additional attachment(s) added on 3/12/2010: #1 Proposed Order) (CDF).
March 2, 2010 Opinion or Order **TEXT ONLY ENTRY - See #237 Plaintiffs' Motion for Final Judgment, Costs, and Attorneys Fees by Plaintiffs. (CDF)
March 2, 2010 Opinion or Order Filing 239 MEMORANDUM re #237 MOTION for Entry of Judgment under Rule 54(b) Costs and Attorney's Fees. (Attachments: #1 Exhibit A: Declaration of Tera Rica Murdock, #2 Exhibit 1: Judgment Amount Chart, #3 Exhibit B: Declaration of Joseph A. Woodruff) by Plaintiffs. (Woodruff, Joseph) Modified to correct link and edit filers on 3/3/2010 (CDF).
March 2, 2010 Opinion or Order Filing 238 MOTION for Attorney Fees and Expenses by Receiver William B. Blackmon Responses due by 3/26/2010 (Attachments: #1 Exhibit Receiver's Report dated February 26, 2010, #2 Proposed Order Granting Motion for Attorney's Fees and Expenses) (Vitale, Michael)
March 2, 2010 Opinion or Order Filing 237 MOTION for Entry of Judgment under Rule 54(b) Costs and Attorney's Fees by Plaintiffs. Responses due by 3/26/2010 (Attachments: #1 Proposed Order and Final Judgment) (Woodruff, Joseph) Modified to edit filers on 3/3/2010 (CDF).
March 2, 2010 Opinion or Order Filing 236 NOTICE of Filing Receiver's Report dated February 26, 2010 by William B. Blackmon (Attachments: #1 Receiver's Report) (Vitale, Michael)
February 25, 2010 Opinion or Order Filing 235 ORDER by Magistrate Judge E. Robert Goebel on 2/24/2010 re Receiver's Reports re #213 and #228 filed by William B. Blackmon. The Receiver's Report filed 12/31/2009 #213 together with the Recommendations contained therein is APPROVED; IT IS FURTHER ORDERED that the Receiver's Report and Recommendations filed 2/1/2010 #228 is hereby APPROVED; IT IS FURTHER ORDERED that the Receiver may act upon all Recommendations made to the Court in both Reports. cc: Counsel; Defendants, pro se; PH (CDF)
February 25, 2010 Opinion or Order Filing 234 ORDER GRANTING MOTION FOR ATTORNEY'S FEES AND EXPENSES by Magistrate Judge E. Robert Goebel on 2/24/2010 granting #228 Motion for Attorney Fees and Receiver's fees. cc: Counsel; Defendants, pro se; PH (CDF)
February 11, 2010 Opinion or Order Filing 233 ORDER granting #231 Motion to Appear Pro Hac Vice as to Alyssa M. Leffall. Signed by Magistrate Judge E. Robert Goebel on 2/10/2010. cc: Counsel, Defendants (pro se), PH (CDF)
February 11, 2010 Opinion or Order Filing 232 ORDER granting #230 Motion to Appear Pro Hac Vice as to Tanielle Henriques. Signed by Magistrate Judge E. Robert Goebel on 2/10/2010. cc: Counsel, Defendants (pro se), PH (CDF)
February 8, 2010 Opinion or Order Filing 231 MOTION for Alyssa M. Leffall to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-1004599.by Plaintiff Plaintiffs Responses due by 3/4/2010 (Attachments: #1 Affidavit Affidavit of Alyssa Leffall, #2 Proposed Order Proposed Order) (Woodruff, Joseph)
February 5, 2010 Opinion or Order Filing 230 MOTION for Tanielle Henriques to Appear Pro Hac Vice Filing fee $ 65, receipt number 06440000000001004059 by Plaintiffs. Responses due by 3/1/2010 (Attachments: #1 Affidavit, #2 Proposed Order) (Woodruff, Joseph) Modified text on 2/8/2010 (CDF).
February 2, 2010 Opinion or Order Filing 229 ORDER GRANTING MOTION TO CONSOLIDATE granting #210 Motion to Consolidate Cases. The matter of Calvin Drews, et al. v. Heartland Resources, Inc., et al., Case No. 1:09-CV-123, is hereby CONSOLIDATED into Clayton, et al. v. Heartland Resources, Inc., et al., Case No. 1:08-CV-94-M, for all purposes. All pleadings after the date of entry of this Order shall be filed in Case No. 1:08-CV-94-M. Signed by Judge Joseph H. McKinley, Jr. on 2/1/2010. cc: Counsel, Defendants (CDF)
February 1, 2010 Opinion or Order Filing 228 MOTION for Attorney Fees and Expenses by Receiver William B. Blackmon Responses due by 2/25/2010 (Attachments: #1 Receiver's Report dated January 31, 2010, #2 Proposed Order Granting Motion for Attorney's Fees and Expenses) (Vitale, Michael)
February 1, 2010 Opinion or Order Filing 227 ORDER by Judge Joseph H. McKinley, Jr. on 2/1/2010 granting #205 Plaintiffs' Motion for Partial Summary Judgment against the Heartland Defendants. The Court finds no genuine issue for trial, and does hereby grant partial summary judgment as prayed for by Plaintiffs granting them rescission of their investments in the securities sold to them by the Heartland Defendants with respect to their First, Second, Third, Fifth, Sixth, Ninth, and Fourteenth Causes of Action in their First Amended Complaint. cc: Counsel; Defendants, pro se (CDF)
February 1, 2010 Opinion or Order Filing 226 NOTICE of Filing Receiver's Report dated January 31, 2010 by William B. Blackmon (Attachments: #1 Receiver's Report, #2 Invoice from Receiver, #3 Expenses from Receiver, #4 Counsel's Invoice and Fee Agreement) (Vitale, Michael)
January 29, 2010 Opinion or Order Filing 225 ORDER by Judge Joseph H. McKinley, Jr. on 1/28/2010 re #207 Order appointing Receiver. Paragraph G on page eight of the 11/18/2009 Order is amended (see Order) and Receiver's address updated. cc: Counsel; Defendants, pro se (CDF)
January 29, 2010 Opinion or Order Remark - Copy of Order #215 mailed to Chris Stewart at 195 Doe Crossing Drive, Smiths Grove, KY 42171. (CDF)
January 28, 2010 Opinion or Order Filing 224 NOTICE of correct address by Chris Stewart, pro se, re #222 Order. (Address changed to Smiths Grove, Kentucky.) (CDF)
January 28, 2010 Opinion or Order Filing 223 NOTICE of Receiver's Position With Regard to Plaintiffs' by William B. Blackmon re #205 MOTION for Partial Summary Judgment Against Heartland Defendants (Vitale, Michael)
January 22, 2010 Opinion or Order Filing 222 ORDER by Magistrate Judge E. Robert Goebel on 1/21/2010 re #217 #220 #221 Mail Returned as to Defendant, Chris Stewart. IT IS HEREBY ORDERED that within ten (10) days of being served with this order, Defendant, Chris Stewart, shall provide written notice to the Clerk of the Court and the opposing parties' counsel of a correct address where mailings in this case can be sent to him. IT IS FURTHER ORDERED that the USM personally serve a copy of this order on Defendant Chris Stewart. cc:Pro Se Parties; Counsel; USM (paper - BG) (CDF)
January 19, 2010 Opinion or Order Filing 221 Mail sent to Chris Stewart Returned as Undeliverable; no such street - unable to forward. (LMW)
January 19, 2010 Opinion or Order Filing 220 Mail sent to Chris Stewart Returned as Undeliverable - no such street; unable to forward. (LMW)
January 14, 2010 Opinion or Order Filing 219 ORDER granting #216 Motion to Appear Pro Hac Vice as to Tera Rica Murdock. Signed by Magistrate Judge E. Robert Goebel on 1/14/2010. cc: Counsel, PH (CDF)
January 14, 2010 Opinion or Order Filing 218 ORDER granting #214 Motion to Appear Pro Hac Vice as to Steven A. Nieters. Signed by Magistrate Judge E. Robert Goebel on 1/14/2010. cc: Counsel, PH (CDF)
January 13, 2010 Opinion or Order Remark re #217 Returned Mail - DN #215 Order re-mailed to Chris Stewart at 195 Doe Crossing Drive, Brownsville, KY 42210 and at 1642 Seminole Drive, Bowling Green, KY 42103. (CDF)
January 12, 2010 Opinion or Order Filing 217 Mail Returned as Undeliverable (DN #215 ). Mail sent to Chris Stewart, pro se. (CDF)
January 11, 2010 Opinion or Order Filing 216 MOTION for Tera Rica Murdock to Appear Pro Hac Vice Filing fee $ 65, receipt number 06440000000000991020 by Plaintiffs. Responses due by 2/4/2010 (Attachments: #1 Affidavit of Tera Rica Murdock, #2 Proposed Order Regarding Motion for Admission) (Woodruff, Joseph) Modified text on 1/12/2010 (CDF).
January 8, 2010 Opinion or Order Filing 215 ORDER by Judge Joseph H. McKinley, Jr. (EBOC) on 1/7/2010 re #213 Notice of Filing Report of Receiver. IT IS HEREBY ORDERED that within ten days of entry of this Order, any party may serve and file written objections to the December 31, 2009 Report. IT IS FURTHER ORDERED that any party who desires to file objections to any future Report filed by the Receiver must do so within ten days from the date the Report is filed.cc: Counsel, David A. Stewart, D. Mark Haynes, Richard Stewart, Chris Stewart, Ruth Stewart (CDF)
January 7, 2010 Opinion or Order Filing 214 MOTION for Steven A. Nieters to Appear Pro Hac Vice on behalf of Defendant Hunter Durham. Filing fee $ 65., Receipt #B33000961. Responses due by 2/1/2010 (Attachments: #1 Affidavit of Steven A. Nieters, #2 Written Consent, #3 Proposed Order) (CDF)
December 31, 2009 Opinion or Order Filing 213 NOTICE OF FILING by William B. Blackmon (Attachments: #1 Receiver's Report) (Vitale, Michael)
December 8, 2009 Opinion or Order Filing 212 NOTICE of Appearance by Charles E. English, Sr on behalf of William B. Blackmon (Attachments: #1 Exhibit Order of November 17 2009) (English, Charles)
December 4, 2009 Opinion or Order Filing 211 MEMORANDUM re #210 Motion to Consolidate Cases (Attachments: #1 Exhibit McNeil v. Memphis (Unpublished Decision)) by Plaintiffs. (Woodruff, Joseph)
December 4, 2009 Opinion or Order Filing 210 MOTION to Consolidate Cases by Plaintiff Plaintiffs Responses due by 12/28/2009 (Attachments: #1 Proposed Order Proposed Order) (Woodruff, Joseph)
December 2, 2009 Opinion or Order Filing 209 Response to Objections re #208 Objection filed by Plaintiffs. (Attachments: #1 Exhibit A - Order Granting Relief From Stay) (Woodruff, Joseph)
November 30, 2009 Opinion or Order Filing 208 LIMITED OBJECTION to #205 MOTION for Partial Summary Judgment Against Heartland Defendants filed by Debtors Hydrocarbon Operating Company, Inc. and Heartland Resources, Inc. (Flener, Mark) Modified filers and text on 12/1/2009 (CDF).
November 18, 2009 Opinion or Order Filing 207 ORDER granting #187 Motion to Appoint Receiver and adopting Report and Recommendations re #202 Report and Recommendations signed by Judge Joseph H. McKinley, Jr on 11/17/2009. William B. Blackmon appointed Receiver. See Order for specifics including posting of bond. cc: Counsel, Case Manager & Secretary to USMJ Goebel (LMW)
November 12, 2009 Opinion or Order Filing 206 PLAINTIFFS' STATEMENT OF UNDISPUTED MATERIAL FACTS in Support of #205 Motion for Partial Summary Judgment. (Woodruff, Joseph) Modified to add link and edit text on 11/13/2009 (CDF).
November 12, 2009 Opinion or Order Filing 205 MOTION for Partial Summary Judgment Against Heartland Defendants by Plaintiff Plaintiffs Responses due by 11/30/2009 (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Woodruff, Joseph)
October 29, 2009 Opinion or Order Filing 204 ORDER by Magistrate Judge E. Robert Goebel on 10/29/2009 denying #200 Motion for Thomas R. Noland to Appear Pro Hac Vice. cc: Counsel; Thomas R. Noland; Defendants, pro se; PH (CDF) Modified distribution on 10/29/2009 (CDF).
October 27, 2009 Opinion or Order Filing 203 Mail Returned as Undeliverable #202 . Mail sent to Chris Stewart (re-mailed to 942 Searcy Way address.) (CDF)
October 23, 2009 Opinion or Order Filing 202 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION by Magistrate Judge E. Robert Goebel on 10/22/2009 re #187 renewed and restated MOTION to Appoint Receiver filed by Plaintiffs. For the foregoing reasons, the undersigned recommends that the Court grant Plaintiffs' renewed and restated motion for appointment of a receiver #187 , appoint William B. Blackmon, and utilize the amended proposed order accompanying the motion. Objections due by 11/9/2009.cc: Counsel; David Stewart, pro se; D. Mark Haynes, pro se; Richard Stewart, pro se; Chris Stewart, pro se; Ruth Stewart, pro se; PH (CDF)
October 21, 2009 Opinion or Order Proceedings held before Magistrate Judge E. Robert Goebel: Motion Hearing held on 10/21/2009 re #187 MOTION to Appoint Receiver filed by Plaintiffs. (Court Reporter James Dale.) (CDF)
October 21, 2009 Opinion or Order Filing 201 OATH TO COURT REPORTERS by James Dale. (CDF)
October 21, 2009 Opinion or Order Filing 200 MOTION for Thomas R. Noland to Appear Pro Hac Vice Filing fee $ 65, Rec No. B33000926 issued. Responses due by 11/9/2009 (Attachments: #1 Affidavit of Thomas R. Noland, #2 Proposed Order) (LMW)
October 13, 2009 Opinion or Order Filing 199 NOTICE of Filing Exhibit 22, Part 2 to Exhibits to Transcripts of Testimony by Plaintiffs re #187 MOTION to Appoint Receiver, #197 Notice (Other) #198 Notice (Other), (Attachments: #1 Exhibit 22 - Schedules for Heartland Operating Company - Part 2) (Woodruff, Joseph) Modified to delete duplicate information in text on 10/13/2009 (LMW).
October 13, 2009 Opinion or Order Filing 198 NOTICE Of Filing Exhibits to Transcripts of Testimony by Plaintiffs re #187 MOTION to Appoint Receiver, #197 Notice (Other), Notice (Other) (Attachments: #1 Exhibit 1 - Heartland Holding Asset List, #2 Exhibit 2 - September 25, 2005 PPM of Heartland Ten Well Development - Part 1, #3 Exhibit 2 - September 25, 2005 PPM of Heartland Ten Well Development - Part 2, #4 Exhibit 2 - September 25, 2005 PPM of Heartland Ten Well Development - Part 3, #5 Exhibit 2 - September 25, 2005 PPM of Heartland Ten Well Development - Part 4, #6 Exhibit 3 - August 3, 2006 PPM of Heartland Razorback Development - Part 1, #7 Exhibit 3 - August 3, 2006 PPM of Heartland Razorback Development - Part 2, #8 Exhibit 3 - August 3, 2006 PPM of Heartland Razorback Development - Part 3, #9 Exhibit 3 - August 3, 2006 PPM of Heartland Razorback Development - Part 4, #10 Exhibit 4 - Grand Jury Indictment of David Stewart, #11 Exhibit 5 - Plea Agreement, #12 Exhibit 6 - Statement of Financial Affairs for Heartland Resources, #13 Exhibit 7 - Heartland Resources Asset Sale Statement, #14 Exhibit 8 - Heartland Resources Cash Flow Statement of April 2009, #15 Exhibit 9 - Heartland Resources Cash Flow Statement of March 2009, #16 Exhibit 10 - Heartland Holding Company April 2009 Cash Flow Statement, #17 Exhibit 11 - Letter of Intent, #18 Exhibit 12 - Copy of Letter, #19 Exhibit 13 - Documents from Energy & Environment Cabinet, #20 Exhibit 14 - Deft's Response to Objection to Pltfs' Motion for Appointment of Receiver, #21 Exhibit 15 - Pltfs' Reply Memo in Support of Motion for Appt. of Receiver - Part 1, #22 Exhibit 15 - Pltfs' Reply Memo in Support of Motion for Appt. of Receiver - Part 2, #23 Exhibit 15 - Pltfs' Reply Memo in Support of Motion for Appt. of Receiver - Part 3, #24 Exhibit 16 - Cover letter & Settlement Statements, #25 Exhibit 17 - Heartland Division of Interest, #26 Exhibit 18 - Heartland Resources Balance Sheet June 10, 2009, #27 Exhibit 19 - March 2009 Hydrocarbon Operating Company dba Heartland Operating Company Cash Flow Statement, #28 Exhibit 20 - February 2009 Hydrocarbon Operating Company dba Heartland Operating Company Cash Flow Statement, #29 Exhibit 21 - State of Financial Affairs for Hydrocarbon Operating Company - Part 1, #30 Exhibit 21 - State of Financial Affairs for Hydrocarbon Operating Company - Part 2, #31 Exhibit 22 - Schedules for Heartland Operating Company - Part 1) (Woodruff, Joseph)
October 13, 2009 Opinion or Order Filing 197 NOTICE of Filing Transcripts of Testimony by Plaintiffs re #187 MOTION to Appoint Receiver (Attachments: #1 Richard Stewart Examination - Part 1, #2 Richard Stewart Examination - Part 2, #3 Diana Reynolds Examination, #4 Mark Haynes Examination - Part 1, #5 Mark Haynes Examination - Part 2, #6 David Stewart Examination) (Woodruff, Joseph)
October 9, 2009 Opinion or Order Remark re #194 Order - Copies of Order rescheduling hearing mailed this date to the following: David A. Stewart (248 Rivergreen Lane & 942 Searcy Way); D. Mark Haynes (696 Rivergreen Lane & 942 Searcy Way); Richard Stewart (170 Chambers Drive & 942 Searcy Way); Heartland Resources, Inc., Heartland Holding Company, Inc., and Heartland Operating Company, Inc. (942 Searcy Way); Heartland General and Limited Partnerships (942 Searcy Way); Chris Stewart (942 Searcy Way); and Ruth Stewart (942 Searcy Way) (CDF)
October 8, 2009 Opinion or Order Filing 196 NOTICE Withdrawing Motion for Leave to Conventionally File Transcripts of Testimony by Plaintiffs re #189 MOTION for Leave to Conventionally File Transcripits of Testimony in Support of Plaintiffs' Renewed and Restated Motion for the Appointment of a Receiver (Woodruff, Joseph)
October 6, 2009 Opinion or Order Filing 195 Proposed Order (Amended) re #187 MOTION to Appoint Receiver by Plaintiffs. (Woodruff, Joseph)
October 6, 2009 Opinion or Order Filing 194 ORDER by Magistrate Judge E. Robert Goebel on 10/6/2009. The hearing on Plaintiffs' renewed motion for appointment of receiver (DN #187 and DN #145 ) currently scheduled for 10/9/2009 is REMANDED and RESCHEDULED for 10/21/2009 01:30 PM in Bowling Green Courtroom before Magistrate Judge E. Robert Goebel.cc: Counsel, ES, PH, Mark Flener (paper) (CDF)
October 6, 2009 Opinion or Order NOTICE OF DOCKET CORRECTION re 192 MOTION for Leave to Conventionally File the Evidentiary Appendix in Support of Complaint ; Error: Filed in wrong case; Correction: Re-filed by Court in correct case (1:09CV-123-M) (CDF)
October 2, 2009 Opinion or Order Filing 193 NOTICE of Nonrepresentation of Defendants by Mark H. Flener (Flener, Mark)
October 1, 2009 Opinion or Order Filing 192 ERROR: DOCKETED IN WRONG CASE. RE-DOCKETED IN 1:09CV-123-M (DN 6).
October 1, 2009 Opinion or Order Filing 191 ORDER by Magistrate Judge E. Robert Goebel on 10/1/2009. IT IS HEREBY ORDERED that a hearing on Plaintiffs' renewed motion for appointment of receiver (DN #187 and DN #145 ) will be conducted before Magistrate Judge E. Robert Goebel on 10/9/2009 at 11:00 AM in Bowling Green Courtroom. cc: Counsel, PH, ES (CDF)
September 30, 2009 Opinion or Order Filing 190 MOTION For Rule 16 Status Conference by Plaintiff Plaintiffs Responses due by 10/19/2009 (Attachments: #1 Proposed Order) (Woodruff, Joseph)
September 30, 2009 Opinion or Order Filing 189 MOTION for Leave to Conventionally File Transcripits of Testimony in Support of Plaintiffs' Renewed and Restated Motion for the Appointment of a Receiver by Plaintiff Plaintiffs Responses due by 10/19/2009 (Attachments: #1 Proposed Order) (Woodruff, Joseph)
September 30, 2009 Opinion or Order Filing 188 Proposed Order Appointing a Receiver re #187 MOTION to Appoint Receiver by Plaintiffs. (Woodruff, Joseph)
September 29, 2009 Opinion or Order Filing 187 MOTION to Appoint Receiver by Plaintiff Plaintiffs Responses due by 10/19/2009 (Woodruff, Joseph) (Additional attachment(s) added on 10/1/2009: #1 Proposed Order) (CDF). (Additional attachment(s) added on 10/7/2009: #2 Amended Proposed Order) (CDF).
September 28, 2009 Opinion or Order Filing 186 NOTICE of Filing by Plaintiffs (Attachments: #1 In Re Hydrocarbon Operating Company, Inc., Order Granting Relief From Stay) (Woodruff, Joseph)
September 28, 2009 Opinion or Order Filing 185 NOTICE of Filing by Plaintiffs (Attachments: #1 In Re: Heartland Resources, Inc., Order Granting Relief From Stay) (Woodruff, Joseph)
August 27, 2009 Opinion or Order Filing 184 ORDER by Judge Joseph H. McKinley, Jr. on 8/27/2009 adopting #167 Findings of Fact, Conclusions of Law and Recommendation as set forth in the report submitted by the United States Magistrate Judge. IT IS HEREBY ORDERED that the merits of Plaintiffs' motion for appointment of a receiver #145 will not be addressed at this time because of the automatic stay under 11 U.S.C. 362 that became effective upon the filing of the bankruptcy petitions on behalf of Heartland Resources and Heartland Operating. Final and appealable Order. cc: Counsel (CDF)
August 19, 2009 Opinion or Order Filing 183 Report for proceedings held before Magistrate Judge E. Robert Goebel: Telephonic Conference held on 8/10/2009. Counsel will confer and notify courtroom deputy if settlement conference is wanted. cc: Counsel, Secretary to USMJ Goebel (LMW)
July 8, 2009 Opinion or Order Filing 182 ORDER granting #171 and #172 Motion of David F. Broderick to Withdraw as Attorney signed by Magistrate Judge E. Robert Goebel on 7/7/2009. Hon. David F. Broderick shall be removed from Court's electronic service. Defendants granted 30 days to retain new counsel. cc: Counsel, Secretary to USMJ Goebel (LMW)
July 7, 2009 Opinion or Order Filing 181 NOTICE of Withdrawal by Hunter Durham re #176 MOTION for Sanctions (Burnstein, Julie)
July 2, 2009 Opinion or Order Filing 179 Order for proceedings held before Magistrate Judge E. Robert Goebel: Telephonic Conference was held on 7/2/2009. IT IS HEREBY ORDERED: Should no objection to the Motion to Withdraw as Counsel of Record be filed by 7/6/2009 an Order will be signed allowing counsel to withdraw and granting Defendants 30 days to secure substitute counsel. All deadlines contained in the amended scheduling order, DN. #143 , are REMANDED. Plaintiff's depositions scheduled in August, 2009 are REMANDED. A telephonic Status Conference is set for 8/10/2009 at 01:30 PM before Magistrate Judge E. Robert Goebel. The call will be initiated by the Court. cc:counsel (PHB)
July 2, 2009 Opinion or Order Filing 178 ORDER by Magistrate Judge E. Robert Goebel on 7/2/2009 granting #163 Motion to Intervene, as to Charles A. Vice, in his official capacity as Commissioner of the Commonwealth of KY Department of Financial Institutions. cc:counsel, PH (PHB) Modified text on 7/8/2009 (CDF).
July 1, 2009 Opinion or Order Filing 177 MEMORANDUM re #176 Motion for Sanctions by Hunter Durham. (Burnstein, Julie)
July 1, 2009 Opinion or Order Filing 176 MOTION for Sanctions by Defendant Hunter Durham Responses due by 7/20/2009 (Attachments: #1 Proposed Order) (Burnstein, Julie)
June 30, 2009 Opinion or Order Filing 180 Sealed Document (re-docketing of DN 175 ) by Heartland Defendants re #135 Order. (CDF)
June 30, 2009 Opinion or Order Filing 175 Sealed Document filed by Heartland Defendants, re #135 Order on Motion for Leave to Conventionally File Revenue Statements and Expenses for Operating Entities. (PHB) Modified on 6/30/2009 (PHB). (CDF). (Document re-docketed at DN #180 .)
June 26, 2009 Opinion or Order Filing 174 AGREED ORDER by Magistrate Judge E. Robert Goebel on 6/26/2009; re #170 Proposed Agreed Order/Stipulation with Exhibit A - List of Plaintiffs. IT IS SO ORDERED: The Plaintiffs listed on Ex. A shall have through and including 6/19/2009, to provide responses to the First set of Interrogatories and Request for Production of Documents. cc:counsel, Secretary of ERG (PHB)
June 26, 2009 Opinion or Order Filing 173 ORDER by Magistrate Judge E. Robert Goebel on 06/29/2009; Telephone Conference set for 7/2/2009 at 10:00 AM before Magistrate Judge E. Robert Goebel.cc:counsel, Pat Harralson, Kelly Lovell (KL)
June 18, 2009 Opinion or Order Filing 172 Amended MOTION to Withdraw as Attorney by Defendant Heartland Defendants Responses due by 7/6/2009 (Attachments: #1 Proposed Order) (Broderick, David) Modified event text on 6/18/2009 (CDF).
June 17, 2009 Opinion or Order Filing 171 MOTION to Withdraw as Attorney by Defendant Heartland Defendants Responses due by 7/6/2009 (Attachments: #1 Proposed Order) (Broderick, David) Modified event text on 6/18/2009 (CDF).
June 3, 2009 Opinion or Order Filing 170 Proposed Agreed Order/Stipulation extending time for plaintiffs listed on Exhibit A to respond to discovery propounded by Defendant Hunter Durham by Plaintiffs and Hunter Durham. (Attachments: #1 Exhibit List of Plaintiffs) (Burnstein, Julie) Modified text (filers) on 6/4/2009 (CDF).
June 3, 2009 Opinion or Order Filing 169 ANSWER to #112 Amended Complaint,,,,,,,,,,,,, by Hunter Durham. (Burnstein, Julie)
May 26, 2009 Opinion or Order Filing 168 Sealed Exhibit re Evidentiary Hearing of 5/21/2009. (CDF)
May 26, 2009 Opinion or Order Filing 167 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION by Magistrate Judge E. Robert Goebel on 5/26/2009 re #145 SEALED MOTION for appointment of a receiver. For the foregoing reasons, the undersigned recommends that the Court not address the merits of Plaintiffs' motion for appointment of a receiver at this time because of the automatic stay under 11 USC 362 that became effective upon the filing of bankruptcy petitions on behalf of Heartland Resources and Heartland Operating. Objections due by 6/12/2009. (Attachments: #1 Proposed Order (objections), #2 Proposed Order (no objections)) cc: Counsel, PH (CDF)
May 21, 2009 Opinion or Order Proceedings held before Magistrate Judge E. Robert Goebel: Evidentiary Hearing held on 5/21/2009. (CDF)
May 21, 2009 Opinion or Order Filing 166 OATH TO COURT REPORTERS by James Dale (CDF)
May 20, 2009 Opinion or Order Filing 165 NOTICE of Filing Proposed Order by Commonwealth of Kentucky, Department of Financial Institutions re #163 MOTION - Application to Intervene. (CDF)
May 18, 2009 Opinion or Order **TEXT ONLY ENTRY - SEE DOCUMENT AT DN #163 re PETITION to Appoint Receiver by Intervenor Plaintiff Commonwealth of Kentucky, Department of Financial Institutions (CDF)
May 18, 2009 Opinion or Order Filing 164 NOTICE of Appearance by Amanda L. Blakeman on behalf of Hunter Durham (Blakeman, Amanda)
May 18, 2009 Opinion or Order Filing 163 MOTION-Application to Intervene and Petition for Appointment of Receiver by Commonwealth of Kentucky Department of Financial Institutions. Responses due by 6/5/2009 (CDF) (Additional attachment(s) added on 5/21/2009: #1 Proposed Order) (CDF).
May 15, 2009 Opinion or Order Filing 162 Sealed Document. NOTICE: The original paper document will be shredded 60 days after the filed date. (CDF)
May 15, 2009 Opinion or Order Filing 161 Sealed Document. NOTICE: The original paper document will be shredded 60 days after the filed date. (CDF)
May 14, 2009 Opinion or Order Filing 160 ORDER by Magistrate Judge E. Robert Goebel on 5/14/2009 denying #157 Motion to Continue hearing. The hearing shall proceed as scheduled on 5/21/2009. cc: Counsel, PH (CDF)
May 14, 2009 Opinion or Order NOTICE OF DOCKET CORRECTION re #159 Reply to Response to Motion; Error: Document should have been filed conventionaly under seal, as it replies to a SEALED MOTION; Correction: Document access SEALED and docket text edited to reflect SEALED Reply. (CDF)
May 13, 2009 Opinion or Order Filing 159 SEALED REPLY to Response to Motion re #145 SEALED MOTION. Plaintiff's Reply Memorandum in Support of Their Motion for Appointment of Receiver filed by Plaintiffs. (Attachments: #1 Exhibit Combs Declaration Part I, #2 Exhibit Combs Declaration Part II) (Woodruff, Joseph) Modified on 5/14/2009 to SEAL (CDF).
May 13, 2009 Opinion or Order Filing 158 RESPONSE to Motion re #157 MOTION to Continue Expedited Hearing filed by Plaintiffs. Replies due by 5/27/2009. (Woodruff, Joseph)
May 13, 2009 Opinion or Order Filing 157 MOTION to Continue Expedited Hearing by Defendant Heartland Defendants Responses due by 6/1/2009 (Attachments: #1 Proposed Order) (Broderick, David)
May 13, 2009 Opinion or Order Filing 156 NOTICE of Appearance by Julie M. Burnstein on behalf of Hunter Durham (Burnstein, Julie)
May 7, 2009 Opinion or Order Filing 155 ORDER by Magistrate Judge E. Robert Goebel on 5/7/2009 granting #144 Sealed Motion. IT IS HEREBY ORDERED that Plaintiffs' Motion for an Expedited Hearing #144 is GRANTED. IT IS FURTHER ORDERED that the hearing will be conducted before Magistrate Judge E. Robert Goebel on 5/21/2009, at 10:00 a.m. (CDT), in Bowling Green, KY. cc: Counsel, PH (CDF)
May 1, 2009 Opinion or Order Filing 154 SEALED RESPONSE to Motion re #145 SEALED MOTION. NOTICE: The original paper document will be shredded 60 days after filed date. Replies due by 5/15/2009. (CDF)
May 1, 2009 Opinion or Order Filing 153 SEALED RESPONSE to Motion re #144 SEALED MOTION. NOTICE: The original paper document will be shredded 60 days after filed date. Replies due by 5/15/2009. (CDF)
April 27, 2009 Opinion or Order Filing 152 Sealed Document. NOTICE: The original paper document will be shredded 60 days after the filed date. (CDF)
April 21, 2009 Opinion or Order Filing 151 ORDER by Magistrate Judge E. Robert Goebel on 4/21/2009 granting #149 Motion for Extension of Time to File Response/Reply. Defendants shall file their responses to Plaintiffs' motions at DN #144 and #145 , NOT LATER THAN 5/1/2009. This is the first and last extension of time the undersigned will authorize. cc: Counsel, PH (CDF)
April 21, 2009 Opinion or Order Filing 150 SEALED RESPONSE. NOTICE: The original paper document will be shredded 60 days after filed date. (CDF)
April 19, 2009 Opinion or Order Filing 149 MOTION for Extension of Time to File Response/Reply as to #144 SEALED MOTION and #145 SEALED MOTION, by Defendant Heartland Defendants. Responses due by 4/27/2009 (Attachments: #1 Proposed Order) (Broderick, David) Modified text on 4/20/2009 (CDF).
April 16, 2009 Opinion or Order Filing 148 Sealed Document. NOTICE: The original paper document will be shredded 60 days after the filed date. (CDF)
April 15, 2009 Opinion or Order Filing 147 NOTICE OF FILING UNDER SEAL by Heartland Defendants re #135 Order on Motion for Leave to,, (Broderick, David) Modified event text and filers on 4/16/2009 (CDF).
April 9, 2009 Opinion or Order Filing 146 ORDER by Judge Joseph H. McKinley, Jr on 4/7/2009; action referred to E. Robert Goebel, U. S. Magistrate Judge for a report and recommendation on dispositive matters. Said Magistrate is empowered to conduct any hearings necessary for their resolution. cc: Counsel, Case Manager & Secretary to USMJ Goebel (LMW)
April 6, 2009 Opinion or Order Filing 145 SEALED MOTION. NOTICE: The original paper document will be shredded 60 days after filed date. (PHB)
April 6, 2009 Opinion or Order Filing 144 SEALED MOTION (Attachments: #1 Proposed Order). Responses due by 4/24/2009. NOTICE: The original paper document will be shredded 60 days after filed date. (PHB)
March 31, 2009 Opinion or Order Filing 143 ORDER GRANTING JOINT MOTION TO AMEND SCHEDULING ORDER by Magistrate Judge E. Robert Goebel on 3/31/2009 granting #142 Motion to Amend. Expert Witness (Plaintiff) due by 7/1/2009. Expert Witness (Defendant) due by 9/1/2009. Pretrial Discovery due by 10/1/2009. Telephonic Status Conference scheduled for 9/8/2009 is remanded and RESCHEDULED for 10/8/2009 10:30 AM before Magistrate Judge E. Robert Goebel. cc: Counsel, PH (CDF)
March 30, 2009 Opinion or Order Filing 142 Joint MOTION to Amend/Correct Scheduling Order by Plaintiffs, Heartland Defendants, and Hunter Durham. Responses due by 4/17/2009 (Attachments: #1 Proposed Order) (Woodruff, Joseph) Modified text as to filers on 3/31/2009 (CDF).
March 24, 2009 Opinion or Order Filing 141 AMENDED PRELIMINARY INJUNCTION by Judge Joseph H. McKinley, Jr. on 3/24/2009 re #104 Preliminary Injunction. Unless already filed with the Court, each of the Defendants, including the individual Defendants other than Hunter Durham, shall, within 20 days following the entry of this Order, file with the Court (with a copy to counsel for Plaintiffs) an inventory of all assets held by such Defendant. The bond previously posted by Plaintiffs shall continue to act as bond for this Amended Preliminary Injunction. cc: Counsel (CDF)
March 24, 2009 Opinion or Order Filing 140 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 3/24/2009. IT IS HEREBY ORDERED that the motion by Hunter Durham to dismiss #126 is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the motions by Hunter Durham to dismiss #80 and for judgment on the pleadings #78 are DENIED as moot. FURTHER that the motion by Hunter Durham for oral arguments #102 is DENIED. FURTHER that the motion by the Heartland Defendants to alter, amend, or vacate #109 the preliminary injunction is GRANTED. The Court will enter an amended preliminary injunction by separate Order. cc: Counsel (CDF)
March 19, 2009 Opinion or Order Filing 139 Sealed Document (CDF)
March 17, 2009 Opinion or Order Filing 138 Sealed Document. NOTICE: The original paper document will be shredded 60 days after the filed date. (CDF)
March 12, 2009 Opinion or Order Filing 137 Notice of Filing Official Transcript re #136 Transcript of Preliminary Injunction Hearing. Please review the complete Notice for instructions. (CDF)
March 12, 2009 Opinion or Order Filing 136 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing Proceedings held on 12/18/2008, Court Reporter/Transcriber Michelle E. Kerr, Telephone number 270-689-4417. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/13/2009. Release of Transcript Restriction set for 6/10/2009. (CDF)
March 11, 2009 Opinion or Order Filing 135 ORDER granting #124 Motion for Leave to Conventionally File Revenue Statements and Expenses for Operating Entities as required by the Court's Preliminary Injunction signed by Judge Joseph H. McKinley, Jr on 3/11/2009. The Heartland Defendants shall submit revenue statements and expenses for the Operating Entities which the Clerk is directed to file under seal. Those filings shall remain under seal and not be made available to anyone other than the parties to this action or their counsel without prior leave of Court. cc: Counsel (LMW)
March 11, 2009 Opinion or Order Filing 134 SUR-REPLY to #109 Defendants' MOTION to Alter Judgment #114 and Defendants' Supplemental MOTION to Alter Judgment Preliminary Injunction filed by Plaintiffs. (LMW)
March 11, 2009 Opinion or Order Filing 133 ORDER granting #130 Motion for Leave to File Sur-Reply in Opposition to Defendants' Motion to Alter, Amend or Vacate Preliminary Injunction signed by Judge Joseph H. McKinley, Jr on 3/11/2009. The Sur-Reply is deemed filed as of the date of entry of this Order. cc: Counsel (LMW)
March 10, 2009 Opinion or Order Filing 132 RESPONSE to Motion re #130 MOTION for Leave to File Sur-Reply in Opposition to Motion to Alter, Amend or Vacate Preliminary Injunction, #109 MOTION to Alter Judgment by David F. Broderick, #114 MOTION to Amend/CorrectSupplemental MOTION to Alter Judgment this Court's Preliminary Injunction filed by Heartland Defendants. Replies due by 3/24/2009. (Attachments: #1 Proposed Order) (Broderick, David)
March 3, 2009 Opinion or Order Filing 131 RESPONSE to Motion re #126 MOTION to Dismiss First Amended Complaint, incorporating prior Response to motion to dismiss #90 , filed by Plaintiffs. Replies due by 3/17/2009. (Attachments: #1 Proposed Order) (Kinslow, Rhonda) Modified filer text on 3/3/2009 (CDF). Modified on 3/3/2009 to link to #90 (CDF).
February 27, 2009 Opinion or Order Filing 130 MOTION for Leave to File Sur-Reply in Opposition to #109 Motion and #114 Supplemental Motion to Alter, Amend or Vacate Preliminary Injunction by Plaintiff Plaintiffs Responses due by 3/17/2009 (Attachments: #1 Proposed Order, #2 Exhibit A - Plaintiffs' Sur-Reply in Opposition to Motion to Alter, Amend or Vacate Preliminary Injunction, and Plaintiffs' Proposed Preliminary Injunction) (Brinkley, Rebecca) Modified on 3/2/2009 to add links (CDF).
February 23, 2009 Opinion or Order Filing 129 REPLY to Response to Motion re #114 Supplemental MOTION to Amend/Correct MOTION to Alter Judgment this Court's Preliminary Injunction and #109 MOTION to Alter, Amend, or Vacate, filed by Heartland Defendants. (Attachments: #1 Affidavit Mark Haynes Affidavit, #2 Proposed Order Proposed Amended Preliminary Injunction) (Broderick, David) Modified links and text on 2/23/2009 (CDF).
February 17, 2009 Opinion or Order Filing 128 RESPONSE to Motion re #114 Supplemental MOTION to Amend/Correct MOTION to Alter Judgment this Court's Preliminary Injunction and #109 MOTION to Alter, Amend, or Vacate #104 Preliminary Injunction, filed by Plaintiffs. Replies due by 3/3/2009. (Attachments: #1 Proposed Order) (Woodruff, Joseph) Modified text and added link on 2/17/2009 (CDF).
February 16, 2009 Opinion or Order Filing 127 NOTICE of Filing Revenue and Expense Statement by Heartland Defendants (Broderick, David)
February 13, 2009 Opinion or Order Filing 126 MOTION to Dismiss First Amended Complaint by Defendant Hunter Durham Responses due by 3/3/2009 (Attachments: #1 Appendix Proposed Order) (Bulso, Eugene)
February 13, 2009 Opinion or Order Filing 125 Proposed Order re #124 MOTION for Leave to Conventionally File Revenue and Expense Statements by Heartland Defendants. (Broderick, David) Modified text as to filers on 2/13/2009 (CDF).
February 13, 2009 Opinion or Order Filing 124 MOTION for Leave to Conventionally File Revenue and Expense Statements by Heartland Defendants. Responses due by 3/3/2009 (Broderick, David) (Additional attachment(s) added on 2/13/2009: #1 Proposed Order) (CDF). Modified text as to filers on 2/13/2009 (CDF).
February 13, 2009 Opinion or Order Filing 123 ANSWER to #112 Amended Complaint, by Heartland Defendants. (Broderick, David) Modified text as to filers on 2/13/2009 (CDF).
February 12, 2009 Opinion or Order Filing 121 ORDER by Judge Joseph H. McKinley, Jr. on 2/11/2009; Upon review of the record, the Court notes that all Plaintiffs and Consolidated Plaintiffs are represented by the same counsel and that all Defendants are represented by the same counsel, with the exception of Defendant Hunter Durham. Based upon those findings and in order to maintain a more efficient docket, IT IS HEREBY ORDERED that the following Plaintiffs (see Order for list of Plaintiffs) shall hereinafter be referred to as "Plaintiffs." The Clerk is instructed to add "Plaintiffs" as a party to this action. Counsel shall select "Plaintiffs" when filing a pleading on behalf of all Plaintiffs. IT IS FURTHER ORDERED that the following Defendants (see Order for list of Defendants) shall hereinafter be referred to as "Heartland Defendants." The Clerk is instructed to add "Heartland Defendants" as a party to this action. Counsel for those Defendants shall select "Heartland Defendants" when filing a pleading on behalf of said Defendants. cc: Counsel (CDF)
February 11, 2009 Opinion or Order Filing 122 Sealed Document. NOTICE: The original paper document will be shredded 60 days after the filed date. (Attachments: #1 Sealed Document Part 2, #2 Sealed Document Part 3, #3 Sealed Document Part 4, #4 Sealed Document Part 5) (CDF)
February 5, 2009 Opinion or Order Filing 120 ORDER by Judge Joseph H. McKinley, Jr. on 2/4/2009 granting #116 Motion to Conventionally File Inventory of Assets. Upon entry of this Order, Defendants shall submit to the Court a hard copy of the Inventory of Assets which the Clerk is directed to file under SEAL. Said Inventory shall remain under seal and not be made available to anyone other than the parties to this action or their counsel without prior leave of the Court. cc: Counsel (CDF)
January 29, 2009 Opinion or Order Filing 118 NOTICE of Filing amended Exhibit 26 conventionally by Plaintiffs re #4 Appendix, pursuant to Order #113 . (Attachments: #1 amended Exhibit 26 to Evidentiary Appendix) (CDF)
January 29, 2009 Opinion or Order Filing 117 Proposed Order re #116 MOTION to Conventionally File Inventory of Assets by Defendants (with the exception of Hunter Durham). (Broderick, David) Modified text on 2/4/2009 (CDF).
January 28, 2009 Opinion or Order Filing 116 MOTION to Conventionally File Inventory of Assets by Defendants (with the exception of Hunter Durham). Responses due by 2/16/2009 (Broderick, David) (Additional attachment(s) added on 1/29/2009: #1 Proposed Order) (CDF). Modified text on 2/4/2009 (CDF).
January 28, 2009 Opinion or Order Filing 115 NOTICE of Filing Inventory of Assets by Defendants (with the exception of Hunter Durham). (Broderick, David) Modified text on 2/4/2009 (CDF).
January 28, 2009 Opinion or Order Filing 114 Supplemental MOTION to Alter, Amend or Vacate this Court's Preliminary Injunction, re #109 Motion to Alter, Amend or Vacate #104 Preliminary Injunction by Defendants (with the exception of Hunter Durham). Responses due by 2/16/2009 (Broderick, David) Modified link and text on 1/29/2009 (CDF). (Additional attachment(s) added on 1/29/2009: #1 Main Document, #2 Affidavit of Richard Stewart, #3 Affidavit of David Stewart) (CDF). (See Proposed Order filed at #109 .) Modified text on 2/4/2009 (CDF).
January 26, 2009 Opinion or Order Filing 113 ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO CONVENTIONALLY FILE THE EVIDENTIARY APPENDIX IN SUPPORT OF COMPLAINT by Judge Joseph H. McKinley, Jr. on 1/26/2009 granting #96 Motion for Leave to conventionally file amended exhibit 26. cc: Counsel (CDF)
January 26, 2009 Opinion or Order Filing 112 AMENDED COMPLAINT against Heartland-Razorback Development, GP, Heartland-Red River Prospect, LP, Heartland-Schreiber Joint Venture, GP, Heartland-Seven Well Development, LP, Heartland-Ten Well Development, LP, Heartland-Twelve Well Development, LP, Heartland-Suger Camp Branch Prospect, GP, Heartland-Wolff Joint Venture, LP, Ascension Financial Solutions, Inc., Music City Energy, Inc., Stewart and Haynes Properties, Ltd., Heartland Energy, LLC, Heartland-Joint Venture, LP, Heartland Resources, Inc., Heartland Holding Company, Inc., Heartland Drilling, Inc., Heartland Operating Company, Inc., Heartland Excavating, Inc., Heartland Investment Properties, LLC, Heartland Joint Venture, LP, David A. Stewart, D. Mark Haynes, Richard E. Stewart, Chris Stewart, Ruth Stewart, Stewart Family Trust, Stewart Family Limited Partnership #1, Haynes Family Trust, Haynes Family Limited Partnership #1, Hunter Durham, Heartland-Allen #1 Joint Venture, LP, Heartland-Appalachian Development, LP, Heartland-Client Appreciation Program, GP, Heartland-Coles Branch Prospect, GP, Heartland-Coles Branch #2, LP, Heartland-Coles Branch Prospect #3, LP, Heartland-Coles Branch Prospect #4 & 5, GP, Heartland-Eastern Kentucky Development, GP, Heartland-Hinkle Branch Development GP, Heartland-Joaquin Prospect, GP, Heartland-Joaquin Prospect #2, GP, Heartland-Joaquin Prospect #3, GP, Heartland-Joaquin Prospect #4 & #5, GP, Heartland-Marathon McCoy #1 Re-Drill, GP, Heartland-Prairie Fire #1, GP, filed by Henry Ehrlich, Kathleen Ehrlich, George R. Kempton Trust, Linda Robertson, Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Able Fence Co. Profit Sharing Plan, Mary Susan Arditi, Edward G. Adams, Bryan Boyd, Sherri Boyd, Dan Boyd, Martha Boyd, Kendall Caputo, Rose M. Andrek, Nancy Chew, Henry Peter Doble, Jr, Eric Ebeling, Jennifer Fremgen, Marietta Enterprises #2, LLC, Marietta Investments, LLC, The Thomas G. Marks Living Trust Dated 1/13/86, Lisa Pfenning, Thomas Fremgen, Jr, Stuart Robertson, Arthur Schreiber, Jr, Mary Lou Schreiber, Arthur Schreiber, III, Shelley J. Schreiber, Steven Schreiber, Shawna Schreiber, Jerald Schreiber, Mary Ann Schreiber, Whitefish #1, LLC, Frank G. Wilkes, Carol F. Wilkes, Brent Butler. (CDF)
January 26, 2009 Opinion or Order Filing 111 ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Judge Joseph H. McKinley, Jr. on 1/26/2009 granting #94 Motion for Leave to file first amended complaint. cc: Counsel (CDF)
January 21, 2009 Opinion or Order Filing 119 Cash BOND in the amount of $ $50,000 posted by Waller, Lansden, Dortch and Davis, Receipt No. L33017412 on behalf of Plaintiffs per #104 (LMW)
January 20, 2009 Opinion or Order Filing 110 Proposed Order Amending Preliminary Injunction re #109 MOTION to Alter Judgment by David F. Broderick by Defendants (with the exception of Hunter Durham). (Broderick, David) Modified text on 2/4/2009 (CDF).
January 20, 2009 Opinion or Order Filing 109 MOTION to Alter, Amend, or Vacate #104 Preliminary Injunction by David F. Broderick by Defendants (with the exception of Hunter Durham). Responses due by 2/9/2009 (Broderick, David) Modified to add link and edit text on 1/21/2009 (CDF). (Additional attachment(s) added on 1/21/2009: #1 Proposed Amended Preliminary Injunction) (CDF). Modified text on 2/4/2009 (CDF).
January 16, 2009 Opinion or Order Filing 108 ORDER by Judge Joseph H. McKinley, Jr. on 1/16/2009. On 1/8/2009, the Court granted the Plaintiffs' motion for a preliminary injunction #104 and ordered Plaintiffs to post a $50,000 bond with the Court. The Clerk of Court is directed to deposit those funds in an interest-bearing account to be distributed only upon further order of this Court. cc: Counsel, Finance (CDF)
January 15, 2009 Opinion or Order Filing 107 ORDER OF ADMINISTRATIVE DISMISSAL AND CONSOLIDATION OF FILES by Judge Joseph H. McKinley, Jr. on 1/15/2009. By Order entered 11/24/2008 #76 , the above-referenced cases were consolidated. Therefore, IT IS HEREBY ORDERED that Civil Action Number 1:08CV-143-M is administratively DISMISSED and all complaints, causes of action, answers, defenses, and other pleadings in the dismissed case shall be incorporated by reference now as part of the lead case, Civil Action Number 1:08CV-94-M. The dismissed case file shall be made a part of the lead case file. cc: Counsel (CDF)
January 14, 2009 Opinion or Order Filing 106 NOTICE of Filing by Plaintiffs re #94 MOTION for Leave to File First Amended Complaint (Attachments: #1 Exhibit First Amended Complaint) (Brinkley, Rebecca) Modified text on 2/4/2009 (CDF).
January 12, 2009 Opinion or Order Filing 105 NOTICE of Filing by Plaintiffs re #94 MOTION for Leave to File First Amended Complaint (Attachments: #1 Exhibit First Amended Complaint) (Brinkley, Rebecca) Modified text on 2/4/2009 (CDF).
January 8, 2009 Opinion or Order Filing 104 PRELIMINARY INJUNCTION by Judge Joseph H. McKinley, Jr. on 1/8/2009. Within 20 days following the entry of this Order, each of the Defendants, including the individual Defendants other than Hunter Durham, shall file with the Court (with a copy to counsel for Plaintiffs) an inventory of all assets held by such Defendant. Pursuant to Rule 65(c) of the Federal Rules of Civil Procedure, the Plaintiffs shall post a bond in the amount of $50,000. (See Order for further details.) cc: Counsel (CDF)
January 8, 2009 Opinion or Order Filing 103 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 1/8/2009. The Court finds that a preliminary injunction freezing the defendants' assets is warranted. IT IS HEREBY ORDERED that the plaintiffs' motion for a preliminary injunction #2 is GRANTED and the plaintiffs' motion for a temporary restraining order #83 is DENIED AS MOOT. The Court will enter a preliminary injunction by separate Order. cc: Counsel (CDF)
December 29, 2008 Opinion or Order Filing 102 MOTION for Hearing re #78 MOTION for Judgment on the Pleadings in Case No. 1:08-CV-94-M, #80 MOTION to Dismiss for Failure to State a Claim in Case No. 1:08-CV-143 by Defendant Hunter Durham, Consol Defendant Hunter Durham Responses due by 1/16/2009 (Attachments: #1 Appendix Proposed Order) (Bulso, Eugene)
December 29, 2008 Opinion or Order Filing 101 REPLY to Response to Motion re #80 MOTION to Dismiss for Failure to State a Claim in Case No. 1:08-CV-143 filed by Hunter Durham. (Attachments: #1 Appendix Westlaw case, USDC SDOH, Moran v. A/C Financial, Inc., 2007 WL 2769664 (S.D. Ohio 2007)) (Bulso, Eugene)
December 29, 2008 Opinion or Order Filing 100 REPLY to Response to Motion re #78 MOTION for Judgment on the Pleadings in Case No. 1:08-CV-94-M filed by Hunter Durham. (Attachments: #1 Appendix Wstlaw case, USDC SDOH, Moran v. A/C Financial, Inc., 2007 WL 2769664 (S.D. Ohio 2007)) (Bulso, Eugene)
December 29, 2008 Opinion or Order Filing 99 Proposed Order Regarding Plaintiffs' Motion for Preliminary Injunction re #2 by Defendants (with the exception of Hunter Durham). (Broderick, David) Modified text on 2/4/2009 (CDF).
December 24, 2008 Opinion or Order Filing 98 NOTICE of Filing of Plaintiffs' Proposed Statement of Preliminary Junction re #2 Motion for Preliminary Injunction, by Plaintiffs. (Attachments: #1 Exhibit Plaintiffs' Proposed Statement of Preliminary Injunction) (Woodruff, Joseph) Modified text on 12/29/2008 (CDF). Modified text on 2/4/2009 (CDF).
December 22, 2008 Opinion or Order Filing 97 ORDER by Magistrate Judge E. Robert Goebel on 12/20/2008 granting #93 Motion to Withdraw as Attorney. Paul Kevin Hackworth terminated. cc: Counsel, PH (CDF)
December 19, 2008 Opinion or Order Filing 96 MOTION for Leave to Conventionally File Amended Exhibit 26 To the Evidentiary Appendix by Plaintiffs. Responses due by 1/6/2009 (Attachments: #1 Proposed Order) (Woodruff, Joseph) Modified text on 2/4/2009 (CDF).
December 19, 2008 Opinion or Order Filing 95 MEMORANDUM re #94 Motion for Leave to,,,,,,,, by Plaintiffs. (Woodruff, Joseph) Modified text on 2/4/2009 (CDF).
December 19, 2008 Opinion or Order Filing 94 MOTION for Leave to File First Amended Complaint by Plaintiffs. Responses due by 1/6/2009 (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Proposed Order) (Woodruff, Joseph) (Additional attachment(s) added on 1/13/2009: #4 tendered Amended Complaint (corrected)) (CDF). (Additional attachment(s) added on 1/15/2009: #5 2nd tendered First Amended Complaint (with corrected caption)) (CDF). Modified text on 2/4/2009 (CDF).
December 19, 2008 Opinion or Order Filing 93 MOTION to Withdraw as Attorney by Defendants (with the exception of Hunter Durham). Responses due by 1/6/2009 (Attachments: #1 Proposed Order Granting Motion to Withdraw as Counsel) (Hackworth, Paul) Modified text on 2/4/2009 (CDF).
December 16, 2008 Opinion or Order Filing 92 ORDER by Judge Joseph H. McKinley, Jr. (EBOC) on 12/16/2008; Evidentiary Hearing scheduled for 12/17/2008, is continued to 12/18/2008 09:00 AM CST in Bowling Green Courtroom before Judge Joseph H. McKinley Jr. cc: Counsel (CDF)
December 16, 2008 Opinion or Order Filing 91 NOTICE OF ADOPTION AND INCORPORATION OF MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION AND DECLARATION OF MARK HAYNES re #2 Motion for Preliminary Injunction by Defendants (with the exception of Hunter Durham), re #35 Response to Motion,,,,,,, #36 Affidavit,,,,,, (Broderick, David) Modified to add link to #2 on 12/17/2008 (CDF). Modified text on 2/4/2009 (CDF).
December 15, 2008 Opinion or Order Filing 90 RESPONSE to Motion re #80 MOTION to Dismiss for Failure to State a Claim in Case No. 1:08-CV-143 filed by Plaintiffs. Replies due by 12/29/2008. (Attachments: #1 Suppa v. Montano, #2 Proposed Order) (Woodruff, Joseph) Modified text on 2/4/2009 (CDF).
December 15, 2008 Opinion or Order Filing 89 RESPONSE to Motion re #78 MOTION for Judgment on the Pleadings in Case No. 1:08-CV-94-M filed by Plaintiffs. Replies due by 12/29/2008. (Attachments: #1 Suppa v. Montano, #2 Bennett v. Visa, #3 Johnson v. Hancock, #4 Proposed Order) (Woodruff, Joseph) Modified text on 2/4/2009 (CDF).
December 15, 2008 Opinion or Order Filing 88 ORDER by Judge Joseph H. McKinley, Jr. (EBOC) on 12/15/2008; Evidentiary Hearing scheduled for 12/16/2008 is continued to 12/17/2008 01:30 PM CST in Bowling Green Courtroom before Judge Joseph H. McKinley Jr.cc: Counsel (CDF)
December 14, 2008 Opinion or Order Filing 87 ANSWER to #1 Complaint, with Jury Demand by Defendants (with the exception of Hunter Durham). (Broderick, David) Modified text on 2/4/2009 (CDF).
December 12, 2008 Opinion or Order Filing 86 ORDER by Judge Joseph H. McKinley, Jr on 12/12/2008 denying #77 Motion to Continue Evidentiary Hearing. cc:counsel (PHB)
December 8, 2008 Opinion or Order Filing 85 RESPONSE to Motion re #83 MOTION for Temporary Restraining Order, #2 Motion for Preliminary Injunction filed by Hunter Durham. Replies due by 12/22/2008. (Bulso, Eugene)
December 8, 2008 Opinion or Order Filing 84 Proposed Order Granting Conditional Continuance of Hearing on Motion for Temporary Injunction re #82 Response to Motion and #83 MOTION for Temporary Restraining Order by Plaintiffs. (Woodruff, Joseph) Modified text and link on 12/8/2008 (CDF).
December 5, 2008 Opinion or Order Filing 83 ALTERNATIVE MOTION for Temporary Restraining Order by Plaintiffs (See original filing as a Response to Motion #82 ). Responses due by 12/23/2008 (CDF) (Additional attachment(s) added on 12/8/2008: #1 Proposed Order) (CDF).
December 5, 2008 Opinion or Order Filing 82 RESPONSE to Motion re #77 MOTION to Continue Evidentiary Hearing, #2 filed by Plaintiffs. Replies due by 12/19/2008. (Woodruff, Joseph) (Additional attachment(s) added on 12/8/2008: #1 Proposed Order) (CDF). Modified text on 2/4/2009 (CDF).
November 26, 2008 Opinion or Order Filing 81 MEMORANDUM re #80 Motion to Dismiss (Attachments: #1 Appendix Westlaw case, USDC EDPA, Marra v. Tel-Save Holdings, Inc., 1999 WL 317103 (E.D.Pa. 1999), #2 Appendix Westlaw case, USDC EDPA, Ravens v. Republic New York Corp., 2002 WL 1969651 (E.D.Pa. 2002), #3 Appendix Westlaw case, USDC DKAN, Ames v. Uranus, Inc. et al, 1994 WL 482626 (D. Kan. 1994)) by Hunter Durham. (Bulso, Eugene)
November 26, 2008 Opinion or Order Filing 80 MOTION to Dismiss for Failure to State a Claim in Case No. 1:08-CV-143 by Consol Defendant Hunter Durham Responses due by 12/15/2008 (Attachments: #1 Proposed Order) (Bulso, Eugene)
November 26, 2008 Opinion or Order Filing 79 MEMORANDUM re #78 Motion for Judgment on the Pleadings (Attachments: #1 Appendix Westlaw case, USDC EDPA, Marra v. Tel-Save Holdings, Inc, 1999 WL 317103 (E.D. Pa. 1999), #2 Appendix Westlaw case, USDC EDPA, Ravens v. Republic New York Corp., 2002 WL 1969651 (E.D. Pa. 2002), #3 Appendix Westlaw case, USDC DKAN, Ames v. Uranus, Inc. et al, 1994 WL 482626 (D. Kan. 1994), #4 Appendix Westlaw case, Ky. App., Cincinnati Insurance Co. v. Hofmeister, 2008 WL 4601140 (Ky. App. Oct. 17, 2008)) by Hunter Durham. (Bulso, Eugene)
November 26, 2008 Opinion or Order Filing 78 MOTION for Judgment on the Pleadings in Case No. 1:08-CV-94-M by Defendant Hunter Durham Responses due by 12/15/2008 (Attachments: #1 Proposed Order) (Bulso, Eugene)
November 25, 2008 Opinion or Order Filing 77 MOTION to Continue Evidentiary Hearing by Defendants (with the exception of Hunter Durham). Responses due by 12/15/2008 (Attachments: #1 Proposed Order Continuing Evidentiary Hearing) Associated Cases: 1:08-cv-00094-JHM-ERG, 1:08-cv-00143-JHM-ERG (Broderick, David) Modified text on 2/4/2009 (CDF).
November 24, 2008 Opinion or Order Filing 76 ORDER granting #71 Motion to Consolidate Cases signed by Judge Joseph H. McKinley, Jr on 11/24/2008. All pleadings after the date of entry of this Order shall be filed in Case No. 1:08-CV-94-M. cc: Counsel (LMW)
November 21, 2008 Opinion or Order Filing 75 ORDER by Judge Joseph H. McKinley, Jr. on 11/21/2008; Evidentiary Hearing on Plaintiffs' motion for preliminary injunction #2 set for 12/16/2008 01:30 PM CST in Bowling Green Courtroom before Judge Joseph H. McKinley Jr. cc: Counsel (CDF)
November 21, 2008 Opinion or Order Filing 74 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 11/21/2008; For the reasons set forth, IT IS HEREBY ORDERED that the Defendants' motion to dismiss #29 is DENIED. A hearing on the Plaintiffs' motion for a preliminary injunction #2 will be set by separate order. cc: Counsel (CDF)
November 5, 2008 Opinion or Order Filing 73 Order for proceedings held before Magistrate Judge E. Robert Goebel: Telephonic Scheduling Conference held on 11/3/2008. Rule 26(a)(1) Disclosure due by 12/15/2008. Dispositive Motions due by 10/15/2009. Daubert Motion due by 10/15/2009. Expert Witness (Plaintiff) due by 4/1/2009. Expert Witness (Defendant) due by 6/1/2009. Joinder of Parties due by 1/15/2009. Amended Pleadings due by 1/15/2009. Discovery due by 9/1/2009. Telephonic Status Conference set for 9/8/2009 at 09:00 AM before Magistrate Judge E. Robert Goebel. The Court will place the call. See Order for specifics. cc: Counsel, Secretary to USMJ Goebel (LMW)
October 29, 2008 Opinion or Order Filing 72 MEMORANDUM IN SUPPORT re #71 Motion to Consolidate Cases, by Plaintiffs and Defendants. (Brinkley, Rebecca) Modified text on 10/30/2008 (CDF). Modified text on 2/4/2009 (CDF).
October 29, 2008 Opinion or Order Filing 71 Joint MOTION to Consolidate Cases by Plaintiffs and Defendants. Responses due by 11/17/2008 (Attachments: #1 Proposed Order) (Brinkley, Rebecca) Modified text on 2/4/2009 (CDF).
October 17, 2008 Opinion or Order Filing 70 ORDER by Magistrate Judge E. Robert Goebel on 10/16/2008 granting #65 Motion to Strike 64 MOTION to Withdraw as Attorney and striking 64 Motion to Withdraw as Attorney. cc: Counsel, Secretary to ERG (CDF)
October 16, 2008 Opinion or Order Filing 69 REPORT of Rule 26(f) Planning Meeting by Plaintiffs and Defendants. (Brinkley, Rebecca) Modified text on 2/4/2009 (CDF).
October 15, 2008 Opinion or Order Filing 68 ORDER granting #66 Motion to Appear Pro Hac Vice of Eugene N. Bulso, Jr. signed by Magistrate Judge E. Robert Goebel on 10/14/2008. cc: Counsel (LMW)
October 10, 2008 Opinion or Order Response to #67 Notice of Deficiency filed by Hunter Durham. (LMW)
October 9, 2008 Opinion or Order Filing 67 NOTICE of Deficiency re #65 Motion to Strike, and #66 Motion to Appear Pro Hac Vice : failure to comply by filing proposed orders will be brought to the attention of the Court. Response due by 10/17/2008. (LMW)
October 7, 2008 Opinion or Order Filing 66 MOTION for Eugene N. Bulso, Jr. to Appear Pro Hac Vice Filing fee $ 65, Rec B33000778,by Defendant Hunter Durham. Responses due by 10/27/2008 (Attachments: #1 Written Consent, #2 Affidavit of Eugene N. Bulso, Jr.) (LMW) (Additional attachment(s) added on 10/10/2008: #3 Proposed Order) (LMW).
October 7, 2008 Opinion or Order Filing 65 MOTION to Strike 64 MOTION to Withdraw as Attorney by Defendant Hunter Durham Responses due by 10/27/2008 (LMW) (Additional attachment(s) added on 10/16/2008: #1 Proposed Order) (CDF).
October 3, 2008 Opinion or Order Filing 64 **STRICKEN PURSUANT TO ORDER DN #70 ** MOTION to Withdraw as Attorney, Eugene N. Bulso, Jr. by Defendant Hunter Durham. Responses due by 10/21/2008. (Attachments: # 1 Proposed Order) (PHB) Modified on 10/17/2008 to show stricken (CDF).
September 18, 2008 Opinion or Order Filing 63 ORDER by Judge Joseph H. McKinley, Jr. (EBOC) on 9/18/2008 granting #61 Motion for a Rule 16 conference. Telephonic Rule 16 Scheduling Conference set for 11/3/2008 09:30 AM CST before Magistrate Judge E. Robert Goebel. No later than 10/10/2008, parties shall conduct meeting required by Rule 26(f) and file Rule 26 Meeting Report by 10/24/2008. cc: Counsel, Case Manager & Secretary to ERG (CDF)
August 27, 2008 Opinion or Order Filing 62 NOTICE OF DOCKET CORRECTION Re:PDF Error: incomplete document attached to docket entry by efiler re: #61 MOTION For Rule 16 Conference ; Correct document attached to this entry. (Brinkley, Rebecca)
August 26, 2008 Opinion or Order Filing 61 MOTION For Rule 16 Conference by Plaintiffs. Responses due by 9/15/2008 (Attachments: # 1 Proposed Order) (Brinkley, Rebecca) (Additional attachment(s) added on 8/28/2008: #2 Proposed Order) (CDF). Modified text on 2/4/2009 (CDF).
July 29, 2008 Opinion or Order Filing 60 ORDER ALLOWING SUBSTITUTION AND WITHDRAWAL OF COUNSEL by Magistrate Judge E. Robert Goebel on 7/29/2008 granting #57 Motion to Substitute Attorney. Steven A. Riley, Timothy L. Warnock, and Seth M. McInteer are withdrawn as counsel and David Broderick and Kevin Hackworth are substituted as counsel for all Defendants except Hunter Durham. cc: Counsel, Secretary to ERG (CDF)
July 29, 2008 Opinion or Order Filing 59 ORDER by Magistrate Judge E. Robert Goebel on 7/29/2008 granting #55 Motion to Appear Pro Hac Vice, as to H. Wynne James, III. cc: Counsel, Secretary to ERG (CDF)
July 25, 2008 Opinion or Order Filing 58 Proposed Order re #57 MOTION to Substitute Attorney by Defendant (with the exception of Hunter Durham). (Riley, Steven) Modified text on 2/4/2009 (CDF).
July 25, 2008 Opinion or Order Filing 57 MOTION to Substitute Attorney by Defendants (with the exception of Hunter Durham). Responses due by 8/12/2008 (Riley, Steven) (Additional attachment(s) added on 7/28/2008: #1 Proposed Order) (CDF). Modified text on 2/4/2009 (CDF).
July 18, 2008 Opinion or Order Filing 56 ANSWER to #1 Complaint, with Jury Demand by Hunter Durham. (Darrell, Barton)
July 18, 2008 Opinion or Order Filing 55 MOTION for H. Wynne James, III to Appear Pro Hac Vice Filing fee $ 65, receipt number 06440000000000740796.by Plaintiffs. Responses due by 8/5/2008 (Attachments: #1 Affidavit of H. Wynne James, III, #2 Proposed Order) (Walker, Paula) Modified text on 2/4/2009 (CDF).
July 17, 2008 Opinion or Order Filing 54 ORDER by Magistrate Judge E. Robert Goebel on 7/16/2008 granting #49 Motion to Appear Pro Hac Vice, as to Joseph A. Woodruff. cc: Counsel, Secretary to ERG (CDF)
July 17, 2008 Opinion or Order Filing 53 ORDER by Magistrate Judge E. Robert Goebel on 7/16/2008 granting #51 Motion to Appear Pro Hac Vice, as to Rhonda Scott Kinslow. cc: Counsel, Secretary to ERG (CDF)
July 17, 2008 Opinion or Order Filing 52 ORDER by Magistrate Judge E. Robert Goebel on 7/16/2008 granting #50 Motion to Appear Pro Hac Vice, as to Rebecca Brinkley. cc: Counsel, Secretary to ERG (CDF)
July 14, 2008 Opinion or Order Filing 51 MOTION for Rhonda Scott Kinslow to Appear Pro Hac Vice Filing fee $ 65, receipt number 06440000000000738311 by Plaintiffs. Responses due by 8/1/2008 (Attachments: #1 Affidavit of Rhonda Scott Kinslow, #2 Proposed Order) (Walker, Paula) Modified text on 2/4/2009 (CDF).
July 14, 2008 Opinion or Order Filing 50 MOTION for Rebecca Brinkley to Appear Pro Hac Vice Filing fee $ 65, receipt number 06440000000000738301 by Plaintiffs. Responses due by 8/1/2008 (Attachments: #1 Affidavit of Rebecca Brinkley, #2 Proposed Order) (Walker, Paula) Modified text on 2/4/2009 (CDF).
July 14, 2008 Opinion or Order Filing 49 MOTION for Joseph A. Woodruff to Appear Pro Hac Vice Filing fee $ 65, receipt number 06440000000000738286 by Plaintiffs. Responses due by 8/1/2008 (Attachments: #1 Affidavit of Joseph A. Woodruff, #2 Proposed Order) (Walker, Paula) Modified text on 2/4/2009 (CDF).
July 7, 2008 Opinion or Order Filing 48 ATTORNEY NOTICE of Deficiency as to Seth M. McInteer (no PHV motion) re #40 Case Transferred In - District Transfer : failure to comply will be brought to the attention of the Court. Response due by 7/21/2008. (CSD)
July 7, 2008 Opinion or Order Filing 47 ATTORNEY NOTICE of Deficiency as to Timothy L. Warnock re #40 Case Transferred In - District Transfer : failure to comply will be brought to the attention of the Court. Response due by 7/21/2008. (CSD)
July 7, 2008 Opinion or Order Filing 46 ATTORNEY NOTICE of Deficiency as to Rhonda A. Scott (no PHV motion) re #40 Case Transferred In - District Transfer : failure to comply will be brought to the attention of the Court. Response due by 7/21/2008. (CSD)
July 7, 2008 Opinion or Order Filing 45 ATTORNEY NOTICE of Deficiency as to Harrison Wynne James III (no PHV motion) re #40 Case Transferred In - District Transfer : failure to comply will be brought to the attention of the Court. Response due by 7/21/2008. (CSD)
July 7, 2008 Opinion or Order Filing 44 ATTORNEY NOTICE of Deficiency as to Eugene N. Bulso, Jr. (no PHV motion) re #40 Case Transferred In - District Transfer : failure to comply will be brought to the attention of the Court. Response due by 7/21/2008. (CSD)
July 7, 2008 Opinion or Order Filing 43 ORDER OF REFERRAL by Judge Joseph H. McKinley, Jr. (EBOC) on 7/7/2008; Referring Case to Magistrate Judge E. Robert Goebel, pursuant to 28:636(b)(1)(A), for disposition of all pretrial motions with the exception of dispositive motions. cc: Counsel; Magistrate Judge, Case Manager & Secretary (CDF)
July 7, 2008 Opinion or Order Filing 42 Clerk's NOTICE re #40 Case Transferred In - District Transfer from MD/TN. (CDF)
July 3, 2008 Opinion or Order Filing 41 Case Assignment (Random Selection): Case Assigned to Judge Josseph H. McKinley, Jr. (CSD)
July 3, 2008 Opinion or Order Filing 40 Case transferred in from District of Tennessee Middle; Case Number 3:08-cv-00513. Original file with documents numbered 1 - 39, certified copy of transfer order and docket sheet received. (DeBow, Carolyn)
June 30, 2008 Opinion or Order Filing 39 ORDER: For the reasons expressed in the accompanying Memorandum, the Motion to Dismiss for Lack of Jurisdiction, Improper Venue and Insufficient Service of Process or, in the Alternative, to Transfer #29 is GRANTED in part. This case is transferred to the United States District Court for the Western District of Kentucky. This court declines to rule on the questions of jurisdiction raised by the defendants in their motion. Signed by District Judge Aleta A. Trauger on 6/30/08. (dt) [Transferred from tnmd on 7/3/2008.]
June 30, 2008 Opinion or Order Filing 38 MEMORANDUM AND OPINION. Signed by District Judge Aleta A. Trauger on 6/30/08. (dt) [Transferred from tnmd on 7/3/2008.]
June 27, 2008 Opinion or Order Filing 37 ORDER: The preliminary injunction hearing scheduled for Monday, June 30, 2008, at 2:00 p.m. is CANCELLED. The court will be granting the defendants'alternative Motion to Transfer #29 , with an accompanying memorandum, early next week. Signed by District Judge Aleta A. Trauger on 6/27/08. (dt) [Transferred from tnmd on 7/3/2008.]
June 26, 2008 Opinion or Order Filing 36 DECLARATION of Mark Haynes filed by Heartland-Razorback Development, GP, Heartland-Red River Prospect, LP, Heartland-Schreiber Joint Venture, GP, Heartland-Seven Well Development, LP, Heartland-Ten Well Development, LP, Heartland-Twelve Well Development, LP, Heartland-Suger Camp Branch Prospect, GP, Heartland-Wolff Joint Venture, LP, Ascension Financial Solutions, Inc., Music City Energy, Inc., Stewart and Haynes Properties, Ltd., Heartland Energy, LLC, Heartland-Joint Venture, LP, Heartland Resources, Inc., Heartland Holding Company, Inc., Heartland Drilling, Inc., Heartland Operating Company, Inc., Heartland Excavating, Inc., Heartland Investment Properties, LLC, Heartland Joint Venture, LP, David A. Stewart, Richard E. Stewart, Chris Stewart, Ruth Stewart, Stewart Family Trust, Stewart Family Limited Partnership #1, Haynes Family Trust, Haynes Family Limited Partnership #1, Heartland-Allen #1 Joint Venture, LP, Heartland-Appalachian Development, LP, Heartland-Client Appreciation Program, GP, Heartland-Coles Branch Prospect, GP, Heartland-Coles Branch #2, LP, Heartland-Coles Branch Prospect #3, LP, Heartland-Coles Branch Prospect #4 & 5, GP, Heartland-Eastern Kentucky Development, GP, Heartland-Hinkle Branch Development GP, Heartland-Joaquin Prospect, GP, Heartland-Joaquin Prospect #2, GP, Heartland-Joaquin Prospect #3, GP, Heartland-Joaquin Prospect #4 & #5, GP, Heartland-Marathon McCoy #1 Re-Drill, GP, Heartland-Prairie Fire #1, GP re: #35 Response in Opposition to Motion,,,,,,. (Warnock, Timothy) [Transferred from tnmd on 7/3/2008.] Modified on 12/17/2008 to link to #2 and #35 (CDF).
June 26, 2008 Opinion or Order Filing 35 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Heartland-Razorback Development, GP, Heartland-Red River Prospect, LP, Heartland-Schreiber Joint Venture, GP, Heartland-Seven Well Development, LP, Heartland-Ten Well Development, LP, Heartland-Twelve Well Development, LP, Heartland-Suger Camp Branch Prospect, GP, Heartland-Wolff Joint Venture, LP, Ascension Financial Solutions, Inc., Music City Energy, Inc., Stewart and Haynes Properties, Ltd., Heartland Energy, LLC, Heartland-Joint Venture, LP, Heartland Resources, Inc., Heartland Holding Company, Inc., Heartland Drilling, Inc., Heartland Operating Company, Inc., Heartland Excavating, Inc., Heartland Investment Properties, LLC, Heartland Joint Venture, LP, David A. Stewart, Richard E. Stewart, Chris Stewart, Ruth Stewart, Stewart Family Trust, Stewart Family Limited Partnership #1, Haynes Family Trust, Haynes Family Limited Partnership #1, Heartland-Allen #1 Joint Venture, LP, Heartland-Appalachian Development, LP, Heartland-Client Appreciation Program, GP, Heartland-Coles Branch Prospect, GP, Heartland-Coles Branch #2, LP, Heartland-Coles Branch Prospect #3, LP, Heartland-Coles Branch Prospect #4 & 5, GP, Heartland-Eastern Kentucky Development, GP, Heartland-Hinkle Branch Development GP, Heartland-Joaquin Prospect, GP, Heartland-Joaquin Prospect #2, GP, Heartland-Joaquin Prospect #3, GP, Heartland-Joaquin Prospect #4 & #5, GP, Heartland-Marathon McCoy #1 Re-Drill, GP, Heartland-Prairie Fire #1, GP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Case Law, #4 Case Law, #5 Case Law, #6 Case Law, #7 Case Law, #8 Case Law)(Warnock, Timothy)[Transferred from tnmd on 7/3/2008.] Modified on 12/17/2008 to link to #2 (CDF).
June 25, 2008 Opinion or Order Filing 34 RESPONSE in Opposition to #29 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue and Insufficient Service of Process or, in the alternative, to Transfer Pursuant to 28 U.S.C. section 1404 filed by Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler. (Attachments: #1 Exhibit Gomberg v. Shosid, #2 Exhibit Hodnett v. Heartland, #3 Exhibit Blue Sky Law Securities, #4 Exhibit Ito v. Prescott, #5 Exhibit Hall v. Superior Court, #6 Exhibit Hasler v. Aircenter, #7 Exhibit Nat'l Indep. Pharmacy Coalition v. American Pharmacy Co-op)(Scott, Rhonda) Modified Text on 6/26/2008 (dt). [Transferred from tnmd on 7/3/2008.]
June 24, 2008 Opinion or Order Filing 33 RESPONSE in Support re #29 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue and Insufficient Service of Process or, in the alternative, to Transfer Pursuant to 28 U.S.C. section 1404 filed by Hunter Durham. (Attachments: #1 Appendix Docket Sheet, USDC WDKY, Hodnett v. Heartland Resources, Inc. et al, Case No. 07-cv-00188-JHM-ERG, #2 Appendix Docket Sheet, USDC WDKY, George v. Heartland Resources, Inc. et al, Case No. 06-cv-00182-JHM-ERG, #3 Appendix Westlaw case, USDC SDNY, Ato Ram II, Ltd. v. SMC Multimedia Corp., 2004 WL 744792 (S.D.N.Y. 2004), #4 Appendix Order filed June 30, 2005, in USDC WDOK, Wootten v. Heartland Resources, Inc. et al, Case No. CIV-05-360-T, #5 Appendix Docket Sheet, USDC WDKY, Wootten v. Heartland Resources, Inc. et al, Case No. 05-cv-00096-JHM-ERG, #6 Appendix Westlaw Case, USDC MDTN, Winnett v. Caterpillar Inc., 2006 WL 1722434 (M.D. Tenn. 2006), #7 Appendix Westlaw Case, USDC MDTN, Rejects Skate Magazine, Inc. v. Acutrack, Inc., 2006 WL 889501 (M.D. Tenn. 2006))(Bulso, Eugene) [Transferred from tnmd on 7/3/2008.]
June 19, 2008 Opinion or Order Filing 32 MEMORANDUM in Support of #29 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue and Insufficient Service of Process or, in the alternative, to Transfer Pursuant to 28 U.S.C. section 1404 filed by Heartland-Razorback Development, GP, Heartland-Red River Prospect, LP, Heartland-Schreiber Joint Venture, GP, Heartland-Seven Well Development, LP, Heartland-Ten Well Development, LP, Heartland-Twelve Well Development, LP, Heartland-Suger Camp Branch Prospect, GP, Heartland-Wolff Joint Venture, LP, Ascension Financial Solutions, Inc., Music City Energy, Inc., Stewart and Haynes Properties, Ltd., Heartland Energy, LLC, Heartland-Joint Venture, LP, Heartland Resources, Inc., Heartland Holding Company, Inc., Heartland Drilling, Inc., Heartland Operating Company, Inc., Heartland Excavating, Inc., Heartland Investment Properties, LLC, Heartland Joint Venture, LP, David A. Stewart, Richard E. Stewart, Chris Stewart, Ruth Stewart, Stewart Family Trust, Stewart Family Limited Partnership #1, Haynes Family Trust, Haynes Family Limited Partnership #1, Heartland-Allen #1 Joint Venture, LP, Heartland-Appalachian Development, LP, Heartland-Client Appreciation Program, GP, Heartland-Coles Branch Prospect, GP, Heartland-Coles Branch #2, LP, Heartland-Coles Branch Prospect #3, LP, Heartland-Coles Branch Prospect #4 & 5, GP, Heartland-Eastern Kentucky Development, GP, Heartland-Hinkle Branch Development GP, Heartland-Joaquin Prospect, GP, Heartland-Joaquin Prospect #2, GP, Heartland-Joaquin Prospect #3, GP, Heartland-Joaquin Prospect #4 & #5, GP, Heartland-Marathon McCoy #1 Re-Drill, GP, Heartland-Prairie Fire #1, GP. (Attachments: #1 Case Law - Hodnett v. Heartland, #2 Case Law - Elite Parfums, #3 Case Law - National Indep Farm Coalition, #4 Case Law - Echo, Inc., #5 Case Law - Jumara, #6 Case Law - Playtex Products, #7 Case Law - D'Amato)(Warnock, Timothy) [Transferred from tnmd on 7/3/2008.]
June 19, 2008 Opinion or Order Filing 31 DECLARATION of Mark Haynes filed by Heartland-Razorback Development, GP, Heartland-Red River Prospect, LP, Heartland-Schreiber Joint Venture, GP, Heartland-Seven Well Development, LP, Heartland-Ten Well Development, LP, Heartland-Twelve Well Development, LP, Heartland-Suger Camp Branch Prospect, GP, Heartland-Wolff Joint Venture, LP, Ascension Financial Solutions, Inc., Music City Energy, Inc., Stewart and Haynes Properties, Ltd., Heartland Energy, LLC, Heartland-Joint Venture, LP, Heartland Resources, Inc., Heartland Holding Company, Inc., Heartland Drilling, Inc., Heartland Operating Company, Inc., Heartland Excavating, Inc., Heartland Investment Properties, LLC, Heartland Joint Venture, LP, David A. Stewart, Richard E. Stewart, Chris Stewart, Ruth Stewart, Stewart Family Trust, Stewart Family Limited Partnership #1, Haynes Family Trust, Haynes Family Limited Partnership #1, Heartland-Allen #1 Joint Venture, LP, Heartland-Appalachian Development, LP, Heartland-Client Appreciation Program, GP, Heartland-Coles Branch Prospect, GP, Heartland-Coles Branch #2, LP, Heartland-Coles Branch Prospect #3, LP, Heartland-Coles Branch Prospect #4 & 5, GP, Heartland-Eastern Kentucky Development, GP, Heartland-Hinkle Branch Development GP, Heartland-Joaquin Prospect, GP, Heartland-Joaquin Prospect #2, GP, Heartland-Joaquin Prospect #3, GP, Heartland-Joaquin Prospect #4 & #5, GP, Heartland-Marathon McCoy #1 Re-Drill, GP, Heartland-Prairie Fire #1, GP re: #29 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue and Insufficient Service of Process or, in the alternative, to Transfer Pursuant to 28 U.S.C. section 1404. (Attachments: #1 Exhibit A)(Warnock, Timothy) [Transferred from tnmd on 7/3/2008.]
June 19, 2008 Opinion or Order Filing 30 DECLARATION of Timothy L. Warnock filed by Heartland-Razorback Development, GP, Heartland-Red River Prospect, LP, Heartland-Schreiber Joint Venture, GP, Heartland-Seven Well Development, LP, Heartland-Ten Well Development, LP, Heartland-Twelve Well Development, LP, Heartland-Suger Camp Branch Prospect, GP, Heartland-Wolff Joint Venture, LP, Ascension Financial Solutions, Inc., Music City Energy, Inc., Stewart and Haynes Properties, Ltd., Heartland Energy, LLC, Heartland-Joint Venture, LP, Heartland Resources, Inc., Heartland Holding Company, Inc., Heartland Drilling, Inc., Heartland Operating Company, Inc., Heartland Excavating, Inc., Heartland Investment Properties, LLC, Heartland Joint Venture, LP, David A. Stewart, Richard E. Stewart, Chris Stewart, Ruth Stewart, Stewart Family Trust, Stewart Family Limited Partnership #1, Haynes Family Trust, Haynes Family Limited Partnership #1, Heartland-Allen #1 Joint Venture, LP, Heartland-Appalachian Development, LP, Heartland-Client Appreciation Program, GP, Heartland-Coles Branch Prospect, GP, Heartland-Coles Branch #2, LP, Heartland-Coles Branch Prospect #3, LP, Heartland-Coles Branch Prospect #4 & 5, GP, Heartland-Eastern Kentucky Development, GP, Heartland-Hinkle Branch Development GP, Heartland-Joaquin Prospect, GP, Heartland-Joaquin Prospect #2, GP, Heartland-Joaquin Prospect #3, GP, Heartland-Joaquin Prospect #4 & #5, GP, Heartland-Marathon McCoy #1 Re-Drill, GP, Heartland-Prairie Fire #1, GP re: #29 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue and Insufficient Service of Process or, in the alternative, to Transfer Pursuant to 28 U.S.C. section 1404. (Attachments: #1 Exhibit A)(Warnock, Timothy) [Transferred from tnmd on 7/3/2008.]
June 19, 2008 Opinion or Order Filing 29 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue and Insufficient Service of Process or, in the alternative, to Transfer Pursuant to 28 U.S.C. section 1404 by Heartland-Razorback Development, GP, Heartland-Red River Prospect, LP, Heartland-Schreiber Joint Venture, GP, Heartland-Seven Well Development, LP, Heartland-Ten Well Development, LP, Heartland-Twelve Well Development, LP, Heartland-Suger Camp Branch Prospect, GP, Heartland-Wolff Joint Venture, LP, Ascension Financial Solutions, Inc., Music City Energy, Inc., Stewart and Haynes Properties, Ltd., Heartland Energy, LLC, Heartland-Joint Venture, LP, Heartland Resources, Inc., Heartland Holding Company, Inc., Heartland Drilling, Inc., Heartland Operating Company, Inc., Heartland Excavating, Inc., Heartland Investment Properties, LLC, Heartland Joint Venture, LP, David A. Stewart, Richard E. Stewart, Chris Stewart, Ruth Stewart, Stewart Family Trust, Stewart Family Limited Partnership #1, Haynes Family Trust, Haynes Family Limited Partnership #1, Heartland-Allen #1 Joint Venture, LP, Heartland-Appalachian Development, LP, Heartland-Client Appreciation Program, GP, Heartland-Coles Branch Prospect, GP, Heartland-Coles Branch #2, LP, Heartland-Coles Branch Prospect #3, LP, Heartland-Coles Branch Prospect #4 & 5, GP, Heartland-Eastern Kentucky Development, GP, Heartland-Hinkle Branch Development GP, Heartland-Joaquin Prospect, GP, Heartland-Joaquin Prospect #2, GP, Heartland-Joaquin Prospect #3, GP, Heartland-Joaquin Prospect #4 & #5, GP, Heartland-Marathon McCoy #1 Re-Drill, GP, Heartland-Prairie Fire #1, GP. (Warnock, Timothy) [Transferred from tnmd on 7/3/2008.] Modified on 7/11/2008 (CDF).
June 17, 2008 Opinion or Order Filing 28 NOTICE of Appearance by Eugene N. Bulso, Jr on behalf of Hunter Durham (Bulso, Eugene) [Transferred from tnmd on 7/3/2008.]
June 17, 2008 Opinion or Order Filing 27 WAIVER OF SERVICE Returned Executed by Hunter Durham. Hunter Durham waiver sent on 5/20/2008. (Bulso, Eugene) [Transferred from tnmd on 7/3/2008.]
June 13, 2008 Opinion or Order Filing 26 ORDER Pltf's #19 Motion to Preserve Electronic Data is GRANTED IN PART. It is hereby ORDERED that the Defts shall preserve without material alteration all electronically stored data relevant to the claims in this case that is stored in the Wolfpack and Wyvern programs on the Deft's computer servers, pending further order of the Court. Signed by District Judge Aleta A. Trauger on 06/13/08. (ab) [Transferred from tnmd on 7/3/2008.]
June 13, 2008 Opinion or Order Filing 25 ORDER It is hereby ORDERED that a non-evidentiary hearing on the Pltf's #2 Motion for Preliminary Injunction shall be held on 6/30/2008 02:00 PM in Courtroom 873 before District Judge Aleta A. Trauger. It is further ORDERED that the Defts shall file their venue/jurisdiction motion by 06/19/08, and the Pltf's shall respond by 06/25/08. It is further ORDERED that the Defts shall file their response to the #2 Motion for Preliminary Injunction by 06/26/08. Signed by District Judge Aleta A. Trauger on 06/13/08. (ab) [Transferred from tnmd on 7/3/2008.]
June 13, 2008 Opinion or Order Filing 24 Minute Entry for proceedings held before District Judge Aleta A. Trauger: Motion Hearing held on 6/13/2008 re #2 MOTION for Preliminary Injunction. (Court Reporter Becky Cole.) (ab) [Transferred from tnmd on 7/3/2008.]
June 13, 2008 Opinion or Order Filing 23 NOTICE of Appearance by Steven Allen Riley, Timothy L. Warnock and Seth McInteer on behalf of all defendants (Riley, Steven) Modified Text on 6/16/2008 (dt). [Transferred from tnmd on 7/3/2008.]
June 12, 2008 Opinion or Order Filing 22 DECLARATION of H. Wynne James III filed by Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, D. Mark Haynes, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler re: #2 MOTION for Preliminary Injunction. (Attachments: #1 Exhibit 1 May 8 Email, #2 Exhibit 2 May 9 Email, #3 Exhibit 3 May 10 Email, #4 Exhibit 4 May 12 Email, #5 Exhibit 5 May 19 Email, #6 Exhibit 6 May 30 Email)(Scott, Rhonda) [Transferred from tnmd on 7/3/2008.]
June 12, 2008 Opinion or Order Filing 21 NOTICE of Filing by Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, D. Mark Haynes, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler of Declaration of H. Wynne James III (Scott, Rhonda) [Transferred from tnmd on 7/3/2008.]
June 11, 2008 Opinion or Order Filing 20 Summons issued as to Ascension Financial Solutions, Inc.. (dt) [Transferred from tnmd on 7/3/2008.]
June 11, 2008 Opinion or Order Filing 19 MOTION to Preserve electronic data by Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, D. Mark Haynes, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler. (Woodruff, Joseph) Modified Text on 6/12/2008 (dt). [Transferred from tnmd on 7/3/2008.]
June 11, 2008 Opinion or Order Filing 18 **DISREGARD MOTION-ATTY TO REFILE CORRECT MOTION** First MOTION To Preserve Electronic Data by Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, D. Mark Haynes, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler. (Woodruff, Joseph) Modified Text on 6/11/2008 (dt). [Transferred from tnmd on 7/3/2008.]
June 5, 2008 Opinion or Order Filing 17 DECLARATION of Thomas Grace filed by Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, D. Mark Haynes, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler. (Woodruff, Joseph) [Transferred from tnmd on 7/3/2008.]
June 5, 2008 Opinion or Order Filing 16 DECLARATION of Kenneth Allen filed by Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, D. Mark Haynes, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler. (Woodruff, Joseph) [Transferred from tnmd on 7/3/2008.]
June 5, 2008 Opinion or Order Filing 15 NOTICE of Filing by Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, D. Mark Haynes, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler of Declarations of Kenneth Allen and Thomas Grace (Woodruff, Joseph) [Transferred from tnmd on 7/3/2008.]
June 3, 2008 Opinion or Order Filing 14 Summons Returned Unexecuted as to Music City Energy, Inc. filed by Peter Cobarrubia, Wendy Cobarrubia, John Counter, J.C. Counter Revocable Trust, The, Counter Partnership #2, Jo Ann Counter Revocable Trust, Mary C. Counter Revocable Trust, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Cassidy H. Hurst, Betty H. Butcher Insurance Trust, Katherine L. Kelsey, Millennium Realty, LLC, Betty H. Butcher, Perry Butcher Revocable Trust, Kent B. Monypeny, Peter Keim, Nancy Keim, Bobby Lanier, Sara T. Lanier Irrevocable Trust, Peter Lawson, Judith Lawson, Thomas Lerach, Pam Lerach, Laurence M. Levine, Dana Levine, Beverly Ackert, Michael Merrett, Lisbeth Merrett, Mid-State Energy, Inc., Cheryle Miluszewicus, Thomas J. Mitchell, Jr, James C. Moore, Joyce Moore, Tisa L. Oldham, Bobby O'Neil, Deborah O'Neil, K. E. Allen, Michael Ricks, Mary Jane Ricks, David Ricks, Viola Ricks, F. Clark Sauls, Marisa Sauls, William R. Siefring Trust, Tim Talbot, Linda S. Talbot, Tim M. Tippett, Margaret Allen, Marlene Tippett, Jerry Vicars, George Wolff, GDWP, LLC, Anthony C. Yannette, Jean C. Yannette, Daniel Yannette, Michael Yannette, Burton Arbuckle, D. Mark Haynes, B.L. Lanier & Associates, B.L. Lanier Fruit Co., Inc., Brent Butler. (Woodruff, Joseph) Modified Text on 6/4/2008 (dt). [Transferred from tnmd on 7/3/2008.]
May 30, 2008 Opinion or Order Filing 13 ALIAS SUMMONS ISSUED as to Music City Energy, Inc.. (dt) [Transferred from tnmd on 7/3/2008.]
May 30, 2008 Opinion or Order Filing 12 ORDER: Plaintiffs' MOTION for Preliminary Injunction #2 shall be heard on 6/13/2008 at 10:00 AM, with an estimated hearing time of one hour. Plaintiffs shall immediately give effective notice to all defendants of this Order. Signed by District Judge Aleta A. Trauger on 5/30/08. (dt) [Transferred from tnmd on 7/3/2008.]
May 30, 2008 Opinion or Order Filing 11 EXHIBIT 1 w/ Attachment A to #9 Status Report. (Scott, Rhonda) Modified Text on 6/2/2008 (dt). [Transferred from tnmd on 7/3/2008.]
May 30, 2008 Opinion or Order Filing 10 EXHIBIT 2 to #9 Status Report. (Scott, Rhonda) Modified Text on 6/2/2008 (dt). [Transferred from tnmd on 7/3/2008.]
May 30, 2008 Opinion or Order Filing 9 STATUS REPORT by Ascension Financial Solutions, Inc., Peter Cobarrubia, Wendy Cobarrubia, John Counter, Counter Partnership #2, Mike DeMaria, Scott E. Dickerson, Henry Peter Doble, II, Frederick P. Clayton, Justin Alexander Doble, James Mark Doble, Leslie W. Dunson, III, Virginia T. Dunson, Betty H. Butcher Insurance Trust, Betty H. Butcher, Beverly Ackert, K. E. Allen, Margaret Allen, GDWP, LLC, Burton Arbuckle, D. Mark Haynes, B.L. Lanier & Associates, Hunter Durham, B.L. Lanier Fruit Co., Inc., Brent Butler. (Attachments: #1 Exhibit, #2**DISREGARD THIS EXHIBIT-ATTY TO RE-FILE CORRECT EXHIBIT** Exhibit)(Scott, Rhonda) Modified Text on 5/30/2008 (dt). [Transferred from tnmd on 7/3/2008.]
May 28, 2008 Opinion or Order Filing 8 Summons issued as to Haynes Family Trust. (dt) [Transferred from tnmd on 7/3/2008.]
May 28, 2008 Opinion or Order Filing 7 ORDER: By 12:00 noon on 5/30/08, pltfs shall file a status report as to their efforts to achieve service upon defts and to give them notice of the request for a preliminary injunction. The report should suggest the timing desired by pltfs for a preliminary injunction hearing as well as the anticipated length of the hearing. Signed by District Judge Aleta A. Trauger on 5/28/08. (gi) [Transferred from tnmd on 7/3/2008.]
May 23, 2008 Opinion or Order Filing 6 Summons issued as to Heartland-Razorback Development, GP, Heartland-Red River Prospect, LP, Heartland-Schreiber Joint Venture, GP, Heartland-Seven Well Development, LP, Heartland-Ten Well Development, LP, Heartland-Twelve Well Development, LP, Heartland-Suger Camp Branch Prospect, GP, Heartland-Wolff Joint Venture, LP, Stewart and Haynes Properties, Ltd., Heartland-Joint Venture, LP, Heartland-Allen #1 Joint Venture, LP, Heartland-Appalachian Development, LP, Heartland-Client Appreciation Program, GP, Heartland-Coles Branch Prospect, GP, Heartland-Coles Branch #2, LP, Heartland-Coles Branch Prospect #3, LP, Heartland-Coles Branch Prospect #4 & 5, GP, Heartland-Eastern Kentucky Development, GP, Heartland-Hinkle Branch Development GP, Heartland-Joaquin Prospect #2, GP, Heartland-Joaquin Prospect #3, GP, Heartland-Joaquin Prospect #4 & #5, GP, Heartland-Marathon McCoy #1 Re-Drill, GP, Heartland-Prairie Fire #1, GP. (dt) [Transferred from tnmd on 7/3/2008.]
May 19, 2008 Opinion or Order Filing 5 NOTICE of Initial Case Management Conference set for Monday, 7/14/2008 at 1:30 p.m. in Chambers 825 before District Judge Aleta A. Trauger. (af) [Transferred from tnmd on 7/3/2008.]
May 19, 2008 Opinion or Order Filing 4 APPENDIX filed by Frederick P. Clayton, Jr., et al re #1 Complaint, #2 Motion for Preliminary Injunction, and #3 Memorandum in Support. (Attachments: #1 1, #2 2, #3 3, #4 4, #5 5, #6 6, #7 7, #8 8, #9 9, #10 10, #11 11, #12 12, #13 13, #14 14, #15 15, #16 16, #17 17, #18 18, #19 19, #20 20, #21 21, #22 22, #23 23, #24 24, #25 25, #26 26, #27 27, #28 28, #29 29, #30 30, #31 31, #32 32, #33 33, #34 34, #35 35, #36 36, #37 37, #38 38, #39 39, #40 40, #41 41)(af) [Transferred from tnmd on 7/3/2008.]
May 19, 2008 Opinion or Order Filing 3 MEMORANDUM by plaintiffs in support of #2 Motion for Preliminary Injunction. (af) [Transferred from tnmd on 7/3/2008.]
May 19, 2008 Opinion or Order Filing 2 MOTION by plaintiffs for Preliminary Injunction. (af) Modified on 5/20/2008 (af). [Transferred from tnmd on 7/3/2008.]
May 19, 2008 Opinion or Order Filing 1 COMPLAINT filed by Frederick P. Clayton, Jr., et al against Heartland Resources, Inc., et al. (Filing fee $ 350) (Attachments: #1 Civil Cover Sheet)(af) (Additional attachment(s) added on 5/20/2008: #2 summons) (eh). [Transferred from tnmd on 7/3/2008.]

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Search for this case: Clayton et al v. Heartland Resources, Inc. et al
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Plaintiff: Frederick P. Clayton
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Kent B. Monypeny
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Beverly Ackert
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: K. E. Allen
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Margaret Allen
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Burton Arbuckle
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: B.L. Lanier & Associates
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: B.L. Lanier Fruit Co., Inc.
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Brent Butler
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Peter Cobarrubia
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Wendy Cobarrubia
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: John Counter
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: J.C. Counter Revocable Trust, The
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Counter Partnership #2
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Jo Ann Counter Revocable Trust
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Mary C. Counter Revocable Trust
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Mike DeMaria
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Scott E. Dickerson
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Henry Peter Doble, II
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Justin Alexander Doble
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: James Mark Doble
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Leslie W. Dunson, III
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Virginia T. Dunson
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Cassidy H. Hurst
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Betty H. Butcher Insurance Trust
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Katherine L. Kelsey
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Millennium Realty, LLC
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Betty H. Butcher
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Perry Butcher Revocable Trust
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Peter Keim
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Nancy Keim
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Bobby Lanier
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Sara T. Lanier Irrevocable Trust
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Peter Lawson
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Judith Lawson
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Thomas Lerach
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Pam Lerach
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: H. Wynne James
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Laurence M. Levine
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Dana Levine
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Michael Merrett
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Lisbeth Merrett
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Mid-State Energy, Inc.
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Cheryle Miluszewicus
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Thomas J. Mitchell, Jr.
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: James C. Moore
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Joyce Moore
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Tisa L. Oldham
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Bobby O'Neil
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Deborah O'Neil
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Michael Ricks
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: H. Wynne James
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Mary Jane Ricks
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: David Ricks
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Viola Ricks
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: F. Clark Sauls
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Marisa Sauls
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: William R. Siefring Trust
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Tim Talbot
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Linda S. Talbot
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Tim M. Tippett
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Marlene Tippett
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Jerry Vicars
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: George Wolff
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: GDWP, LLC
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Anthony C. Yannette
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Jean C. Yannette
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Daniel Yannette
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Michael Yannette
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Paula D. Walker
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Henry Ehrlich
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Katie G. Stenberg
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Kathleen Ehrlich
Represented By: Tera Rica Murdock
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: George R. Kempton Trust
Represented By: Tera Rica Murdock
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Plaintiff: Plaintiffs
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Paula D. Walker
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Able Fence Co. Profit Sharing Plan
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Mary Susan Arditi
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Edward G. Adams
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Bryan Boyd
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Sherri Boyd
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Dan Boyd
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Martha Boyd
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Kendall Caputo
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Rose M. Andrek
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Nancy Chew
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Henry Peter Doble, Jr.
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Eric Ebeling
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Tera Rica Murdock
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Jennifer Fremgen
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Marietta Enterprises #2, LLC
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: Marietta Investments, LLC
Represented By: H. Wynne James
Represented By: Joseph A. Woodruff
Represented By: Rebecca Brinkley
Represented By: Rhonda S. Kinslow
Represented By: Tera Rica Murdock
Represented By: Alyssa M. Leffall
Represented By: Katie G. Stenberg
Represented By: Ryan K. Cochran
Represented By: Tanielle Henriques
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Consolidated plaintiff: The Thomas G. Marks Living Trust Dated
Represented By: H. Wynne James
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