Abigail Investments, LLC v. Urquhart
Plaintiff: Abigail Investments, LLC
Defendant: David Urquhart
Counter Claimant: Westhampton, Ltd.
Counter Defendant: Mainland Resources Inc, Robert Fedun, Simeon King Horton, Michael Newport, Brent Pierce, Gino Cicci, Vaughn Barbon, Empire Stock Transfer, Inc., William Thomas, Morgan Creek Energy Corporation, Pierco Energy Corporation, Pierco Petroleum, Inc., Byron Coulthard, Ernest Sorochan, Angelo Viard, Marcus Johnson, Thomas Markham, III, D. Bruce Horton, Blake Box, Stephen Jewett, Erik Essiger and Peter Wilson
Case Number: 2:2009cv01174
Filed: June 30, 2009
Court: US District Court for the District of Nevada
Office: Las Vegas Office
County: Clark
Presiding Judge: George Foley
Referring Judge: James C Mahan
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 17, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2010 Opinion or Order Filing 173 ORDER DISMISSING CASE re #172 Stipulation to Dismiss with Prejudice. Signed by Judge James C. Mahan on 11/17/10. (Copies have been distributed pursuant to the NEF - EDS)
November 17, 2010 Set/Reset Hearings: Status Hearing set for 12/3/2010 11:00 AM in LV Courtroom 6A before Judge James C. Mahan is hereby VACATED. (SRB)
November 12, 2010 Filing 172 STIPULATION of Dismissal Stipulation and Order to Dismiss With Prejudice by Counter Defendant Mainland Resources Inc. (Solis-Rainey, Rosa)
November 9, 2010 Opinion or Order Filing 171 ORDER Granting #169 Motion to Extend Stay. Stay shall be extended to 11/15/10. Signed by Judge James C. Mahan on 11/9/10. (Copies have been distributed pursuant to the NEF - EDS)
November 3, 2010 Set/Reset Hearings: Status Hearing set for 11/8/2010 11:00 AM is hereby VACATED and rescheduled for 12/3/2010 11:00 AM in LV Courtroom 6A before Judge James C. Mahan. (SRB)
November 1, 2010 Filing 170 NOTICE by Counter Claimants David Urquhart, Westhampton, Ltd., Defendant David Urquhart re #169 Emergency MOTION to Stay re #167 Order on Stipulation, #165 Stipulation, Notice of Motion and Emergency Motion to Extend Stay of Litigation (Second Request)Emergency MOTION to Stay re #167 Order on Stipulation, #165 Stipulation, Notice of Motion and Emergency Motion to Extend Stay of Litigation (Second Request). Notice of Motion (Henderson, Craig)
November 1, 2010 Filing 169 Emergency MOTION to Stay re #167 Order on Stipulation, #165 Stipulation, Notice of Motion and Emergency Motion to Extend Stay of Litigation (Second Request) by Counter Claimants David Urquhart, Westhampton, Ltd., Defendant David Urquhart. Motion ripe 11/1/2010. (Henderson, Craig)
October 21, 2010 Filing 168 NOTICE of Change of Address by Ryan M Venci. (Venci, Ryan)
October 6, 2010 Opinion or Order Filing 167 ORDER ON STIPULATION Granting #165 Stipulation to Stay Litigation 30 days. Signed by Judge James C. Mahan on 10/6/10. (Copies have been distributed pursuant to the NEF - EDS)
October 6, 2010 Filing 166 NOTICE of Hearing: Status Hearing set for 11/8/2010 11:00 AM in LV Courtroom 6A before Judge James C. Mahan. (no image attached)(SRB)
September 29, 2010 Filing 165 STIPULATION Stipulation and Order to Stay Litigation by Counter Claimants David Urquhart, David Urquhart, Westhampton, Ltd., Westhampton, Ltd., Counter Defendants David Urquhart, David Urquhart, Westhampton, Ltd., Westhampton, Ltd., Defendant David Urquhart. (Harmon, Sarah)
September 16, 2010 Opinion or Order Filing 164 ORDER ON STIPULATION Granting #161 Stipulation to Extend Briefing Schedule for Counterdefendants Motions to Dismiss and Counter-Complaint. Urquhart's response to #152 Pierce Counterdefendants' Motion to Dismiss due 10/7/10. Urquhart's response to #153 Fedun Counterdefendants' Motion to Dismiss due 10/12/10. Urquhart's response to #154 Mainland's Counter-complaint due 10/20/10. Urquhart's response to #155 Abigail Counterdefendants' Motion to Dismiss due 10/13/10. Urquhart's response to #159 Morgan Creek's Motion to Dismiss due 10/13/10. IT IS FURTHER ORDERED that replies to motions to dismiss be extended a period of 10 days. IT IS FURTHER ORDERED that Mainland may file an amended counterclaim no later than 9/1/10. If Urquhart files a motion to dismiss Mainland's countercomplaint, Mainland's time to respond shall be extended 30 days. Signed by Judge James C. Mahan on 9/16/10. (Copies have been distributed pursuant to the NEF - EDS)
September 3, 2010 Filing 163 JOINDER to #155 MOTION to Dismiss ; filed by Counter Defendants Vaughn Barbon, Gino Cicci, Brent Pierce. (Peek, J.)
August 31, 2010 Filing 162 COUNTERCLAIM Mainland's Answer to First Amended Counter-complaint, and Mainland's [Corrected] Counterclaim against David Urquhart, Westhampton, Ltd., filed by Mainland Resources Inc.(Solis-Rainey, Rosa)
August 31, 2010 Filing 161 STIPULATION re #154 Answer to Counterclaim, #153 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's and Michael Newport's Motion to Dismiss Amended Counter-Complaint (Doc. No. 145) and Joinder to Other Motions Filed In This Matter MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's and Michael Newport's Motion to Dismiss Amended Counter-Complaint (Doc. No. 145) and Joinder to Other Motions Filed In This Matter, #159 MOTION to Dismiss Amended Counter-Complaint and Joinder to Motions to Dismiss Amended Counter-Complaint, #152 MOTION to Dismiss Amended Counter-Complaint (Doc. No. 145), #155 MOTION to Dismiss ; Stipulation and Order to Extend Briefing Schedule for Counterdefendants' Motions to Dismiss and Counter-Complaint (Docket Nos. 152-155, 159) (First Request) by Counter Defendants David Urquhart, Westhampton, Ltd., Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd., Westhampton, Ltd.. (Harmon, Sarah)
August 26, 2010 Filing 160 JOINDER to #153 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's and Michael Newport's Motion to Dismiss Amended Counter-Complaint (Doc. No. 145) and Joinder to Other Motions Filed In This Matter MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's and Michael Newport's Motion to Dismiss Amended Counter-Complaint (Doc. No. 145) and Joinder to Other Motions Filed In This Matter, #159 MOTION to Dismiss Amended Counter-Complaint and Joinder to Motions to Dismiss Amended Counter-Complaint, #152 MOTION to Dismiss Amended Counter-Complaint (Doc. No. 145) ; filed by Plaintiff Abigail Investments, LLC, Counter Defendants Abigail Investments, LLC, Abigail Investments, LLC, Byron Coulthard, Byron Coulthard. (Dove, Kelly)
August 26, 2010 Filing 159 MOTION to Dismiss Amended Counter-Complaint and Joinder to Motions to Dismiss Amended Counter-Complaint by Counter Defendant Morgan Creek Energy Corporation. Responses due by 9/12/2010. (Newby, Craig)
August 26, 2010 Filing 158 JOINDER to #155 MOTION to Dismiss; filed by Counter Defendants Robert Fedun, Simeon King Horton, Michael Newport. (Milanowski, Cynthia) Modified to remove duplicate wording on 8/31/2010 (RFJ).
August 26, 2010 Filing 157 ANSWER to #145 Counterclaim,, filed by Empire Stock Transfer, Inc..(Gewerter, Harold)
August 25, 2010 Filing 156 CERTIFICATE OF SERVICE for Mainland's Answer to First Amended Counter-Complaint, and Mainland's Counterclaim by Counter Claimant Mainland Resources Inc re #154 Answer to Counterclaim,. (Solis-Rainey, Rosa)
August 25, 2010 Filing 155 MOTION to Dismiss by Plaintiff Abigail Investments, LLC, Counter Defendants Abigail Investments, LLC, Abigail Investments, LLC, Byron Coulthard, Byron Coulthard. Responses due by 9/11/2010. (Dove, Kelly)
August 25, 2010 Filing 154 Mainland Resources, Inc. ANSWER to #145 Counterclaim,,, COUNTERCLAIM against David Urquhart, Westhampton, Ltd. filed by Mainland Resources Inc.(Solis-Rainey, Rosa)
August 23, 2010 Filing 153 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's and Michael Newport's Motion to Dismiss Amended Counter-Complaint (Doc. No. 145) and Joinder to Other Motions Filed In This Matter by Counter Defendants Robert Fedun, Simeon King Horton, Michael Newport. Responses due by 9/9/2010. (Milanowski, Cynthia)
August 20, 2010 Filing 152 MOTION to Dismiss Amended Counter-Complaint (Doc. No. 145) by Counter Defendants Vaughn Barbon, Gino Cicci, Brent Pierce. Responses due by 9/6/2010. (Attachments: #1 Exhibit A)(Kunimoto, Bryce)
August 20, 2010 Opinion or Order Filing 151 ORDER GRANTING #150 Stipulation to Extend Deadlines. Counter-Defendants have until 8/26/10 to plead in response to the Amended Counter-Complaint. Signed by Magistrate Judge George Foley, Jr on 8/20/10. (Copies have been distributed pursuant to the NEF - ECS)
August 16, 2010 Filing 150 STIPULATION re #145 Counterclaim,, ; to Extend Time to Respond filed by Counter Defendants Vaughn Barbon, Gino Cicci, Brent Pierce. (Peek, J.) Modified to remove duplicate wording on 8/20/2010 (RFJ).
August 9, 2010 Opinion or Order Filing 149 SCHEDULING ORDER Granting #146 Stipulation for Extension of Discovery Deadlines. Discovery due by 10/26/2011. Motions due by 11/29/2011. Proposed Joint Pretrial Order due by 12/29/2011. Signed by Magistrate Judge George Foley, Jr on 8/9/10. (Copies have been distributed pursuant to the NEF - ASB)
August 9, 2010 Filing 148 MINUTES OF PROCEEDINGS - Hearing on Stipulation and Proposed Order to Extend Discovery Deadlines #146 held on 8/9/2010 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Donna Smith; Pla Counsel: Kelly Dove; Def Counsel: Sarah Harmon, Bryce Kunimoto, Cynthia Milanowski, Howard Gewerter, Akke Levin, Craig Newby, Chris Wells (telephonically); Court Reporter/FTR #: 9:35-9:43; Time of Hearing: 9:30 a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears the representations of counsel. The Court grants the extension of discovery requested and advises the parties it will not be inclined to grant any further requests to extend discovery. (no image attached) (Copies have been distributed pursuant to the NEF - DES)
July 23, 2010 Filing 147 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 7/23/2010. By Judicial Assistant: Julia Wright. RE: #146 Stipulation and Order to Extend Discovery Deadlines (First Request) (#146): Discovery Hearing set for Monday, August 9, 2010, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW)
July 19, 2010 Filing 146 STIPULATION re #68 Scheduling Order, ; and Order to Extend Discovery Deadlines (First Request) filed by Counter Claimants David Urquhart, Westhampton, Ltd., Defendant David Urquhart. (Harmon, Sarah) Modified to remove duplicate wording on 7/20/2010 (RFJ).
June 23, 2010 Filing 145 Amended COUNTERCLAIM Defendant David Urquhart's Answer to Plaintiff's Complaint and Jury Demand and Counter-Claimants David Urquhart and Westhampton, Ltd.'s Amended Counter-Complaint and Jury Demand against Abigail Investments, LLC, Vaughn Barbon, Gino Cicci, Byron Coulthard, Empire Stock Transfer, Inc., Robert Fedun, Simeon King Horton, Mainland Resources Inc, Morgan Creek Energy Corporation, Michael Newport, Brent Pierce, filed by David Urquhart, Westhampton, Ltd.. (Attachments: #1 pp 51-100, #2 pp 101-150, #3 pp 151-178, #4 Exhibit A, #5 Exhibit B)(Harmon, Sarah)
May 24, 2010 Opinion or Order Filing 144 ORDER re #89 , #90 , #91 , #92 , and #93 Counter Defendants' Motions to Dismiss. #89 Counter Defendants' Motion to Dismiss is GRANTED and all counter-claims alleged against Pierco Energy, Pierco Petroleum, Byron Coulthard, Simeon King Horton, Michael Newport, Gino Cicci, Vaughn Barbon, Brent Pierce, D. Bruce Horton, William Thomas, Ernest Sorochan, Angelo Viard, Stephen Jewett, Marcus Johnson, and Peter Wilson are DISMISSED WITHOUT PREJUDICE. Counter Defendants' Motion to Dismiss is GRANTED and the Twenty-Fifth, Thirtieth, and Thirty-First counter claims are DISMISSED WITHOUT PREJUDICE. Counter Defendants' Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. The Thirty-Fifth and Thirty-Eigth counter-claims are DISMISSED WITHOUT PREJUDICE. The motion is DENIED AS TO ALL OTHER COUNTER-CLAIMS. #93 Counter Defendants' Motion to Strike Settlement Communications is DENIED WITHOUT PREJUDICE. All other relief requested in the motion is DENIED WITHOUT PREJUDICE. Parties stipulate to DISMISS WITH PREJUDICE all counter-claims against Morgan Creek relating to the exercise of stock options. #131 Counter Claimants' Motion for Leave to File An Answer and First Amended Counter Complaint is WITHDRAWN. Counter Claimants are GRANTED LEAVE TO FILE an amended counter complaint within 30 days of this order. Signed by Judge James C. Mahan on 5/24/10. (Copies have been distributed pursuant to the NEF - EDS)
May 21, 2010 Filing 143 Submission of PROPOSED ORDER on #93 , #92 , #91 , #90 , #89 , Motion's to Dismiss; filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd. (Harmon, Sarah) Modified to remove excessive wording & all caps on 5/24/2010 (LMC).
May 17, 2010 Filing 142 JOINDER to #138 Response - Other, ; filed by Counter Defendants Robert Fedun, Simeon King Horton, Michael Newport. (Milanowski, Cynthia)
May 17, 2010 Filing 141 JOINDER to #137 Proposed Order Submission,,,,, #138 Response - Other, ; filed by Counter Defendants D. Bruce Horton, Stephen Jewett, Marcus Johnson, Morgan Creek Energy Corporation, William Thomas, Angelo Viard, Peter Wilson. (Newby, Craig)
May 14, 2010 Filing 140 JOINDER to #138 Response - Other, ; Joinder to Response to Defendant/Counterclaimant David Urquhart and Counterclaimant Westhampton, Ltd.'s Objections to the Counter-Defendants' Proposed Order filed by Plaintiff Abigail Investments, LLC, Counter Defendant Byron Coulthard. (Dove, Kelly)
May 14, 2010 Filing 139 JOINDER to #137 Proposed Order Submission,,,,, #138 Response - Other, ; filed by Counter Defendants Mainland Resources Inc, Ernest Sorochan, William Thomas, Angelo Viard. (Solis-Rainey, Rosa)
May 14, 2010 Filing 138 RESPONSE to #136 Proposed Order Submission,,,,,,, ; David Urquhart and Westhampton's Objections to the Proposed Order (Submitted by Letter) Granting, in Part, and Denying, in Part, the Motions to Dismiss Filed by the Counterdefendants; and Objection to Counterclaimants' Proposed Alternative Order filed by Counter Defendants Vaughn Barbon, Gino Cicci, Brent Pierce, Pierco Energy Corporation, Pierco Petroleum, Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C)(Peek, J.)
May 13, 2010 Filing 137 Submission of PROPOSED ORDER on #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #92 MOTION to Dismiss Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #94 Joinder,,,,, #95 Joinder,,,,, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint ; filed by Counter Defendants Vaughn Barbon, Gino Cicci, Brent Pierce, Pierco Energy Corporation, Pierco Petroleum, Inc.. (Peek, J.)
May 13, 2010 Filing 136 Submission of PROPOSED ORDER on #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #92 MOTION to Dismiss Counter-Complaint, #95 Joinder,,,,, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #94 Joinder,,,,, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter ; filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd. Defendant/Counter-Claimant David Urquhart and Counter-Claimant Westhampton, Ltd.'s Objections to the Counter-Defendants' Proposed Order (submitted by letter) Granting in Part and Denying in Part the Motions to Dismiss filed by the Counter-Defendants; and Counter-Claimants' Proposed Alternative Order. (Attachments: #1 Exhibit Order Granting in Part and Denying in Part the Motions to Dismiss by the Counter-Defendants, #2 Exhibit Order Granting in Part and Denying in Part the Motions to Dismiss by the Counter-Defendants, #3 Exhibit Transcript)(Harmon, Sarah)
April 27, 2010 Filing 135 (1st Notice) PURSUANT TO SPECIAL ORDER 109: that Cynthia G. Milanowski is in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s). (no image attached) (LMC)
April 26, 2010 Filing 134 Interim STATUS REPORT Joint Interim Status Report by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
April 21, 2010 Filing 132 TRANSCRIPT of Proceedings, held on 4/15/2010, before Judge James C. Mahan. Court Reporter/Transcriber: Joy Garner, 702-384-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website #www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/12/2010. Redacted Transcript Deadline set for 5/22/2010. Release of Transcript Restriction set for 7/20/2010. (ABB)
April 15, 2010 Filing 133 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/15/2010 before Judge James C. Mahan. Crtrm Administrator: David Oakes; Pla Counsel: Listed in transcript; Def Counsel: Listed in transcript; Court Reporter/FTR #: Joy Garner; Time of Hearing: 10:00 a.m.; Courtroom: 6A; COURT ORDERED: Dismissed as to all individual defendants, and Pierco and Pierco. Voluntarily dismissed Morgan Creek. Dismissed #25 Fraud, #30 Conspiracy, #31 Aiding and Abetting, #35 Declaratory Judgment, #38 Corporate Veil. Motion #131 is withdrawn. Counsel is directed to prepare the appropriate order for the courts signature. (Copies have been distributed pursuant to the NEF - DXO)
April 5, 2010 Filing 131 MOTION to Amend/Correct Complaint re #8 Answer to Complaint - Petition for Removal,,,, Counterclaim,,,. Defendant/Counter-Claimant David Urquhart and Counter-Claimant Westhampton, Ltd.'s Motion for Leave to File an Answer and First Amended Counter-Complaint by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. Responses due by 4/22/2010. (Attachments: #1 Exhibit Defendant David Urquhart's Answer to Plaintiff's Complaint and Jury Demand and Counter-Claimants Daid Urquhart and Westhampton, Ltd.'s Amended Counter-Complaint and Jury Demand [Proposed]-part 1, #2 Exhibit Defendant David Urquhart's Answer to Plaintiff's Complaint and Jury Demand and Counter-Claimants Daid Urquhart and Westhampton, Ltd.'s Amended Counter-Complaint and Jury Demand [Proposed]-part 2)(Harmon, Sarah)
March 16, 2010 Filing 130 NOTICE of Hearing on #92 MOTION to Dismiss Counter-Complaint, #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter : Motion Hearing set for 4/15/2010 10:00 AM in LV Courtroom 6A before Judge James C. Mahan. (no image attached)(SRB)
January 13, 2010 Opinion or Order Filing 129 ORDER Granting #121 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Christopher B. Wells and approving Attorney J. Stephen Peek as Designation of Local Counsel for Vaughn Barbon, Gino Cicci, Brent Pierce, Pierco Energy Corporation, and Pierco Petroleum, Inc. Signed by Judge James C. Mahan on 1/13/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov Signed by Judge James C. Mahan on 1/13/10. (Copies have been distributed pursuant to the NEF - EDS)
January 11, 2010 Filing 128 REPLY to Response to #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS ; filed by Plaintiff Abigail Investments, LLC, Counter Defendants Abigail Investments, LLC, Byron Coulthard. REPLY IN SUPPORT OF MOTION TO DISMISS COUNTER-COMPLAINT OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT (Dove, Kelly)
January 11, 2010 Filing 127 REPLY to Response to #91 MOTION to Dismiss Counter-claims ; filed by Counter Defendants Mainland Resources Inc, Ernest Sorochan, William Thomas, Angelo Viard. and Joinder to Other Counter-defendants' Replies in this Action (Solis-Rainey, Rosa)
January 11, 2010 Filing 126 REPLY to Response to #92 MOTION to Dismiss Counter-Complaint ; filed by Counter Defendants D. Bruce Horton, Stephen Jewett, Marcus Johnson, Morgan Creek Energy Corporation, William Thomas, Angelo Viard, Peter Wilson. (Attachments: #1 Exhibit A)(Newby, Craig)
January 11, 2010 Filing 125 REPLY to Response to #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter ; filed by Counter Defendant Robert Fedun. (Hutchison, Mark)
January 11, 2010 Filing 124 REPLY to Response to #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint ; filed by Counter Defendants Vaughn Barbon, Gino Cicci, Brent Pierce, Pierco Energy Corporation, Pierco Petroleum, Inc.. (Attachments: #1 Exhibit A - Jenirob Entity Search, #2 Exhibit B - Spartan Asset Group Entity Search, #3 Exhibit C - ICI Entity Search, #4 Exhibit D - Parc Place Entity Search)(Kunimoto, Bryce)
January 7, 2010 Opinion or Order Filing 123 ORDER Granting #82 Verified Petition for Permission to Practice Pro Hac Vice for Attorney David Spellman and approving Attorney J. Stephen Peek as Designation of Local Counsel for Vaughn Barbon, Gino Cicci, Brent Pierce, Pierco Energy Corporation,and Pierco Petroleum, Inc. Signed by Judge James C. Mahan on 1/7/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS)
January 6, 2010 Filing 122 NOTICE of Corrected Image/Document re #82 VERIFIED PETITION for Permission to Practice Pro Hac Vice by David C. Spellman and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414784) VERIFIED PETITION for Permission to Practice Pro Hac Vice by David C. Spellman and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414784) by Counter Defendants Vaughn Barbon, Gino Cicci, Brent Pierce, Pierco Energy Corporation, Pierco Petroleum, Inc.. (Service of corrected image is attached). (Peek, J.)
January 6, 2010 Filing 121 NOTICE of Corrected Image/Document re #83 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Christopher B. Wells and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414813) VERIFIED PETITION for Permission to Practice Pro Hac Vice by Christopher B. Wells and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414813) by Counter Defendants Vaughn Barbon, Gino Cicci, Brent Pierce, Pierco Energy Corporation, Pierco Petroleum, Inc.. (Service of corrected image is attached). (Peek, J.)
January 5, 2010 Filing 120 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 1/5/2010. By Deputy Clerk: David Oakes. RE: #82 VERIFIED PETITION for Permission to Practice Pro Hac Vice by David C. Spellman and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414784) VERIFIED PETITION for Permission to Practice Pro Hac Vice by David C. Spellman and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414784), #83 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Christopher B. Wells and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414813) VERIFIED PETITION for Permission to Practice Pro Hac Vice by Christopher B. Wells and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414813) IT IS THE ORDER OF THE COURT that David C. Spellman and Christopher B. Wells counter defendant's counsel are directed to correct question #9 and correct case number in petitioner's verified petitions #82 and #83 within (14) days of the entry of this order and re-fle using the "Notice of Corrected Image/Document" event in CM/ECF. Petitioner's failure to take such corrective measures will result in the denial of Mr. Spellman and Mr. Wells Verified Petitions. (no image attached) (Copies have been distributed pursuant to the NEF - DXO)
December 30, 2009 Opinion or Order Filing 119 ORDER ON STIPULATION Granting #116 Stipulation to Extend Deadlines re: #89 Motion to Dismiss, #90 Motion to Dismiss, #91 Motion to Dismiss, #92 Motion to Dismiss, #93 Motion to Dismiss, #94 Joinder, and #95 Joinder. Replies due by 1/11/2010. Signed by Judge James C. Mahan on 12/30/09. (Copies have been distributed pursuant to the NEF - ASB)
December 28, 2009 Opinion or Order Filing 118 ORDER denying plaintiffs' #117 Motion for Leave to File Excess Pages. Signed by Judge James C. Mahan on 12/28/09. (Copies have been distributed pursuant to the NEF - ECS)
December 22, 2009 Filing 117 MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss Counter-Complaint by Counter Defendants Vaughn Barbon, Gino Cicci, Brent Pierce, Pierco Energy Corporation, Pierco Petroleum, Inc.. Motion ripe 12/22/2009. (Kunimoto, Bryce)
December 22, 2009 Filing 116 STIPULATION to Extend Counter-Defendants' Reply Briefs by Counter Defendants Mainland Resources Inc, Ernest Sorochan, William Thomas, Angelo Viard. (Solis-Rainey, Rosa)
December 15, 2009 Filing 115 ERRATA to #106 Response to Motion,,,,,,, #105 Response to Motion,,,,,, #108 Response to Motion,,,,,,, #107 Response to Motion,,,,,,, ; Errata to Exhibits to Defendant/Counter-Claimant David Urquhart and Counter-Claimant Westhampton, Ltd.'s Opposition to the Counter-Defendants' Motions to Dismiss (Docket Nos. 89-95), Volumes 1, 2, 3 and 4 filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
December 15, 2009 Filing 114 RESPONSE to #92 MOTION to Dismiss Counter-Complaint, #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. Defendant/Counter-Claimant David Urquhart and Counter-Claimant Westhampton, Ltd.'s Opposition to the Counter-Defendants' Motions to Dismiss (Docket Nos. 89-95) Replies due by 12/25/2009. (Attachments: #1 Opposition part 2)(Harmon, Sarah)
December 15, 2009 Filing 113 NOTICE by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd. re #104 Response to Motion,,,,,, #112 Order on Motion for Leave to File. Withdrawal of Defendant/Counter-Claimant David Urquhart and Counter-Claimant Westhampton, Ltd.'s Opposition to the Counter-Defendants' Motions to Dismiss (Docket Nos. 89-95) Filed December 7, 2009 as Docket No. 104 (Harmon, Sarah)
December 11, 2009 Opinion or Order Filing 112 ORDER Granting #103 Motion for Leave to File. Signed by Judge James C. Mahan on 12/11/09. (Copies have been distributed pursuant to the NEF - AXM)
December 10, 2009 Opinion or Order Filing 111 ORDER ON STIPULATION Granting #110 Stipulation for Extension of Motions Deadlines. Deadlines re: Motions #89 , #90 , #91 , #92 , and #93 and Joinders #94 and #95 are as follows: Responses due by 12/7/2009. Replies due by 1/4/2010. Signed by Judge James C. Mahan on 12/10/09. (Copies have been distributed pursuant to the NEF - ASB)
December 9, 2009 Filing 110 STIPULATION re #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #92 MOTION to Dismiss Counter-Complaint, #100 Stipulation,,,,,, #91 MOTION to Dismiss Counter-claims, #94 Joinder,,,,, #95 Joinder,,,,, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint ; Stipulation and Order to Extend Time to File Counter-Claimants' Responses to Counter-Defendants' Motions to Dismiss the Counter-Complaint and/or Motions to Strike References to Content of Settlement Communications and Replies Thereto (Second Request) by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
December 9, 2009 NOTICE of Docket Correction to #102 Notice (Other) : ERROR: Wrong event selected by Attorney Sarah A. Harmon ; CORRECTION: Court refiled document using event #109 MOTION to Extend Time regarding dispositive matter (no image attached)(RFJ)
December 7, 2009 Filing 108 RESPONSE to #92 MOTION to Dismiss Counter-Complaint, #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. Exhibits to Defendant/Counterclaimant David Urquhart and Counter-Claimant Westhampton, Ltds Opposition to the Counter-Defendants Motions to Dismiss (Docket Nos. 89-095) Volume 4 Replies due by 12/17/2009. (Attachments: #1 Exhibit Ex. MMM, part 1, #2 Exhibit Ex. MMM, part 2, #3 Exhibit Ex. OOO-PPP, #4 Exhibit Ex. AAAA-IIII, #5 Exhibit Ex. JJJJ, part 1, #6 Exhibit Ex. JJJJ, part 2, #7 Exhibit Ex. LLLL)(Harmon, Sarah)
December 7, 2009 Filing 107 RESPONSE to #92 MOTION to Dismiss Counter-Complaint, #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. Exhibits to Defendant/Counterclaimant David Urquhart and Counter-Claimant Westhampton, Ltds Opposition to the Counter-Defendants Motions to Dismiss (Docket Nos. 89-095) Volume 32 Replies due by 12/17/2009. (Attachments: #1 Exhibit Ex. TT-part 1, #2 Exhibit Ex. TT-part 2, #3 Exhibit Ex. TT-part 3, #4 Exhibit Ex. TT-part 4, #5 Exhibit Ex. AAA-KKK, #6 Exhibit Ex. LLL-part 1, #7 Exhibit Ex. LLL, part 2, #8 Exhibit Ex. LLL, part 3, #9 Exhibit Ex. LLL, part 4)(Harmon, Sarah)
December 7, 2009 Filing 106 RESPONSE to #92 MOTION to Dismiss Counter-Complaint, #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. Exhibits to Defendant/Counterclaimant David Urquhart and Counter-Claimant Westhampton, Ltds Opposition to the Counter-Defendants Motions to Dismiss (Docket Nos. 89-095) Volume 2 Replies due by 12/17/2009. (Attachments: #1 Exhibit Ex AA, #2 Exhibit Ex. BB, #3 Exhibit Ex. CC-EE, #4 Exhibit Ex. FF-JJ, part 1, #5 Exhibit Ex. FF-JJ, part 2, #6 Exhibit Ex. KK, part 1, #7 Exhibit Ex. KK, part 2, #8 Exhibit Ex. LL-SS)(Harmon, Sarah)
December 7, 2009 Filing 105 RESPONSE to #92 MOTION to Dismiss Counter-Complaint, #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. Exhibits to Defendant/Counter-Claimant David Urquhart and Counter-Claimant Westhampton, Ltd.'s Opposition to the Counter-Defendants' Motions to Dismiss (Docket Nos. 89-95) Volume I Replies due by 12/17/2009. (Attachments: #1 Exhibit, #2 Exhibit Ex. A-E, #3 Exhibit Ex. F, #4 Exhibit Ex. G-L, #5 Exhibit Ex. M-O, #6 Exhibit Ex. P, #7 Exhibit Ex. Q-Z)(Harmon, Sarah)
December 7, 2009 Filing 104 RESPONSE to #92 MOTION to Dismiss Counter-Complaint, #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. Defendant/Counter-Claimant David Urquhart and Counter-Claimant Westhampton, Ltd.'s Opposition to the Counter-Defendants' Motions to Dismiss (Docket Nos. 89-95) Replies due by 12/17/2009. (Attachments: #1 Opposition part 2)(Harmon, Sarah)
December 7, 2009 Filing 103 Emergency MOTION for Leave to File Oversized Opposition (Expedited Relief Requested) by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. Motion ripe 12/7/2009. (Harmon, Sarah)
December 4, 2009 Filing 109 NOTICE of Entry of Stipulation; filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. Motion ripe 12/4/2009. (RFJ) Event type corrected on 7/21/2010. (MJZ)
December 4, 2009 Filing 102 ERROR: Wrong event selected by attorney. NOTICE by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd. re #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #92 MOTION to Dismiss Counter-Complaint, #101 Order on Stipulation,,, Set/Reset Motion and R&R Deadlines/Hearings,,, Terminate Deadlines/Hearings,, #100 Stipulation,,,,,, #91 MOTION to Dismiss Counter-claims, #94 Joinder,,,,, #95 Joinder,,,,, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint. Defendant/Counter-Claimant David Urquhart and Counter-Claimant Westhampton, Ltd.'s Notice of Extension of Time to Respond to Counter-Defendants' Motions to Dismiss (Docket Nos. 89-95) (Harmon, Sarah) Modified on 12/9/2009 (RFJ).
November 23, 2009 Opinion or Order Filing 101 ORDER GRANTING #100 Stipulation to Extend Deadlines. Counterclaimants Mr. Urquhart and Westhampton shall have until 12/4/09 to file responses and Counterdefendants shall have until 12/28/09 to file replies re: #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E); #91 MOTION to Dismiss Counter-claims; #90 MOTION to Dismiss ; and #89 MOTION to Dismiss the Counter-Complaint. Signed by Judge James C. Mahan on 11/23/09. (Copies have been distributed pursuant to the NEF - ECS)
November 16, 2009 Filing 100 STIPULATION re #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #92 MOTION to Dismiss Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #94 Joinder,,,,, #95 Joinder,,,,, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint ; Stipulation and Order to Extend Time To File Counter-Claimants' Responses to Counter-Defendants' Motions to Dismiss the Counter-Complaint and/or Motions to Strike References to Content of Settlement Communications and Replies Thereto (First Request) by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
November 12, 2009 Filing 99 DECLARATION re #91 MOTION to Dismiss Counter-claims ; filed by Counter Defendants Mainland Resources Inc, William Thomas, Ernest Sorochan, Angelo Viard. Declaration of Angelo Viard in Support of Motion to Dismiss the Counter-Complaint Against Him (Morris, Steve)
November 12, 2009 Filing 98 ERRATA to #92 MOTION to Dismiss Counter-Complaint ; filed by Counter Defendants William Thomas, Morgan Creek Energy Corporation, Angelo Viard, Marcus Johnson, D. Bruce Horton, Stephen Jewett, Peter Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Newby, Craig)
November 10, 2009 Filing 97 DECLARATION re #91 MOTION to Dismiss Counter-claims ; filed by Counter Defendants Mainland Resources Inc, William Thomas, Ernest Sorochan, Angelo Viard. Declaration of William Thomas in Support of Motion to Dismiss the Counter-Complaint Against Him (Morris, Steve)
November 10, 2009 Filing 96 DECLARATION re #91 MOTION to Dismiss Counter-claims ; filed by Counter Defendants Mainland Resources Inc, William Thomas, Ernest Sorochan, Angelo Viard. Declaration of Ernest Sorochan in Support of Motion to Dismiss the Counter-Complaint Against Him (Morris, Steve)
November 5, 2009 Filing 95 JOINDER to #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #92 MOTION to Dismiss Counter-Complaint, #91 MOTION to Dismiss Counter-claims, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint ; filed by Counter Defendant Empire Stock Transfer, Inc.. (Gewerter, Harold)
November 5, 2009 Filing 94 JOINDER to #93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMIS, #91 MOTION to Dismiss Counter-claims, #90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter, #89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint ; filed by Counter Defendants William Thomas, Morgan Creek Energy Corporation, Angelo Viard, Marcus Johnson, D. Bruce Horton, Stephen Jewett, Peter Wilson. (Newby, Craig)
November 2, 2009 Filing 93 MOTION to Dismiss COUNTER-COMPLAINT PURSUANT TO FED. R. CIV. P. 9(B), 12(B)(2), AND/OR 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(E) and JOINDER IN CO-COUNTERDEFENDANTS' MOTIONS TO DISMISS UNDER FEDERAL RULES OF CIVIL PROCEDURE 9(B), 12(B)(2), 12(B)(6) AND 56(B), AND UNDER RULE 12(F) TO STRIKE ALL REFERENCES TO THE CONTENTS OF SETTLEMENT COMMUNICATIONS INCLUDED IN THE COUNTER-COMPLAINT IN VIOLATION OF FEDERAL RULE OF EVIDENCE 408 by Counter Defendants Byron Coulthard, Abigail Investments, LLC. Responses due by 11/20/2009. (Ford, Aaron)
November 2, 2009 Filing 92 MOTION to Dismiss Counter-Complaint by Counter Defendants William Thomas, Morgan Creek Energy Corporation, Angelo Viard, Marcus Johnson, D. Bruce Horton, Stephen Jewett, Peter Wilson. Responses due by 11/20/2009. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Newby, Craig)
November 2, 2009 Filing 91 MOTION to Dismiss Counter-claims by Counter Defendants Mainland Resources Inc, William Thomas, Ernest Sorochan, Angelo Viard. Responses due by 11/20/2009. (Morris, Steve)
November 2, 2009 Filing 90 MOTION to Dismiss Counter-Defendants Robert Fedun's, Simeon King Horton's, and Michael Newport's Motion to Dismiss Counter-Complaint and Joinder to Other Motions Filed in this Matter by Counter Defendant Robert Fedun. Responses due by 11/20/2009. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hutchison, Mark)
November 2, 2009 Filing 89 MOTION to Dismiss named as Pierco Counter-Defendants' Motion and Supporting Memorandum of Points and Authorities to Dismiss the Counter-Complaint by Counter Defendants Brent Pierce, Gino Cicci, Vaughn Barbon, Pierco Energy Corporation, Pierco Petroleum, Inc.. Responses due by 11/20/2009. (Attachments: #1 Exhibit A-D, #2 Exhibit E-L, #3 Exhibit M1, #4 Exhibit M2-O, #5 Exhibit P-T)(Kunimoto, Bryce)
October 29, 2009 Filing 88 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Roger L. Hunt, on 10/29/2009. By Deputy Clerk: Michael Zadina. IT IS ORDERED that this case is reassigned to Judge James C. Mahan for all further proceedings as district judge. All further documents must bear the correct case number 2:09-cv-01174-JCM-GWF. (no image attached) (Copies have been distributed pursuant to the NEF - MJZ)
October 28, 2009 Filing 87 Counter-Defendant Thomas Markham II's Answer to Counter-Claim ANSWER to #8 Answer to Complaint - Petition for Removal,,,, Counterclaim,,, filed by Thomas Markham, III.(Venci, Ryan)
October 26, 2009 Opinion or Order Filing 86 ORDER GRANTING #81 Stipulation to Extend Time to Respond to Counterclaims., Mainland Resources Inc, Robert Fedun, Simeon King Horton, Michael Newport, Brent Pierce, Gino Cicci, Vaughn Barbon, William Thomas, Morgan Creek Energy Corporation, Pierco Energy Corporation, Pierco Petroleum, Inc., Ernest Sorochan, Angelo Viard, Marcus Johnson, D. Bruce Horton, Stephen Jewett, and Peter Wilson answer due 11/2/2009. Signed by Magistrate Judge George Foley, Jr on 10/23/09. (Copies have been distributed pursuant to the NEF - ECS)
October 26, 2009 Filing 85 MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 10/26/2009. With good cause appearing, the Honorable Judge Larry R. Hicks recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - SL)
October 23, 2009 Opinion or Order Filing 84 ORDER GRANTING #80 Motion to Substitute Attorney. Attorney Patrick G. Byrne and Aaron D. Ford for Abigail Investments, LLC, and Byron Coulthard substituted for Attorney Fred D Gibson, III and Robert W. Hernquist. Signed by Magistrate Judge George Foley, Jr on 10/23/09. (Copies have been distributed pursuant to the NEF - ECS)
October 22, 2009 Filing 83 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Christopher B. Wells and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414813) by Counter Defendants Brent Pierce, Gino Cicci, Vaughn Barbon, Pierco Energy Corporation, Pierco Petroleum, Inc.. Motion ripe 10/22/2009. (Peek, J.) #121 Corrected image added on 1/6/2010. (SRK)
October 22, 2009 Filing 82 VERIFIED PETITION for Permission to Practice Pro Hac Vice by David C. Spellman and DESIGNATION of Local Counsel J. Stephen Peek (Filing fee $ 175 receipt number 09780000000001414784) by Counter Defendants Brent Pierce, Gino Cicci, Vaughn Barbon, Pierco Energy Corporation, Pierco Petroleum, Inc.. Motion ripe 10/22/2009. (Peek, J.) #122 Corrected image added on 1/6/2010. (SRK)
October 22, 2009 Opinion or Order Filing 81 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS (SECOND REQUEST) by Counter Defendants Mainland Resources Inc, William Thomas, Ernest Sorochan, Angelo Viard. (Morris, Steve)
October 15, 2009 Filing 80 MOTION to Substitute Attorney by Plaintiff Abigail Investments, LLC, Counter Defendants Byron Coulthard, Abigail Investments, LLC. Motion ripe 10/15/2009. (Ford, Aaron)
October 15, 2009 Filing 79 SUMMONS Returned Executed by David Urquhart, Westhampton, Ltd. re #8 Answer to Complaint - Petition for Removal,,,, Counterclaim,,, #54 Summons Issued,,,,,. Thomas Markham, III served on 10/8/2009, answer due 10/28/2009. (Harmon, Sarah)
October 13, 2009 Opinion or Order Filing 78 ORDER GRANTING #75 Stipulation to Join #68 Stipulated Discovery Plan and Scheduling Order. Signed by Magistrate Judge George Foley, Jr on 10/13/09. (Copies have been distributed pursuant to the NEF - ECS)
October 13, 2009 Opinion or Order Filing 77 ORDER GRANTING #76 Stipulation to Join #67 Stipulation to Stay Discovery. Signed by Magistrate Judge George Foley, Jr on 10/13/09. (Copies have been distributed pursuant to the NEF - ECS)
October 7, 2009 Filing 76 STIPULATION re #65 Stipulation, #67 Order on Stipulation, Set/Reset Deadlines, Terminate Deadlines/Hearings ; Stipulation to Join Stipulation to Stay Discovery by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
October 7, 2009 Filing 75 STIPULATION re #68 Scheduling Order, ; Stipulation to Join Stipulated Discovery Plan and Scheduling Order by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
September 25, 2009 Filing 74 NOTICE by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd. re #70 Notice (Other). Notice of Filing Proof of Service of Three-Day Notice of Intent to Take Default Against Counter-Defendant Empire Stock Transfer Inc. (Harmon, Sarah)
September 25, 2009 Filing 73 ANSWER to #8 Answer to Complaint - Petition for Removal,,,, Counterclaim,,, filed by Empire Stock Transfer, Inc..(Gewerter, Harold)
September 25, 2009 Opinion or Order Filing 72 ORDER ON STIPULATION re #71 Stipulation. The parties' stipulation for time to plead to counterclaims is granted. (See attached). Signed by Judge Larry R. Hicks on 9/24/09. (Copies have been distributed by NEF - RM)
September 22, 2009 Opinion or Order Filing 71 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS by Counter Defendants Mainland Resources Inc, William Thomas, Ernest Sorochan, Angelo Viard. (Morris, Steve)
September 22, 2009 Filing 70 NOTICE by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd. re #59 Summons Returned Executed. Three-Day Notice of Intent to Take Default Against Counter-Defendant Empire Stock Transfer, Inc. (Harmon, Sarah)
September 15, 2009 Filing 69 SUMMONS Returned Executed by David Urquhart, Westhampton, Ltd. re #8 Answer to Complaint - Petition for Removal,,,, Counterclaim,,, #54 Summons Issued,,,,,. Michael Newport served on 8/29/2009, answer due 9/18/2009. (Harmon, Sarah)
September 9, 2009 Opinion or Order Filing 68 DISCOVERY PLAN and SCHEDULING ORDER. Discovery due by 10/26/2009. Motions due by 11/29/2009. Proposed Joint Pretrial Order due by 12/29/2009. Signed by Magistrate Judge George Foley, Jr on 9/9/09. (Copies have been distributed pursuant to the NEF - ECS)
September 8, 2009 Opinion or Order Filing 67 ORDER GRANTING #65 Stipulation to Stay Discovery. Parties will file a stipulated Discovery Plan by 9/3/2009. Signed by Magistrate Judge George Foley, Jr on 9/8/09. (Copies have been distributed pursuant to the NEF - ECS)
September 3, 2009 Filing 66 PROPOSED Discovery Plan/Scheduling Order filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd. Stipulated Discovery Plan and Proposed Scheduling Order; Special Scheduling Review Requested. (Harmon, Sarah)
September 3, 2009 Filing 65 STIPULATION To Stay Discovery (First Request) by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
September 1, 2009 Filing 64 SUMMONS Returned Executed by David Urquhart, Westhampton, Ltd. re #8 Answer to Complaint - Petition for Removal,,,, Counterclaim,,, #54 Summons Issued,,,,,. Pierco Petroleum, Inc. served on 8/11/2009, answer due 8/31/2009. (Harmon, Sarah)
September 1, 2009 Filing 63 SUMMONS Returned Executed by David Urquhart, Westhampton, Ltd. re #8 Answer to Complaint - Petition for Removal,,,, Counterclaim,,, #54 Summons Issued,,,,,. Pierco Energy Corporation served on 8/11/2009, answer due 8/31/2009. (Harmon, Sarah)
August 17, 2009 Filing 62 WAIVER OF SERVICE Returned Executed by David Urquhart, Westhampton, Ltd. re #54 Summons Issued,,,,,. Byron Coulthard waiver sent on 8/14/2009, answer due 10/13/2009. (Harmon, Sarah)
August 17, 2009 Filing 61 SUMMONS Returned Executed by David Urquhart, Westhampton, Ltd. re #54 Summons Issued,,,,,. Morgan Creek Energy Corporation served on 8/4/2009, answer due 8/24/2009. (Harmon, Sarah)
August 17, 2009 Filing 60 SUMMONS Returned Executed by David Urquhart, Westhampton, Ltd. re #54 Summons Issued,,,,,. Mainland Resources Inc served on 8/4/2009, answer due 8/24/2009. (Harmon, Sarah)
August 17, 2009 Filing 59 SUMMONS Returned Executed by David Urquhart, Westhampton, Ltd. re #54 Summons Issued,,,,,. Empire Stock Transfer, Inc. served on 8/4/2009, answer due 8/24/2009. (Harmon, Sarah)
August 17, 2009 Filing 58 NOTICE by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd. re #54 Summons Issued,,,,,. Notice of Filing Waiver of the Service of Summons and Counterclaim on Byron Coulthard (executed August 14, 2009), whose answer is now due on October 10, 2009 (Harmon, Sarah)
August 10, 2009 Filing 57 ANSWER to #8 Answer to Complaint - Petition for Removal,,,, Counterclaim,,, filed by Abigail Investments, LLC.(Hernquist, Robert)
July 30, 2009 Filing 56 CERTIFICATE of Interested Parties filed by David Urquhart, Westhampton, Ltd... There are no known interested parties other than those participating in the case. (Harmon, Sarah)
July 29, 2009 Filing 55 Joint STATUS REPORT RE: REMOVAL by Defendant David Urquhart, Counter Claimant David Urquhart. (Harmon, Sarah) Event type modified on 8/5/2009. (RFJ)
July 22, 2009 Filing 54 Summons Issued as to Mainland Resources Inc, Robert Fedun, Simeon King Horton, Michael Newport, Brent Pierce, Gino Cicci, Vaughn Barbon, Empire Stock Transfer, Inc., William Thomas, Morgan Creek Energy Corporation, Pierco Energy Corporation, Pierco Petroleum, Inc., Byron Coulthard, Ernest Sorochan, Angelo Viard, Marcus Johnson, Thomas Markham, III, D. Bruce Horton, Blake Box, Stephen Jewett, Erik Essiger, and Peter Wilson. (Attachments: #1 Summons Issued as to Blake Box, #2 Summons Issued as to Bruce Horton, #3 Summons Issued as to Gino Cicci, #4 Summons Issued as to Bryan Coulthard, #5 Summons Issued as to Erik Essiger, #6 Summons Issued as to Empire Stock Transfer, Inc., #7 Summons Issued as to Robert Fedun, #8 Summons Issued as to Stephen Jewett, #9 Summons Issued as to Marcus Johnson, #10 Summons Issued as to Simeon King Horton, #11 Summons Issued as to Thomas Markham, II, #12 Summons Issued as to Morgan Creek Energy Corporation, #13 Summons Issued as to Mainland Resources, Inc., #14 Summons Issued as to Michael Newport, #15 Summons Issued as to Pierco Energy Corporation, #16 Summons Issued as to Brent Pierce, #17 Summons Issued as to Pierco Petroleum, Inc., #18 Summons Issued as to Ernest Sorchan, #19 Summons Issued as to William Thomas, #20 Summons Issued as to Angelo Viard, #21 Summons Issued as to Peter Wilson)(ASB)
July 22, 2009 Filing 53 PROPOSED SUMMONS to be issued Peter Wilson, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 52 PROPOSED SUMMONS to be issued Angelo Viard, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 51 PROPOSED SUMMONS to be issued William Thomas, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 50 PROPOSED SUMMONS to be issued Ernest Sorchan, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 49 PROPOSED SUMMONS to be issued Pierco Petroleum, Inc., filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 48 PROPOSED SUMMONS to be issued Pierco Energy Corporation, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 47 PROPOSED SUMMONS to be issued Brent Pierce, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 46 PROPOSED SUMMONS to be issued Michael Newport, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 45 PROPOSED SUMMONS to be issued Morgan Creek Energy Corporation, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 44 PROPOSED SUMMONS to be issued Thomas Markham, II, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 43 PROPOSED SUMMONS to be issued Mainland Resources, Inc., filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 42 PROPOSED SUMMONS to be issued Marcus Johnson, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 41 PROPOSED SUMMONS to be issued Stephen Jewett, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 40 PROPOSED SUMMONS to be issued D. Bruce Horton, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 39 PROPOSED SUMMONS to be issued Simeon King Horton, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 38 PROPOSED SUMMONS to be issued Robert Fedun, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 37 PROPOSED SUMMONS to be issued Erik Essiger, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 36 PROPOSED SUMMONS to be issued Empire Stock Transfer, Inc., filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 35 PROPOSED SUMMONS to be issued Byron Coulthard, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 34 PROPOSED SUMMONS to be issued Gino Cicci, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 33 PROPOSED SUMMONS to be issued Blake Box, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 32 PROPOSED SUMMONS to be issued Vaughn Barbon, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 22, 2009 Filing 31 NOTICE: Attorney Action Required to #9 through #30 Proposed Summons to be issued. ERROR: Summons not issued, Wrong form used; CORRECTION: Attorney Sarah Harmon advised to download and complete updated "AO 440 (Rev. 2/09) Summons in a Civil Action" form from Court's Website www.nvd.uscourts.gov and refile as a separate event using "Proposed Summons to be Issued" event, found under the under the Service of Process category. (no image attached)(SRK)
July 21, 2009 Filing 30 PROPOSED SUMMONS to be issued Peter Wilson, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 29 PROPOSED SUMMONS to be issued Angelo Viard, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 28 PROPOSED SUMMONS to be issued William Thomas, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 27 PROPOSED SUMMONS to be issued Ernest Sorchan, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 26 PROPOSED SUMMONS to be issued Pierco Petroleum, Inc., filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 25 PROPOSED SUMMONS to be issued Pierco Energy Corporation, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 24 PROPOSED SUMMONS to be issued Brent Pierce, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 23 PROPOSED SUMMONS to be issued Michael Newport, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 22 PROPOSED SUMMONS to be issued Morgan Creek Energy Corporation, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 21 PROPOSED SUMMONS to be issued Thomas Markham, II, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 20 PROPOSED SUMMONS to be issued Mainland Resources, Inc., filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 19 PROPOSED SUMMONS to be issued Marcus Johnson, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 18 PROPOSED SUMMONS to be issued Stephen Jewett, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 17 PROPOSED SUMMONS to be issued D. Bruce Horton, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 16 PROPOSED SUMMONS to be issued Simeon King Horton, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 15 PROPOSED SUMMONS to be issued Robert Fedun, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 14 PROPOSED SUMMONS to be issued Erik Essiger, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 13 PROPOSED SUMMONS to be issued Empire Stock Transfer, Inc., filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 12 PROPOSED SUMMONS to be issued Byron Coulthard, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 11 PROPOSED SUMMONS to be issued Gino Cicci, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 10 PROPOSED SUMMONS to be issued Blake Box, filed by Defendant David Urquhart, Counter Claimants David Urquhart, Westhampton, Ltd.. (Harmon, Sarah)
July 21, 2009 Filing 9 PROPOSED SUMMONS to be issued Vaughn Barbon, filed by Defendant David Urquhart, Counter Claimant David Urquhart. (Harmon, Sarah)
July 21, 2009 Filing 8 Defendant David Urquhart's ANSWER to Complaint with Jury Demand re #1 Petition for Removal, ( Certificate of Interested Parties due by 7/31/2009., Discovery Plan/Scheduling Order due by 9/4/2009.), First COUNTERCLAIM of David Urquhart and Westhampton, Ltd.against Does I-X,inclusive and against Mainland Resources Inc, Robert Fedun, Simeon King Horton, Michael Newport, Brent Pierce, Gino Cicci, Vaughn Barbon, Empire Stock Transfer, Inc., William Thomas, Morgan Creek Energy Corporation, Pierco Energy Corporation, Pierco Petroleum, Inc., Byron Coulthard, Ernest Sorochan, Angelo Viard, Marcus Johnson, Thomas Markham, III, D. Bruce Horton, Blake Box, Stephen Jewett, Erik Essiger, Peter Wilson, Abigail Investments, LLC filed by David Urquhart.(Harmon, Sarah)
July 17, 2009 Filing 7 STATEMENT RE: REMOVAL filed by Defendant David Urquhart. (Harmon, Sarah)
July 16, 2009 Filing 6 CERTIFICATE of Interested Parties filed by Abigail Investments, LLC.. (Hernquist, Robert)
July 15, 2009 Filing 5 DEMAND for Trial by Jury by Defendant David Urquhart. (Harmon, Sarah)
June 30, 2009 Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 6/30/2009. By Deputy Clerk: Aaron Blazevich. Statement regarding removed action is due by 7/18/2009. Joint Status Report regarding removed action is due by 8/2/2009. (Copies have been distributed pursuant to the NEF - ASB)
June 30, 2009 Filing 3 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (ASB)
June 30, 2009 Filing 2 CERTIFICATE of Interested Parties filed by David Urquhart.. There are no known interested parties other than those participating in the case. (Harmon, Sarah)
June 30, 2009 Filing 1 PETITION FOR REMOVAL OF ACTION UNDER 28 U.S.C. SECTION 1441 from Eighth Judicial District Court, Case Number A09-591695-B, (Filing fee $ 350 receipt number 09780000000001281912), filed by David Urquhart. Certificate of Interested Parties due by 7/10/2009. (Attachments: #1 Exhibit A to C, #2 Civil Cover Sheet)(Harmon, Sarah)
June 30, 2009 Case assigned to Judge Larry R. Hicks and Magistrate Judge George Foley, Jr. (ASB)

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Search for this case: Abigail Investments, LLC v. Urquhart
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Plaintiff: Abigail Investments, LLC
Represented By: Aaron D. Ford - Termed
Represented By: Patrick Gerard Byrne
Represented By: Fred D Gibson, III
Represented By: Kelly H Dove
Represented By: Robert W. Hernquist
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Defendant: David Urquhart
Represented By: Dennis L. Kennedy
Represented By: Craig A Henderson
Represented By: Joshua P. Gilmore
Represented By: Sarah A. Harmon
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Counter claimant: Westhampton, Ltd.
Represented By: Dennis L. Kennedy
Represented By: Craig A Henderson
Represented By: Joshua P. Gilmore
Represented By: Sarah A. Harmon
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Counter defendant: Mainland Resources Inc
Represented By: Steve L. Morris
Represented By: Rosa Solis-Rainey
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Counter defendant: Robert Fedun
Represented By: Mark A. Hutchison
Represented By: Cynthia Milanowski
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Counter defendant: Simeon King Horton
Represented By: Cynthia Milanowski
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Counter defendant: Michael Newport
Represented By: Cynthia Milanowski
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Counter defendant: Brent Pierce
Represented By: Bryce K. Kunimoto
Represented By: Christopher Wells
Represented By: David C Spellman
Represented By: J. Stephen Peek
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Counter defendant: Gino Cicci
Represented By: Bryce K. Kunimoto
Represented By: Christopher Wells
Represented By: David C Spellman
Represented By: J. Stephen Peek
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Counter defendant: Vaughn Barbon
Represented By: Bryce K. Kunimoto
Represented By: Christopher Wells
Represented By: David C Spellman
Represented By: J. Stephen Peek
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Counter defendant: Empire Stock Transfer, Inc.
Represented By: Harold P. Gewerter
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Counter defendant: William Thomas
Represented By: Steve L. Morris
Represented By: Craig A. Newby
Represented By: Rosa Solis-Rainey
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Counter defendant: Morgan Creek Energy Corporation
Represented By: Craig A. Newby
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Counter defendant: Pierco Energy Corporation
Represented By: Bryce K. Kunimoto
Represented By: Christopher Wells
Represented By: David C Spellman
Represented By: J. Stephen Peek
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Counter defendant: Pierco Petroleum, Inc.
Represented By: Bryce K. Kunimoto
Represented By: Christopher Wells
Represented By: David C Spellman
Represented By: J. Stephen Peek
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Counter defendant: Byron Coulthard
Represented By: Aaron D. Ford - Termed
Represented By: Patrick Gerard Byrne
Represented By: Kelly H Dove
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Counter defendant: Ernest Sorochan
Represented By: Steve L. Morris
Represented By: Rosa Solis-Rainey
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Counter defendant: Angelo Viard
Represented By: Steve L. Morris
Represented By: Craig A. Newby
Represented By: Rosa Solis-Rainey
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Counter defendant: Marcus Johnson
Represented By: Craig A. Newby
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Counter defendant: Thomas Markham, III
Represented By: Ryan M Venci
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Counter defendant: D. Bruce Horton
Represented By: Craig A. Newby
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Counter defendant: Blake Box
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Counter defendant: Stephen Jewett
Represented By: Craig A. Newby
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Counter defendant: Erik Essiger
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Counter defendant: Peter Wilson
Represented By: Craig A. Newby
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