Burrell Western Resources LLC et al v. Tetra Tech, Inc.
Plaintiff: Burrell Western Resources LLC and Orogrande Garnet Company, LLC
Defendant: Tetra Tech, Inc.
Case Number: 1:2019cv00411
Filed: May 3, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: James O Browning
Referring Judge: John K Robbenhaar
2 Judge: John F Robbenhaar
3 Judge: Steven C Yarbrough
Nature of Suit: Other Fraud
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2019 Filing 39 NOTICE of Briefing Complete by Burrell Western Resources LLC, Orogrande Garnet Company, LLC re #23 Opposed MOTION for Leave to File Plaintiffs' Motion for Leave to File First Amended Complaint filed by Orogrande Garnet Company, LLC, Burrell Western Resources LLC (Hamilton, Stephen)
June 21, 2019 Filing 38 REPLY to Response to Motion re #23 Opposed MOTION for Leave to File Plaintiffs' Motion for Leave to File First Amended Complaint Plaintiffs' Reply in Support of Motion for Leave to File First Amended Complaint filed by Burrell Western Resources LLC, Orogrande Garnet Company, LLC. (Attachments: #1 Exhibit 1 (Plaintiffs' Reply in Support of Motion for Leave to File First Amended Complaint)) (Hamilton, Stephen)
June 19, 2019 Filing 37 RESPONSE Plaintiffs' Response to Defendant's So-Called Notice of Supplemental Authority re #36 Notice (Other) filed by Burrell Western Resources LLC, Orogrande Garnet Company, LLC. (Hamilton, Stephen)
June 19, 2019 Filing 36 NOTICE by Tetra Tech, Inc. re #26 Response in Opposition to Motion to Remand (Ziegler, Gregory)
June 18, 2019 Filing 35 NOTICE of Briefing Complete by Burrell Western Resources LLC, Orogrande Garnet Company, LLC re #21 Opposed MOTION to Remand to State Court Motion to Remand filed by Orogrande Garnet Company, LLC, Burrell Western Resources LLC (Hamilton, Stephen)
June 18, 2019 Filing 34 REPLY to Response to Motion re #21 Opposed MOTION to Remand to State Court Motion to Remand Plaintiffs' Reply in Support of Motion to Remand filed by Burrell Western Resources LLC, Orogrande Garnet Company, LLC. (Attachments: #1 Exhibit 1 (Plaintiffs' Reply in Support of Motion to Remand)) (Hamilton, Stephen)
June 18, 2019 Opinion or Order Filing 33 ORDER by Magistrate Judge John F. Robbenhaar Vacating Initial Scheduling Order. All instructions, deadlines and hearings in the Initial Scheduling Order (Doc. 3) are VACATED. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)
June 18, 2019 District Judge James O. Browning assigned. Sr. District Judge Robert C. Brack no longer assigned to case. (jjs)
June 18, 2019 Opinion or Order Filing 32 ORDER by Sr. District Judge Robert C. Brack Granting #30 Motion to Transfer Case to Judge Browning (jjs)
June 17, 2019 Filing 31 Joint Status Report and Provisional Discovery Plan by Tetra Tech, Inc. (Ziegler, Gregory)
June 17, 2019 Filing 30 Joint MOTION to Transfer Case by Burrell Western Resources LLC, Orogrande Garnet Company, LLC. (Hamilton, Stephen)
June 10, 2019 Filing 29 NOTICE of Briefing Complete by Tetra Tech, Inc. re #4 Partial MOTION to Dismiss as to Plaintiff OGC Only for failure to State a Claim filed by Tetra Tech, Inc. (Ziegler, Gregory)
June 7, 2019 Filing 28 RESPONSE in Opposition re #23 Opposed MOTION for Leave to File Plaintiffs' Motion for Leave to File First Amended Complaint filed by Tetra Tech, Inc.. (Ziegler, Gregory)
June 6, 2019 Filing 27 REPLY to Response to Motion re #4 Partial MOTION to Dismiss as to Plaintiff OGC Only for failure to State a Claim filed by Tetra Tech, Inc.. (Ziegler, Gregory)
June 5, 2019 Filing 26 RESPONSE in Opposition re #21 Opposed MOTION to Remand to State Court Motion to Remand filed by Tetra Tech, Inc.. (Attachments: #1 Appendix) (Ziegler, Gregory)
June 5, 2019 Opinion or Order Filing 25 ORDER by Magistrate Judge John F. Robbenhaar granting 20 Unopposed Motion for Leave to File Under Seal. (kc)
May 30, 2019 Filing 24 Corporate Disclosure Statement by Tetra Tech, Inc. (Ziegler, Gregory)
May 24, 2019 Filing 23 Opposed MOTION for Leave to File Plaintiffs' Motion for Leave to File First Amended Complaint by Burrell Western Resources LLC, Orogrande Garnet Company, LLC. (Attachments: #1 Exhibit 1) (Hamilton, Stephen)
May 24, 2019 Filing 22 RESPONSE in Opposition re #4 Partial MOTION to Dismiss as to Plaintiff OGC Only for failure to State a Claim Plaintiff's Response to Defendant Tetra Tech, Inc.'s Partial Motion to Dismiss as to Plaintiff OGC for Failure to State a Claim filed by Burrell Western Resources LLC, Orogrande Garnet Company, LLC. (Hamilton, Stephen)
May 22, 2019 Filing 21 Opposed MOTION to Remand to State Court Motion to Remand by Burrell Western Resources LLC, Orogrande Garnet Company, LLC. (Attachments: #1 Appendix to Motion to Remand, #2 Exhibit A (to Motion to Remand), #3 Exhibit A-4 (to Motion to Remand), #4 Exhibit A-5 (to Motion to Remand), #5 Exhibit B (to Motion to Remand)) (Hamilton, Stephen)
May 20, 2019 Opinion or Order Filing 19 PROTECTIVE ORDER entered by Magistrate Judge John F. Robbenhaar. (kc)
May 20, 2019 Opinion or Order Filing 18 ORDER by Magistrate Judge John F. Robbenhaar granting #17 Motion for Protective Order. Protective Order will be entered separately. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)
May 20, 2019 Filing 17 Joint MOTION for Protective Order by Burrell Western Resources LLC, Orogrande Garnet Company, LLC. (Attachments: #1 Exhibit A) (Zidovsky, Matthew)
May 20, 2019 Filing 16 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 13. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
May 16, 2019 Filing 15 Association Dues: $ 300 paid, receipt numbers # SF003170, SF003171 and SF003172 re: 7 Association of Attorney Licensed Outside the District, filed by Plaintiff Orogrande Garnet Company, LLC, Plaintiff Burrell Western Resources LLC, 9 Association of Attorney Licensed Outside the District, filed by Plaintiff Orogrande Garnet Company, LLC, Plaintiff Burrell Western Resources LLC, 8 Association of Attorney Licensed Outside the District, filed by Plaintiff Orogrande Garnet Company, LLC, Plaintiff Burrell Western Resources LLC. (gr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
May 16, 2019 Filing 14 PLEASE TAKE NOTICE that this case has been reassigned to Sr. District Judge Robert C. Brack as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Steven C. Yarbrough no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mnb)
May 15, 2019 Filing 12 NOTICE by Burrell Western Resources LLC, Orogrande Garnet Company, LLC re 9 Association of Attorney Licensed Outside the District, Certificate of Good Standing of Kenneth Hickox (Hamilton, Stephen)
May 15, 2019 Filing 11 NOTICE by Burrell Western Resources LLC, Orogrande Garnet Company, LLC re 8 Association of Attorney Licensed Outside the District, Certificate of Good Standing of Michael S. Gardner (Hamilton, Stephen)
May 15, 2019 Filing 10 NOTICE by Burrell Western Resources LLC, Orogrande Garnet Company, LLC re 7 Association of Attorney Licensed Outside the District, Certificate of Good Standing of Jeremy Camp (Hamilton, Stephen)
May 15, 2019 Filing 9 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Burrell Western Resources LLC, Orogrande Garnet Company, LLC by Stephen S. Hamilton on behalf of: Kenneth N. Hickox, Jr. Gardner Haas, PLLC 2501 N. Harwood, Suite 1250Dallas, TX 75201 214-415-3473 kh@gardnerhaas.com (Association Dues - Deliver Payment) (Hamilton, Stephen)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
May 15, 2019 Filing 8 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Burrell Western Resources LLC, Orogrande Garnet Company, LLC by Stephen S. Hamilton on behalf of: Michael S. Gardner Gardner Haas, PLLC 2501 N. Harwood, Suite 1250Dallas, TX 75201 214-415-3473 mg@gardnerhaas.com (Association Dues - Deliver Payment) (Hamilton, Stephen)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
May 15, 2019 Filing 7 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Burrell Western Resources LLC, Orogrande Garnet Company, LLC by Stephen S. Hamilton on behalf of: Jeremy Camp Gardner Haas, PLLC 2501 N. Harwood, Suite 1250Dallas, TX 75201 214-415-3473 jc@GardnerHaas.com (Association Dues - Deliver Payment) (Hamilton, Stephen)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
May 15, 2019 Filing 6 NOTICE by Burrell Western Resources LLC, Orogrande Garnet Company, LLC Notice of Related Case (Hamilton, Stephen)
May 10, 2019 Filing 5 ANSWER to Complaint (Notice of Removal) to Plaintiff BWR Only by Tetra Tech, Inc.. (Ziegler, Gregory)
May 10, 2019 Filing 4 Partial MOTION to Dismiss as to Plaintiff OGC Only for failure to State a Claim by Tetra Tech, Inc.. (Ziegler, Gregory)
May 7, 2019 Opinion or Order Filing 3 INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Joint Status Report due by 6/17/2019. Telephone Scheduling Conference set for 6/27/2019 at 09:30 AM before Magistrate Judge John F. Robbenhaar. The parties are to call Judge Robbenhaar's AT&T Teleconference Line at 888-363-4735, Access Code 2387395, to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 5/28/2019. (kc)
May 3, 2019 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
May 3, 2019 United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge John K. Robbenhaar assigned. (jg)
May 3, 2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6415535 re #1 Notice of Removal, filed by Tetra Tech, Inc. (Payment made via Pay.gov)(Ziegler, Gregory)
May 3, 2019 Filing 1 NOTICE OF REMOVAL by Tetra Tech, Inc. from State Court of New Mexico First Judicial District Court, case number D-101-CV-2019-00688. ( Filing Fee - Online Payment), filed by Tetra Tech, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Ziegler, Gregory)

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Plaintiff: Burrell Western Resources LLC
Represented By: Stephen S. Hamilton
Represented By: Matthew A. Zidovsky
Represented By: Jeremy Camp
Represented By: Kenneth N. Hickox, Jr.
Represented By: Michael S. Gardner
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Plaintiff: Orogrande Garnet Company, LLC
Represented By: Stephen S. Hamilton
Represented By: Matthew A. Zidovsky
Represented By: Kenneth N. Hickox, Jr.
Represented By: Michael S. Gardner
Represented By: Jeremy Camp
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Defendant: Tetra Tech, Inc.
Represented By: Gregory N. Ziegler
Represented By: Jessica Isabelle Hardy
Represented By: William I. Gardner
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