Henderson Oil Company, Inc. v. Delek US Energy, Inc.
Plaintiff: Henderson Oil Company, Inc.
Defendant: Delek US Energy, Inc. and Delek Renewables
Case Number: 1:2019cv00256
Filed: August 30, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Martin Reidinger
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 9, 2020 Filing 13 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 1/9/2020. Signed by Clerk, Frank G. Johns. (khm)
January 9, 2020 Opinion or Order Filing 12 ORDER that the #11 Memorandum and Recommendation is ACCEPTED; the Defendant's #8 Motion to Dismiss is GRANTED; and this action is DISMISSED WITH PREJUDICE pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Signed by District Judge Martin Reidinger on 1/9/2020. (khm)
December 16, 2019 Opinion or Order Filing 11 MEMORANDUM AND RECOMMENDATION AND ORDER: It is RECOMMENDED that Defendant's #8 Motion to Dismiss First Amended Complaint be GRANTED. It is ORDERED that all further proceedings in this action, including all discovery, are STAYED pending the District Judge's ruling on this Memorandum and Recommendation and Order. Objections to M&R due by 12/30/2019. Signed by Magistrate Judge David S. Cayer on 12/16/2019. (maf)
October 24, 2019 Filing 10 REPLY to Response to Motion re #8 MOTION to Dismiss for Failure to State a Claim by Delek US Energy, Inc.. (Garella, C.)
October 17, 2019 Filing 9 RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim by Henderson Oil Company, Inc.. Replies due by 10/24/2019 (Moore, Martin)
October 3, 2019 Filing 8 MOTION to Dismiss for Failure to State a Claim by Delek US Energy, Inc.. Responses due by 10/17/2019 (Attachments: #1 Memorandum in Support of Motion to Dismiss Amended Complaint)(Garella, C.). Motions referred to David S. Cayer.
September 26, 2019 Set Deadlines: Response to Amended Complaint by Delek US Energy, Inc. due 10/4/2019. (maf)
September 20, 2019 Filing 7 AMENDED COMPLAINT with Jury Demand against Delek US Energy, Inc., filed by Henderson Oil Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moore, Martin)
September 20, 2019 Opinion or Order TEXT-ONLY ORDER denying as moot #2 Motion to Dismiss for Failure to State a Claim Text of Order: In light of the filing of the Amended Complaint [Doc. 7], the Defendant's Motion to Dismiss is denied as moot. So Ordered. Entered by District Judge Martin Reidinger on 9/20/19. (LMR)
September 11, 2019 Opinion or Order Filing 6 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice. Attorney Cody T. Vasut is admitted pro hac vice to appear in this case on behalf of Delek US Energy, Inc. Signed by Magistrate Judge David S. Cayer on 9/11/2019. (maf)
September 11, 2019 Filing 5 MOTION for Leave to Appear Pro Hac Vice as to Cody T. Vasut Filing fee $ 281, receipt number 0419-4173471. by Delek US Energy, Inc.. (Garella, C.). Motions referred to David S. Cayer.
September 11, 2019 Notice to Cody T. Vasut: Pursuant to Local Rule 83.1 you are required to Register for ECF by 9/18/2019 at #www.ncwd.uscourts.gov. (maf)
September 6, 2019 Filing 4 Corporate Disclosure Statement by Henderson Oil Company, Inc. (Moore, Martin)
September 6, 2019 Filing 3 Corporate Disclosure Statement by Delek US Energy, Inc. (Garella, C.)
September 6, 2019 Filing 2 MOTION to Dismiss for Failure to State a Claim by Delek US Energy, Inc.. Responses due by 9/20/2019 (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Garella, C.). Motions referred to David S. Cayer.
August 30, 2019 Filing 1 NOTICE OF REMOVAL from Superior Court for Buncombe County, North Carolina, case number 19-cvs-03363. (Filing fee $ 400 receipt number 0419-4157898), filed by Delek US Energy, Inc.. (Attachments: #1 Exhibit 1 - Superior Court Complaint, #2 Exhibit 2 - Superior Court Summons)(Garella, Charles)
August 30, 2019 Case assigned to District Judge Martin Reidinger and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (ejb)

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Defendant: Delek US Energy, Inc.
Represented By: C. Kiel Garella
Represented By: Cody Thane Vasut
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Defendant: Delek Renewables
Represented By: C. Kiel Garella
Represented By: Cody Thane Vasut
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Plaintiff: Henderson Oil Company, Inc.
Represented By: Martin E. Moore
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