Bering Sea Environmental L L C v. Peterson et al
| Bering Sea Environmental L L C |
| Matthew Derek Peterson, Warren Perkins, Christopher J Tumey, Slick Industrial Resources L L C, Scott Menard and Lance Chapman |
| 2:2019cv01167 |
| September 5, 2019 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 125 JUDGMENT granting #124 Joint Stipulation of Dismissal with Prejudice with each party to bear its own costs. Signed by Judge James D Cain, Jr on 1/20/2021. (crt,Benoit, T) |
| Filing 124 JOINT/VOLUNTARY MOTION to Dismiss With Prejudice by Bering Sea Environmental L L C, Matthew Derek Peterson. Motion Ripe Deadline set for 1/19/2021. (Attachments: #1 Proposed order)(aty,McCay, Terrence) |
Filing 123
ELECTRONIC ORDER: A Scheduling Conference is set for 2/11/2021 at 1:30 PM by telephone before Magistrate Judge Kathleen Kay. Counsel for plaintiff should initiate the telephone conference to include all counsel of record and chambers. Signed by Magistrate Judge Kathleen Kay on 12/29/2020. (crt,Solari, E)
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Filing 122
ELECTRONIC MINUTE ENTRY: The foregoing order is amended to reflect that any bench trial held on the previously scheduled jury trial date will take place at the Lafayette courthouse. Signed by Judge James D. Cain, Jr. on 12/18/2020. (crt,Higgins, M)
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Filing 121
ELECTRONIC ORDER: Due to the district-wide Eleventh Supplemental Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic, available at www.lawd.uscourts.gov, the jury trial in this matter set for 2/22/2021 is hereby CONTINUED and all related deadlines and hearings are TERMINATED. The case is referred to Magistrate Judge Kay for a scheduling conference and the selection of a new trial date. Scheduling order deadlines that have passed will not be reinstated, except upon a showing of good cause. Should the parties consent to a bench trial, however, the current trial date will remain in effect and will be held at this courthouse. If this is the case, plaintiff shall notify chambers (337-493-2200) within five days of this order that all parties wish to proceed with a bench trial and the parties shall file a Joint Motion to Withdraw Jury Demand. Signed by Judge James D. Cain, Jr. on 12/18/2020. (crt,Higgins, M)
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| Filing 120 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: STATUS CONFERENCE held on 11/24/2020. Participating by telephone: J. Brian Vanderwoude for plaintiff and Kevin Paul Fontenot for defendant Peterson. Co-counsel for plaintiff, Terrence D. McCay, attempted to join in the call to chambers but was unsuccessful. All remaining parties have settled. The remaining parties indicated they are very close to settlement and are confident it will be achieved. Counsel is to contact MJ chambers if no settlement is reached to determine whether a settlement conference would be helpful. (jud,Kay, Kathleen) |
| Filing 119 NOTICE REGARDING HURRICANE LAURA: The Lake Charles area sustained extensive damage due to Hurricane Laura, including the Edwin F. Hunter, Jr. Courthouse. All proceedings and deadlines due within the next 30 days before Judge Cain are suspended. All proceedings and deadlines due before Magistrate Judge Kay remain as previously set. The court will advise of resettings in due course on a per-case basis via CM/ECF. Parties are encouraged to electronically file for relief or extensions, but if unable to do so, to call chambers and leave a message. Your message will be responded to promptly. (crt,Dunford, T) |
| Filing 118 JUDGMENT granting #117 Motion to Dismiss all of plaintiffs claims against defendants Lance Chapman, Scott Menard, Christopher J. Tumey, and Slick Industrial Resources, LLC be DISMISSED WITH PREJUDICE. This ruling has no impact on plaintiffs claims against defendant Matthew Derek Peterson, which remain pending before the court. Signed by Judge James D Cain, Jr on 8/17/2020. (crt,Benoit, T) |
| Filing 117 MOTION to Dismiss Claims Against Certain Defendants by Bering Sea Environmental L L C. (Attachments: #1 Proposed order)(aty,McCay, Terrence) |
| Set/Reset Deadlines as to #117 MOTION to Dismiss Claims Against Certain Defendants. Motion Ripe Deadline set for 8/14/2020. (crt,Whidden, C) |
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Filing 116
ELECTRONIC SCHEDULING ORDER Governing Pretrial Procedure: Jury Trial set for 2/22/2021 10:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. Magistrate Judge Status Conference set for 11/24/2020 02:00 PM in by phone before Magistrate Judge Kathleen Kay. Pretrial Conference set for 1/27/2021 10:00 AM in chambers before Judge James D Cain Jr. Plaintiffs Expert Info/Reports due by 10/26/2020. Defendants Expert Info/Reports due by 11/9/2020. Dispositive Motions due by 11/24/2020. Daubert Motions due by 12/24/2020. Motions in Limine due by 12/24/2020. Compel discovery 12/24/2020. All other motions due by 1/25/2021. Deadline for filing motion for protective order is 1/25/2021. Pretrial statements due by 1/25/2021. Electronic Exhibits due by 2/16/2021. Real Time glossary due by 2/16/2021.. Signed by Magistrate Judge Kathleen Kay on 12/4/2019. (jud,Kay, Kathleen)
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| Filing 115 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: SCHEDULING CONFERENCE held on 12/4/2019. Participating by telephone: Terrence D. McCay and J. Brian Vanderwoude for plaintiff; Kevin Paul Fontenot for defendant Matthew Derek Peterson; Jamie Christopher Gary for defendants Lance Chapman and Scott Menard; Joseph Palmer Norman for Christopher J. Turney; Phillip W. DeVilbiss and Peter Jan Pohorelsky for Slick Industrial Resources, LLC. A Jury Trial is set for 2/22/2021 at 10:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. The parties anticipate this matter will take seven (7) days to try. A Pretrial Conference is set for 1/27/2021 at 10:00 AM in chambers before Judge James D Cain Jr. A Magistrate Judge Status Conference is set for 11/24/2020 at 02:00 PM by telephone before Magistrate Judge Kathleen Kay. See separately docketed Electronic Scheduling Order and its attachment for further deadlines and explanations of those deadlines. (jud,Kay, Kathleen) |
| Filing 114 JOINT RULE 26(f) Report by Bering Sea Environmental L L C, Lance Chapman, Scott Menard, Matthew Derek Peterson, Slick Industrial Resources L L C and Christopher J Tumey. (aty,McCay, Terrence) Modified filers on 12/2/2019 (Bunting, M). |
| Filing 113 (ELECTRONICALLY FILED IN ERROR)INTERROGATORIES Propounded to Bering Sea Environmental, LLC by Slick Industrial Resources L L C.(aty,DeVilbiss, Phillip) Modified to reflect electronically filed in error on 11/25/2019 (Thomas, T). |
| NOTICE of Corrective Action to Phillip W DeVilbiss on behalf of Slick Industrial Resources L L C regarding #113 Interrogatories Propounded. Action taken: Modified to reflect electronically filed in error. Counsel is reminded of Local Rule 26.5, FRCP5(d), and Standing Order 1.15; local and federal rules do not allow routine filing of discovery, including disclosures and subpoenas under Rule 26. No further action on part of counsel is required. (crt,Thomas, T) |
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Filing 112
ORDER: Scheduling Conference set for 12/4/2019 at 10:00 AM by telephone before Magistrate Judge Kathleen Kay. (Attachments: #1 Attachments to scheduling order)(crt,Benoit, T)
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| Filing 111 ANSWER to #105 Answer to Amended Complaint, Crossclaim by Matthew Derek Peterson.(aty,Fontenot, Kevin) Modified docket text on 10/17/2019 (Bunting, M). |
| Filing 110 ANSWER to #99 Answer to Amended Complaint, Crossclaim by Matthew Derek Peterson.(aty,Fontenot, Kevin) Modified docket text on 10/17/2019 (Bunting, M). |
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Filing 109
ORDER granting #108 Motion to Appear Pro Hac Vice for appearance of J Brian Vanderwoude for Bering Sea Environmental L L C. Signed by Magistrate Judge Kathleen Kay on 10/2/2019. (crt,Bunting, M)
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| Filing 108 MOTION for J. Brian Vanderwoude to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-4063485) by Bering Sea Environmental L L C. Motions referred to Kathleen Kay. (Attachments: #1 Certificate of good standing, #2 Proposed order)(Attorney Terrence D McCay added to party Bering Sea Environmental L L C(pty:pla))(aty,McCay, Terrence) |
| Filing 107 ANSWER to #22 Amended Complaint by Matthew Derek Peterson.(aty,Fontenot, Kevin) Modified docket text to remove duplicate wording on 9/30/2019 (Bunting, M). |
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Filing 106
ELECTRONIC ORDER granting #104 Motion to Substitute Joseph P. Norman as Attorney for Christopher J. Turney. Attorney Leigh Campbell Porter terminated. Signed by Magistrate Judge Kathleen Kay on 9/25/2019. (jud,Kay, Kathleen)
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| Filing 105 ANSWER to #22 Amended Complaint, Affirmative Defenses, CROSSCLAIM against Matthew Derek Peterson by Lance Chapman, Scott Menard.(aty,Gary, Jamie) |
| Filing 104 MOTION to Substitute Attorney Joseph P. Norman in place of Leigh C. Porter with consent by Christopher J Tumey. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(Attorney Joseph Palmer Norman added to party Christopher J Tumey(pty:dft))(aty,Norman, Joseph) |
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Filing 103
ELECTRONIC ORDER granting #102 Motion to Substitute Attorney. Added attorney Kevin Paul Fontenot for Matthew Derek Peterson. Attorney James Naughton Henry, Jr terminated. Signed by Magistrate Judge Kathleen Kay on 9/24/2019. (jud,Kay, Kathleen)
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| Filing 102 MOTION to Substitute Attorney by Matthew Derek Peterson. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(Attorney Kevin Paul Fontenot added to party Matthew Derek Peterson(pty:dft))(aty,Fontenot, Kevin) Modified event to more accurately describe document filed on 9/23/2019 (Bunting, M). |
| Filing 101 CORPORATE DISCLOSURE STATEMENT by Slick Industrial Resources L L C. (aty,Pohorelsky, Peter) |
| Filing 100 NOTICE of Corporate Disclosure Statement Requirement re: #99 Answer to Amended Complaint, Crossclaim, sent to Peter Jan Pohorelsky on behalf of Slick Industrial Resources L L C. Corporate Disclosure Statement due by 10/2/2019. (crt,Bunting, M) |
| Filing 99 ANSWER to #22 Amended Complaint, Affirmative Defenses, CROSSCLAIM against Matthew Derek Peterson by Slick Industrial Resources L L C.(aty,Pohorelsky, Peter) |
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Filing 98
ORDER that within 20 days non-admitted attorneys seek admission/substitution in this transferred case. Signed by Magistrate Judge Kathleen Kay on 9/10/2019. (crt,Dunford, T)
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| Filing 97 PROPOSED TRANSFER ORDER referred to Magistrate Judge Kathleen Kay. (Public entry, but no electronic notice). (crt,Thigpen, M) |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Thigpen, M) |
| Filing 96 DISTRICT CASE transferred in from District of Texas Eastern; Case Number 6:18-cv-00558. Original file copy of transfer order and docket sheet received |
| Interdistrict transfer to the Western District of Louisiana. (gsg) [Transferred from Texas Eastern on 9/5/2019.] |
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Filing 95
ORDER denying as moot #36 Motion to Change Venue; granting #79 Motion to Change Venue; granting #82 Motion to Change Venue; granting #83 Motion Change Venue; granting #84 Motion to Change Venue; denying as moot #16 Motion to Change Venue; denying as moot #20 Motion to Change Venue. This matter is TRANSFERRED to the United States District Court for the Western District of Louisiana. Signed by District Judge Robert W. Schroeder, III on 8/15/2019. (gsg) [Transferred from Texas Eastern on 9/5/2019.]
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Filing 94
ORDER denying #33 Motion to Dismiss; denying #34 Motion to Dismiss; denying #37 Motion to Dismiss; denying without prejudice #78 Motion for Choice of Law, denying without prejudice #80 Motion for Choice of Law; denying without prejudice #81 Motion for Choice of Law; denying without prejudice #85 Motion for Choice of Law; denying as moot #17 Motion to Dismiss; denying as moot #19 Motion to Dismiss. Signed by District Judge Robert W. Schroeder, III on 8/15/2019. (gsg) [Transferred from Texas Eastern on 9/5/2019.]
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| Filing 93 REPLY to Response to Motion re #79 MOTION to Change Venue Under 28 U.S.C. 1404 filed by Christopher J. Tumey. (Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 92 REPLY to Response to Motion re #78 MOTION Regarding Choice of Law filed by Christopher J. Tumey. (Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 91 REPLY to Response to Motion re #79 MOTION to Change Venue Under 28 U.S.C. 1404 filed by Slick Industrial Resources, LLC. (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 90 REPLY to Response to Motion re #78 MOTION Regarding Choice of Law filed by Slick Industrial Resources, LLC. (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 89 REDACTION to #87 Sealed Response to Motion,, by Bering Sea Environmental, LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 88 REDACTION to #86 Sealed Response to Motion, by Bering Sea Environmental, LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 87 SEALED RESPONSE to Motion re #84 Amended MOTION to Change Venue Under 28 U.S.C. 1404, #83 MOTION re #79 MOTION to Change Venue Under 28 U.S.C. 1404 Re-Urged Motion to Transfer Venue, #82 Amended MOTION to Change Venue Under 28 U.S.C. 1404, #79 MOTION to Change Venue Under 28 U.S.C. 1404 filed by Bering Sea Environmental, LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Vanderwoude, Brian) (Additional attachment(s) added on 7/15/2019: #6 Corrected Proposed Order) (gsg, ). [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 86 SEALED RESPONSE to Motion re #81 MOTION Regarding Choice of Law re #78 MOTION Regarding Choice of Law , #80 MOTION to Determine Choice of Law , #85 MOTION to Determine Choice of Law , #78 MOTION Regarding Choice of Law filed by Bering Sea Environmental, LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Vanderwoude, Brian) (Additional attachment(s) added on 7/15/2019: #5 Corrected Proposed Order) (gsg, ). [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 85 MOTION to Determine Choice of Law by Lance Chapman, Scott Menard. (Attachments: #1 Text of Proposed Order)(Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 84 Amended MOTION to Change Venue Under 28 U.S.C. 1404 by Lance Chapman, Scott Menard. (Attachments: #1 Text of Proposed Order)(Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 83 MOTION re #79 MOTION to Change Venue Under 28 U.S.C. 1404 Re-Urged Motion to Transfer Venue by Matthew Derek Peterson. (Attachments: #1 Text of Proposed Order)(Henry, James) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 82 Amended MOTION to Change Venue Under 28 U.S.C. 1404 by Christopher J. Tumey. (Attachments: #1 Text of Proposed Order)(Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 81 MOTION Regarding Choice of Law re #78 MOTION Regarding Choice of Law by Matthew Derek Peterson. (Attachments: #1 Text of Proposed Order)(Henry, James) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 80 MOTION to Determine Choice of Law by Christopher J. Tumey. (Attachments: #1 Text of Proposed Order)(Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 79 MOTION to Change Venue Under 28 U.S.C. 1404 by Slick Industrial Resources, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 78 MOTION Regarding Choice of Law by Slick Industrial Resources, LLC. (Attachments: #1 Text of Proposed Order)(Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 77 NOTICE by Matthew Derek Peterson re #57 Order (Henry, James) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 76 NOTICE by Lance Chapman, Scott Menard of Compliance Regarding Privilege Log (Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 75 NOTICE of Discovery Disclosure by Christopher J. Tumey regarding Privilege Log (Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 74 NOTICE by Slick Industrial Resources, LLC re #57 Order Notice of Service of Privilege Log (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 73 NOTICE of Discovery Disclosure by Bering Sea Environmental, LLC (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 72 NOTICE of Discovery Disclosure by Lance Chapman, Scott Menard of Service of Additional Disclosures Required by Paragraph 3 of the Discovery Order (Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 71 NOTICE of Discovery Disclosure by Lance Chapman, Scott Menard of Service of Supplemental Disclosures (Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 70 NOTICE by Matthew Derek Peterson re #57 Order Notice of Service of Defendant Matthew Derek Peterson's Disclosures Required by Paragraph 3 of the Discovery Order (Henry, James) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 69 NOTICE of Discovery Disclosure by Christopher J. Tumey Additional Disclosures (Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 68 NOTICE by Slick Industrial Resources, LLC of service of additional disclosures (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
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Filing 67
ORDER ABATING MOTIONS TO DISMISS. Having considered the request, the Court finds that the motion should be GRANTED. It is hereby ORDERED that the proceedings as to the previously filed motions to dismiss or transfer (Docket Nos. #16 , #17 , #18 , #20 , #33 , #34 , #36 , #37 ) are ABATED pending the Courts resolution of the choice of law issue. Signed by District Judge Robert W. Schroeder, III on 5/22/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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| Filing 66 NOTICE by Slick Industrial Resources, LLC of Attorney Conference and Agreed To Briefing Schedule (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 65 NOTICE of Discovery Disclosure by Matthew Derek Peterson Required by the Discovery Order (Henry, James) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 64 NOTICE by Bering Sea Environmental, LLC of Service of Supplemental Disclosures (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 63 NOTICE of Discovery Disclosure by Slick Industrial Resources, LLC (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 62 Minute Entry for proceedings held before District Judge Robert W. Schroeder, III: Motion Hearing held on 5/16/2019 re #16 MOTION to Change Venue filed by Slick Industrial Resources, LLC, #36 MOTION to Change Venue Defendant Matthew Derek Petersons Motion to Transfer Venue Pursuant to 1404 filed by Matthew Derek Peterson, #20 MOTION to Change Venue filed by Christopher J. Tumey, #19 MOTION to Dismiss MOTION for More Definite Statement filed by Scott Menard, Lance Chapman, #17 MOTION to Dismiss filed by Slick Industrial Resources, LLC, #37 MOTION to Dismiss Defendant Matthew Derek Petersons Motion For Partial Dismissal Of Amended Complaint Under Rule 12(B)(6) And/Or For More Definite Statement Under Rule 12(e) filed by Matthew Derek Peterson, #34 MOTION to Dismiss Amended Complaint MOTION for More Definite Statement filed by Scott Menard, Lance Chapman, #18 MOTION to Change Venue filed by Scott Menard, Lance Chapman, #33 MOTION to Dismiss Amended Complaint filed by Slick Industrial Resources, LLC. (Court Reporter Theresa Sawyer.) (SMC) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 61 NOTICE of Attorney Appearance by Matthew T Milam on behalf of Christopher J. Tumey (Milam, Matthew) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 60 NOTICE of Discovery Disclosure by Christopher J. Tumey First Supplement to Initial Disclosures (Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
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Filing 59
ORDER Setting Hearing on Motions as follows: #37 MOTION to Dismiss Defendant Matthew Derek Petersons Motion For Partial Dismissal Of Amended Complaint Under Rule 12(B)(6) And/Or For More Definite Statement Under Rule 12(e), #36 MOTION to Change Venue Defendant Matthew Derek Petersons Motion to Transfer Venue Pursuant to 1404, #34 MOTION to Dismiss Amended Complaint MOTION for More Definite Statement , #20 MOTION to Change Venue, #33 MOTION to Dismiss Amended Complaint, #18 MOTION to Change Venue , #16 MOTION to Change Venue : Motion Hearing set for 5/16/2019 02:00 PM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Signed by District Judge Robert W. Schroeder, III on 5/2/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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Filing 58
PROTECTIVE ORDER. Signed by District Judge Robert W. Schroeder, III on 3/29/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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Filing 57
DISCOVERY ORDER. Signed by District Judge Robert W. Schroeder, III on 3/29/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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Filing 56
ORDER CANCELLING SCHEDULING CONFERENCE SET APRIL 17, 2019 AT 10:00 A.M. The scheduling conference is hereby CANCELLED. Signed by District Judge Robert W. Schroeder, III on 3/29/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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Filing 55
DOCKET CONTROL ORDER, granting #52 Joint MOTION to Enter Agreed Docket Control Order, Agreed Discovery Order, and Agreed Protective Order. Pretrial Conference set for 1/7/2020 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Jury Selection set for 1/21/2020 09:00 AM in Tyler Courthouse before District Judge Robert W. Schroeder III.>br> Jury Trial set for 1/27/2020 09:00 AM in Tyler Courthouse before District Judge Robert W. Schroeder III. Signed by District Judge Robert W. Schroeder, III on 3/29/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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Filing 54
ORDER granting #50 Motion for Leave to File Supplemental Memorandum in support of its #16 Motion to Transfer Venue. Signed by District Judge Robert W. Schroeder, III on 3/29/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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Filing 53
ORDER OF PARTIAL DISMISSAL. It is hereby ORDERED that Plaintiff's claims against Warren C. Perkins are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Robert W. Schroeder, III on 3/29/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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| Filing 52 Joint MOTION to Enter Agreed Docket Control Order, Agreed Discovery Order, and Agreed Protective Order by Bering Sea Environmental, LLC. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 51 RESPONSE in Support re #16 MOTION to Change Venue filed by Slick Industrial Resources, LLC. (DeVilbiss, Phillip) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 50 Unopposed MOTION for Leave to File Supplemental Memo in Support of Motion to Transfer Venue by Slick Industrial Resources, LLC. (Attachments: #1 Text of Proposed Order)(DeVilbiss, Phillip) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 49 NOTICE by Bering Sea Environmental, LLC of Dismissal of Claims against Warren C. Perkins (Attachments: #1 Text of Proposed Order)(Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
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Filing 48
ORDER SETTING Scheduling Conference for 4/17/2019 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Parties shall prepare and submit a joint motion attaching a joint proposed docket control order and a joint proposed discovery order seven days before the conference. Signed by District Judge Robert W. Schroeder, III on 3/15/2019. (mjc, ) [Transferred from Texas Eastern on 9/5/2019.]
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| Filing 47 NOTICE by Matthew Derek Peterson of Service of Initial Disclosures (Henry, James) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 46 NOTICE by Lance Chapman, Scott Menard of Service of Initial Disclosures (Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 45 NOTICE by Bering Sea Environmental, LLC of Service of Initial Disclosures (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 44 NOTICE by Slick Industrial Resources, LLC of Service of Initial Disclosures (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 43 NOTICE by Christopher J. Tumey of Defendant Christopher J. Tumey's Service of Initial Disclosures (Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 42 REPORT of Rule 26(f) Planning Meeting. (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
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Filing 41
ORDER granting #39 Motion for Leave to File Excess Pages. Signed by District Judge Robert W. Schroeder, III on 2/26/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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| Filing 40 REPLY to Response to Motion re #33 MOTION to Dismiss Amended Complaint filed by Slick Industrial Resources, LLC. (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 39 Unopposed MOTION for Leave to File Excess Pages by Slick Industrial Resources, LLC. (Attachments: #1 Text of Proposed Order)(Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 38 NOTICE of Readiness for Scheduling Conference by Bering Sea Environmental, LLC (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 37 MOTION to Dismiss Defendant Matthew Derek Petersons Motion For Partial Dismissal Of Amended Complaint Under Rule 12(B)(6) And/Or For More Definite Statement Under Rule 12(e) by Matthew Derek Peterson. (Attachments: #1 Text of Proposed Order)(Henry, James) (Additional attachment(s) added on 3/11/2019: #2 Text of Proposed Order) (rlf, ). [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 36 MOTION to Change Venue Defendant Matthew Derek Petersons Motion to Transfer Venue Pursuant to 1404 by Matthew Derek Peterson. (Attachments: #1 Text of Proposed Order)(Henry, James) (Additional attachment(s) added on 3/11/2019: #2 Text of Proposed Order) (rlf, ). [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 35 RESPONSE in Opposition re #34 MOTION to Dismiss Amended Complaint MOTION for More Definite Statement , #33 MOTION to Dismiss Amended Complaint filed by Bering Sea Environmental, LLC. (Attachments: #1 Text of Proposed Order)(Vanderwoude, Brian) (Additional attachment(s) added on 3/20/2019: #2 Revised Proposed Order) (rlf, ). [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 34 MOTION to Dismiss Amended Complaint, MOTION for More Definite Statement by Lance Chapman, Scott Menard. (Attachments: #1 Text of Proposed Order)(Gary, Jamie) Modified on 8/16/2019 (mll, ). [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 33 MOTION to Dismiss Amended Complaint by Slick Industrial Resources, LLC. (Attachments: #1 Text of Proposed Order)(Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Scott Menard to 2/1/2019. Seven Days Granted for Deadline Extension.( mjc, ) [Transferred from Texas Eastern on 9/5/2019.] |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Lance Chapman to 2/1/2019. Seven Days Granted for Deadline Extension.( mjc, ) [Transferred from Texas Eastern on 9/5/2019.] |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Matthew Derek Peterson to 2/19/2019. 15 Days Granted for Deadline Extension.( mjc, ) [Transferred from Texas Eastern on 9/5/2019.] |
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Filing 32
ORDER granting #24 Motion for Leave to File Excess Pages. It is thereforeORDERED that leave is granted to Slick Industrial Resources, LLC to file a Reply in support of its Motion to Transfer Venue Under 28 U.S.C. 1404 which does not exceed ten (10) pages. Signed by District Judge Robert W. Schroeder, III on 1/31/2019. (rlf) [Transferred from Texas Eastern on 9/5/2019.]
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| Filing 31 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Matthew Derek Peterson.( Henry, James) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 30 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Lance Chapman.( Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 29 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Scott Menard.( Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Slick Industrial Resources, LLC to 2/1/2019. 7 Days Granted for Deadline Extension.( rlf) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 28 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Slick Industrial Resources, LLC.( Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 27 DEFENDANT CHRISTOPHER J. TUMEY'S FIRST AMENDED ANSWER to #22 Amended Complaint PLAINTIFF'S AMENDED COMPLAINT by Christopher J. Tumey.(Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 26 REPLY to Response to Motion re #17 MOTION to Dismiss filed by Slick Industrial Resources, LLC. (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 25 REPLY to Response to Motion re #16 MOTION to Change Venue filed by Slick Industrial Resources, LLC. (Attachments: #1 Supplement Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 24 Unopposed MOTION for Leave to File Excess Pages by Slick Industrial Resources, LLC. (Attachments: #1 Text of Proposed Order)(Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 23 RESPONSE in Opposition re #19 MOTION to Dismiss MOTION for More Definite Statement , #17 MOTION to Dismiss filed by Bering Sea Environmental, LLC. (Attachments: #1 Text of Proposed Order)(Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 22 AMENDED COMPLAINT against Lance Chapman, Scott Menard, Warren Perkins, Matthew Derek Peterson, Slick Industrial Resources, LLC, Christopher J. Tumey, filed by Bering Sea Environmental, LLC.(Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 21 RESPONSE in Opposition re #16 MOTION to Change Venue , #20 MOTION to Change Venue , #18 MOTION to Change Venue filed by Bering Sea Environmental, LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 20 MOTION to Change Venue by Christopher J. Tumey. (Attachments: #1 Text of Proposed Order Proposed Order)(Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 19 MOTION to Dismiss , MOTION for More Definite Statement by Lance Chapman, Scott Menard. (Attachments: #1 Text of Proposed Order)(Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 18 MOTION to Change Venue by Lance Chapman, Scott Menard. (Attachments: #1 Text of Proposed Order)(Gary, Jamie) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 17 MOTION to Dismiss by Slick Industrial Resources, LLC. (Attachments: #1 Text of Proposed Order)(Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 16 MOTION to Change Venue by Slick Industrial Resources, LLC. (Attachments: #1 Exhibit Affidavit of C. Tumey, #2 Text of Proposed Order)(Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 15 DEFENDANT CHRISTOPHER J. TUMEY'S ORIGINAL ANSWER to #1 Complaint PLAINTIFF'S ORIGINAL COMPLAINT by Christopher J. Tumey.(Porter, Leigh) [Transferred from Texas Eastern on 9/5/2019.] |
| Advised this date that Peter Pohorelsky filed #14 Unopposed Application for Extension of Time as a courtesy for Christopher Tumey, but he does not represent Mr. Tumey, so termed him as counsel. (mjc, ) [Transferred from Texas Eastern on 9/5/2019.] |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Christopher J. Tumey to 12/28/2018. 22 Days Granted for Deadline Extension.(rlf) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 14 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Christopher J. Tumey.( Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 13 WAIVER OF SERVICE Returned Executed by Bering Sea Environmental, LLC. Matthew Derek Peterson waiver sent on 12/5/2018, answer due 2/4/2019. (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 12 SUGGESTION OF BANKRUPTCY Upon the Record as to Warren Perkins by Warren Perkins. (Wallace, Michael) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 11 NOTICE of Attorney Appearance by Michael P Wallace on behalf of Warren Perkins (Wallace, Michael) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 10 WAIVER OF SERVICE Returned Executed by Bering Sea Environmental, LLC. Scott Menard waiver sent on 11/28/2018, answer due 1/28/2019. (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 9 SUMMONS Returned Executed by Bering Sea Environmental, LLC. Warren Perkins served on 11/13/2018, answer due 12/4/2018. (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 8 SUMMONS Returned Executed by Bering Sea Environmental, LLC. Christopher J. Tumey served on 11/15/2018, answer due 12/6/2018. (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| NOTICE of Deficiency regarding the #7 rReturn of Service submitted by Bering Sea Environmental, LLC. Docket text indicates incorrect date of service. Correction should be made by within one business day. (rlf) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 7 ***FILED IN ERROR. PLEASE DISREGARD.***SUMMONS Returned Executed by Bering Sea Environmental, LLC. Christopher J. Tumey served on 11/9/2018, answer due 11/30/2018. (Vanderwoude, Brian) Modified on 11/28/2018 (rlf). [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by Bering Sea Environmental, LLC. Slick Industrial Resources, LLC waiver sent on 11/8/2018, answer due 1/7/2019. (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 5 NOTICE of Attorney Appearance - Pro Hac Vice by Phillip W. DeVilbiss on behalf of Slick Industrial Resources, LLC. Filing fee $ 100, receipt number 0540-7024293. (DeVilbiss, Phillip) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 4 NOTICE of Attorney Appearance - Pro Hac Vice by Peter J. Pohorelsky on behalf of Slick Industrial Resources, LLC. Filing fee $ 100, receipt number 0540-7024265. (Pohorelsky, Peter) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 3 SUMMONS Issued as to Lance Chapman, Scott Menard, Warren Perkins, Matthew Derek Peterson, Christopher J. Tumey. (Attachments: #1 SUMMONS - Chapman, #2 SUMMONS - Menard, #3 SUMMONS - Perkins, #4 SUMMONS - Tumey)(rlf) [Transferred from Texas Eastern on 9/5/2019.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rlf) [Transferred from Texas Eastern on 9/5/2019.] |
| DEMAND for Trial by Jury by Bering Sea Environmental, LLC. (rlf) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 2 NOTICE of Discovery Disclosure by Bering Sea Environmental, LLC Plaintiff's (Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6999868.), filed by Bering Sea Environmental, LLC. (Attachments: #1 Civil Cover Sheet)(Vanderwoude, Brian) [Transferred from Texas Eastern on 9/5/2019.] |
| District Judge Robert W. Schroeder, III added. (mjc, ) [Transferred from Texas Eastern on 9/5/2019.] |
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