F T C Energy Ltd Inc v. Aethon Energy Operating L L C
| F T C Energy Ltd Inc |
| Aethon Energy Operating L L C |
| 5:2022cv02243 |
| July 26, 2022 |
| US District Court for the Western District of Louisiana |
| Elizabeth E Foote |
| Mark L Hornsby |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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Filing 57
ELECTRONIC ORDER: The trial, pretrial conference, and deadline to file a pretrial order (together with any other unexpired deadlines in the scheduling order) are continued to allow the court time to review and rule on the three pending motions for summary judgment. Promptly after the motions are resolved, the court will set a status conference to discuss new dates and deadlines as needed. Signed by Magistrate Judge Mark L Hornsby on 9/8/2023. (crt,Rider, M)
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| Filing 56 REPLY to Response to Motion re #28 Motion for Partial Summary Judgment (Hodges Wells) filed by Aethon Energy Operating L L C. (Attachments: #1 Exhibit Exhibit)(aty,Kalmbach, John) |
| Filing 55 REPLY to Response to Motion re #29 MOTION for Partial Summary Judgment (Skannal Wells) filed by Aethon Energy Operating L L C. (aty,Kalmbach, John) |
| Filing 54 REPLY to Response to Motion re #33 MOTION for Partial Summary Judgment On Acknowledgment filed by F T C Energy Ltd Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(aty,Lewis, Sara) Modified docket text to more accurately describe document filed on 8/8/2023 (Bunting, M). |
| Filing 53 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 9 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 52 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 8 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 51 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 7 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 50 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 6 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 49 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 5 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 48 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 5 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 47 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 4 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 46 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 3 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 45 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 2 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 44 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 1, Part 1 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 43 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 5 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 42 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 4, Part 2 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 41 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 4, Part 1 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 40 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 3 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 39 EXHIBIT re #38 Memorandum in Opposition to Motion, Exhibit 2 by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 38 MEMORANDUM in Opposition re #29 MOTION for Partial Summary Judgment (Skannal Wells), #28 Motion for Partial Summary Judgment (Hodges Wells) filed by F T C Energy Ltd Inc. (Attachments: #1 Statement of material facts Statement of Contested Facts)(aty,Lewis, Sara) |
| Filing 37 MEMORANDUM in Opposition re #33 MOTION for Partial Summary Judgment On Acknowledgment filed by Aethon Energy Operating L L C. (Attachments: #1 Statement of material facts Statement of Disputed Facts)(aty,Kalmbach, John) |
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Filing 36
ORDER granting #35 Motion for Leave to File Excess Pages and #35 Motion for Extension of Time to File Response/Reply. Responses due by 8/1/2023. Signed by Magistrate Judge Mark L Hornsby on 7/28/2023. (crt,Keifer, K)
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| Filing 35 MOTION for Leave to File Excess Pages by F T C Energy Ltd Inc. Motion Ripe Deadline set for 7/27/2023. (Attachments: #1 Proposed order)(aty,Lewis, Sara) Modified on 7/27/2023 (Thomas, T). Added MOTION for Extension of Time to File Response/Reply re #28 Motion for Partial Summary Judgment and #29 Motion for Partial Summary Judgment on 7/27/2023 (Thomas, T). |
| Set/Reset Deadlines as to #35 MOTION for Extension of Time to File Response/Reply re #28 Motion for Partial Summary Judgment and #29 Motion for Partial Summary Judgment. Motion Ripe Deadline set for 7/27/2023. (crt,Thomas, T) |
| Filing 34 NOTICE of Motion Setting regarding: #33 MOTION for Partial Summary Judgment On Acknowledgment. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Thomas, T) |
| Filing 33 MOTION for Partial Summary Judgment On Acknowledgment by F T C Energy Ltd Inc. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Statement of material facts, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 2A, #7 Exhibit 2B, #8 Exhibit 2C, #9 Exhibit 2D, #10 Exhibit 2E, #11 Exhibit 2F, #12 Exhibit 2G, #13 Exhibit 3)(aty,Lewis, Sara) Modified to correct event type and edit text on 7/18/2023 (Thomas, T). |
| Filing 32 NOTICE of Deficiency to Sara Lewis on behalf of F T C Energy Ltd Inc regarding #31 MOTION for Summary Judgment On Acknowledgment. Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. Please see LR7.8 for specific requirements regarding table of contents. (crt,Thomas, T) |
| Filing 31 DEFICIENT MOTION for Summary Judgment On Acknowledgment by F T C Energy Ltd Inc. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts, #3 Proposed Order, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 2A, #7 Exhibit 2B, #8 Exhibit 2C, #9 Exhibit 2D, #10 Exhibit 2E, #11 Exhibit 2F, #12 Exhibit 2G, #13 Exhibit 3)(aty,Lewis, Sara) Modified to reflect deficiency on 7/17/2023 (Thomas, T). Modified to indicate document corrected and resubmitted on 7/18/2023 (Thomas, T). |
| Filing 30 NOTICE of Motion Setting regarding: #29 MOTION for Partial Summary Judgment (Skannal Wells), #28 Motion for Partial Summary Judgment (Hodges Wells). Motions referred to Magistrate Judge Mark L Hornsby. (crt,Thomas, T) |
| Filing 29 MOTION for Partial Summary Judgment (Skannal Wells) by Aethon Energy Operating L L C. (Attachments: #1 Proposed order Proposed Order, #2 Memorandum / Brief Memo ISO Aethon MPSJ - Skannal Wells, #3 Statement of material facts Statement of Undisputed Facts, #4 Affidavit Declaration of Kyle Hickey [1of2], #5 Affidavit Declaration of Kyle Hickey [2of2], #6 Affidavit Declaration of James Rice [1of2], #7 Affidavit Declaration of James Rice [2of2])(aty,Kalmbach, John) |
| Filing 28 MOTION for Partial Summary Judgment (Hodges Wells) by Aethon Energy Operating L L C. (Attachments: #1 Proposed order Proposed Order, #2 Memorandum / Brief Memo ISO Aethon MPSJ, #3 Statement of material facts Statement of Undisputed Facts, #4 Affidavit Declaration of Kyle Hickey [1of2], #5 Affidavit Declaration of Kyle Hickey [2of2], #6 Affidavit Declaration of James Rice [1of2], #7 Affidavit Declaration of James Rice [2of2], #8 Affidavit Declaration of Paul Strickland [1of2], #9 Affidavit Declaration of Paul Strickland [2of2], #10 Affidavit Declaration of John Kalmbach, #11 Exhibit Deposition of Dennis Bamburg)(aty,Kalmbach, John) Modified to correct event type on 7/17/2023 (Thomas, T). |
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Filing 27
ORDER granting #26 Motion for Extension. Expert Depositions due by 7/10/2023. Dispositive Motions due by 7/17/2023. All other dates and deadlines remain the same. Signed by Magistrate Judge Mark L Hornsby on 6/28/2023. (crt,Keller, J)
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| Filing 26 Unopposed MOTION for Extension of Deadlines for Expert Depositions and Dispositive Motions with consent by Aethon Energy Operating L L C. Motion Ripe Deadline set for 6/27/2023. (Attachments: #1 Proposed Order on Motion to Extend Deadlines for Expert Depositions)(aty,Kalmbach, John) Modified to remove duplicate text on 6/27/2023 (Thomas, T). |
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Filing 25
ORDER granting #24 Motion for Extension. IT IS FURTHER ORDERED that the deadline for discovery completion and discovery motions is extended until and through May 1, 2023; the deadline for the Plaintiffs expert reports is extended until and through May 3, 2023; the deadline for Defendant's expert reports is extended until and through June 2, 2023; and the deadline for completion of expert depositions is extended until and through July 3, 2023. All other dates and deadlines remain the same. Signed by Magistrate Judge Mark L Hornsby on 3/14/2023. (crt,Keller, J)
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| Filing 24 Unopposed MOTION for Extension of Expert Reports, Expert Depositions and Discovery Completion and Motions with consent between Plaintiff and Aethon Energy Operating, LLC by F T C Energy Ltd Inc. Motion Ripe Deadline set for 3/13/2023. (Attachments: #1 Proposed order Proposed Order re Extension of Deadlines)(aty,Lewis, Sara) |
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Filing 23
ORDER granting #22 Motion for Extension. Compel discovery 4/1/2023. Discovery deadline 4/1/2023. Signed by Magistrate Judge Mark L Hornsby on 2/8/2023. (crt,Thomas, T)
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| Filing 22 Unopposed MOTION for Extension of Deadlines for Discovery Completion and Discovery Motions with consent by Aethon Energy Operating L L C. Motion Ripe Deadline set for 2/8/2023. (Attachments: #1 Proposed order)(aty,Kalmbach, John) |
| Set/Reset Scheduling Order Deadlines: Pretrial Conference set for 9/28/2023 10:00 AM in chambers before Magistrate Judge Mark L Hornsby. (crt,Keller, J) |
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Filing 21
SCHEDULING ORDER: Bench Trial set for 10/23/2023 09:30 AM in Shreveport, Courtroom 3 before Magistrate Judge Mark L Hornsby. Pretrial Conference set for 9/28/2023 10:00 AM in chambers before Magistrate Judge Mark L Hornsby. Pretrial Order due by 9/21/2023. Joinder of Parties and Amendment of Pleadings due by 11/4/2022. Witness List due by 2/3/2023. Defendants witness list is due seven(7) days after receipt of plaintiffs list. Plaintiffs Expert Info/Reports due by 4/3/2023. Defendants Expert Info/Reports due by 5/3/2023. Discovery deadline 3/3/2023. Expert Depositions due by 6/3/2023. Dispositive Motions due by 7/10/2023. Daubert Motions due by 6/26/2023. Proposed Pretrial Order inserts and exhibits exchanged by 8/17/2023. Conference/Meeting of counsel to prepare pretrial order to be held by 8/31/2022. Motions in Limine due by 9/14/2022. Trial Depositions due by 10/10/2022. Trial Brief/Pretrial Submissions due by 10/16/2023. Signed by Magistrate Judge Mark L Hornsby on 10/4/2022. (crt,Keller, J) Modified on 10/7/2022 to correct Pretrial Conference set for 9/28/2023. (Keller, J)
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| Filing 20 MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: SCHEDULING CONFERENCE held on 10/4/2022. (crt,Keller, J) |
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Mark L Hornsby for trial. Judge Elizabeth E Foote no longer assigned to case as presiding judge. Signed by Judge Elizabeth E Foote on 9/27/2022. (crt,Thomas, T)
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| Filing 18 PROPOSED ORDER OF REFERENCE. Referred to Judge Elizabeth E Foote. Motion Ripe Deadline set for 9/26/2022. (Attachments: #1 Consent Form received on 9/26/2022)(crt,Miletello, A) |
| Filing 17 RULE 26(f) Report by Aethon Energy Operating L L C, F T C Energy Ltd Inc. (aty,Kalmbach, John) Modified on 9/26/2022 to add filer (Miletello, A). |
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Filing 16
ORDER: Scheduling Conference set for 10/4/2022 10:00 AM by telephone before Magistrate Judge Mark L Hornsby. Rule 26 Conference between parties to take place before 9/20/2022. Initial Disclosures exchanged by 9/27/2022. Rule 26 Report due by 9/27/2022. Signed by Magistrate Judge Mark L Hornsby on 8/23/2022. (crt,Keller, J)
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| Filing 15 ANSWER to #8 Amended Complaint, by Aethon Energy Operating L L C.(aty,Kalmbach, John) |
| Filing 14 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Mark L Hornsby on 8/11/2022. (crt,Rider, M) |
| Filing 13 RESPONSE TO REMOVAL ORDER by Aethon Energy Operating L L C . (aty,Kalmbach, John) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Aethon Energy Operating L L C. (aty,Kalmbach, John) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by F T C Energy Ltd Inc. (aty,Lewis, Sara) |
| Filing 10 CORRECTIVE DOCUMENT entitled Corrected Amended Complaint filed by F T C Energy Ltd Inc regarding #8 Amended Complaint . (aty,Lewis, Sara) |
| Filing 9 NOTICE of Deficiency to Sara M Lewis on behalf of F T C Energy Ltd Inc regarding #8 Amended Complaint. Reason: The document is not on letter-size paper as required by LR10.1. Please re-submit this document in proper form. (crt,Thomas, T) |
| Filing 8 AMENDED COMPLAINT against Aethon Energy Operating L L C filed by F T C Energy Ltd Inc.(aty,Lewis, Sara) Modified to reflect deficiency on 8/4/2022 (Thomas, T). Modified to remove deficiency on 8/5/2022. See document #10 for letter sized PDF image. (Thomas, T). |
| Filing 7 AMENDED DOCUMENT by Aethon Energy Operating L L C. Amendment to #6 Memorandum Order,,, Set Deadlines,, Amended Notice of Removal. (aty,Kalmbach, John) |
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Filing 6
MEMORANDUM ORDER. Counsel for both parties are directed to confer and determine the correct name and form of entity of FTC. If FTC is an LLC, counsel for FTC is ordered to promptly provide counsel for Aethon the detailed information regarding the LLC's members that is necessary to determine citizenship. Once that determination is made, Aethon should file an amended notice of removal that clarifies the name and form of organization of FTC and alleges its citizenship with specificity under the applicable rules. The deadline for filing the amended notice of removal is August 15, 2022. Signed by Magistrate Judge Mark L Hornsby on 7/27/2022. (crt,Keller, J)
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Filing 5
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 7/27/2022. (crt,Keller, J)
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| Filing 4 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 7/27/2022. (crt,Bunting, M) |
| Filing 3 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to John Tucker Kalmbach on behalf of Aethon Energy Operating L L C. Corporate Disclosure Statement due by 8/10/2022. (crt,Bunting, M) |
| Filing 2 ANSWER to Complaint by Aethon Energy Operating, LLC.(aty,Kalmbach, John) |
| Filing 1 NOTICE of Removal from 26th JDC Bossier Parish, Case Number 167702 (Filing fee $402, receipt number ALAWDC-5188875) filed by Aethon Energy Operating, LLC. (Attachments: #1 Civil cover sheet Civil Cover Sheet, #2 Exhibit Exhibit A - Petition)(Attorney John Tucker Kalmbach added to party Aethon Energy Operating, LLC(pty:dft))(aty,Kalmbach, John) |
| CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Mark L Hornsby. (crt,Bunting, M) |
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| Plaintiff: F T C Energy Ltd Inc | |
| Represented By: | Guy Earl Wall |
| Represented By: | Sara M Lewis |
| Represented By: | Sara Lewis |
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| Defendant: Aethon Energy Operating L L C | |
| Represented By: | John Tucker Kalmbach |
| Represented By: | William Drew Burnham |
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