Helis Oil & Gas Company, L.L.C. et al v. Evangelinos et al
Plaintiff: Percy Holdings, L.L.C., Helis Oil & Gas Company, L.L.C., OGI Inc., Wind River Resources, Inc., Walter Production, Inc. and Helis Royalty Company, L.L.C.
Defendant: Midwest Land Services, Inc. and Toula Evangelinos
Not Classified By Court: Robert M Kincaid
Case Number: 2:2018cv01660
Filed: December 12, 2018
Court: US District Court for the Southern District of Ohio
Presiding Judge: George C Smith
Referring Judge: Chelsey M Vascura
2 Judge: Michael H Watson
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2020 Filing 48 STIPULATION of Dismissal With Prejudice and Notice of Satisfaction of Judgment by Plaintiffs Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C., OGI Inc., Percy Holdings, L.L.C., Walter Production, Inc., Wind River Resources, Inc.. (Cole, Timothy)
July 10, 2020 ***Civil Case Terminated. (ew)
June 30, 2020 Opinion or Order Filing 47 NOTATION ORDER granting #46 Motion for Extension of Time to File Dismissal Entry by 7/10/2020. By Magistrate Judge Chelsey M. Vascura on 6/30/2020. (agm)
June 29, 2020 Filing 46 Joint MOTION for Extension of Time to File New date requested 6/29/2020. Jt. Motion to Extend Dismissal Entry Filing Deadline by Plaintiffs Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C., OGI Inc., Percy Holdings, L.L.C., Walter Production, Inc., Wind River Resources, Inc.. (Attachments: #1 Text of Proposed Order) (Cole, Timothy)
June 3, 2020 Opinion or Order Filing 45 NOTATION ORDER granting #44 Motion for Extension of Time to file dismissal entries on or before 6/29/2020. By Magistrate Judge Chelsey M. Vascura on 6/3/2020. (agm)
June 2, 2020 Filing 44 Joint MOTION for Extension of Time New date requested 6/29/2020. (Jt Motion to Extend the Dismissal Entry Filing Deadline) by Plaintiffs Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C.. (Attachments: #1 Text of Proposed Order) (Cole, Timothy)
April 23, 2020 Opinion or Order Filing 42 ORDER REASSIGNING CASE. Case reassigned to Judge Michael H. Watson for all further proceedings. Judge George C. Smith no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 4/23/20. (jcw)
February 21, 2020 Filing 40 Notice of Mediation Conference: Mediator Robert M. Kincaid, Jr. to conduct mediation in Vorys, Sater, Seymour and Pease LLP. Mediation Hearing set for 3/25/2020 at 01:00 PM. (Kincaid, Robert)
February 10, 2020 NOTICE DESIGNATING MEDIATOR: Robert M Kincaid assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in March 2020. The mediator will then file a Notice Setting Mediation. (kk2)
January 28, 2020 Filing 39 NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in March 2020. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the Court is 2/7/2020. (kk2)
December 27, 2019 Filing 38 ANSWER to #31 Answer to Crossclaim, filed by Midwest Land Services, Inc. (agm)
December 27, 2019 Opinion or Order Filing 37 NOTATION ORDER granting #36 Motion for Extension of Time to Answer #31 Cross-Claim. By Magistrate Judge Chelsey M. Vascura on 12/27/2019. (agm)
December 24, 2019 Filing 36 Consent MOTION for Extension of Time to File Answer New date requested 12/24/2019. by Defendant Midwest Land Services, Inc., Cross Defendant Midwest Land Services, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Barnes, Brent Allen)
December 24, 2019 Filing 35 NOTICE of Appearance by Brent Allen Barnes for Defendant Midwest Land Services, Inc., Cross Defendant Midwest Land Services, Inc. (Barnes, Brent Allen)
October 30, 2019 Opinion or Order Filing 34 PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 2/26/2020. Motions to Amend due by 2/26/2020. Initial Disclosures due by 11/20/2019. Discovery due by 6/24/2020. Dispositive motions due by 8/26/2020. Primary Expert due by 3/18/2020. Rebuttal Expert due by 5/13/2020. Settlement Demand due by 12/11/2019. Response to Settlement Demand due by 1/10/2020. Mediation Deadline: 3/2020. Signed by Magistrate Judge Chelsey M. Vascura on 10/30/2019. (daf)
October 23, 2019 Filing 33 RULE 26(f) REPORT by Plaintiffs Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C., OGI Inc., Percy Holdings, L.L.C., Walter Production, Inc., Wind River Resources, Inc., Cross Defendant Midwest Land Services, Inc.. (Cole, Timothy)
October 8, 2019 Filing 32 NOTICE of Hearing: Preliminary Pretrial Conference set for 10/30/2019 04:30 PM before Magistrate Judge Chelsey M. Vascura. Please Note:The Rule 26(f) Report for the Eastern Division has changed. Please ensure that you are using the correct form. (agm)
October 7, 2019 Filing 31 Answer and Crossclaim of Defendant Toula Evangelinos, Individually and as Fiduciary for the Estate of Constantine M. Evangelinos ANSWER to #1 Complaint, with Jury Demand , CROSSCLAIM against Midwest Land Services, Inc. filed by Toula Evangelinos(as the Fiduciary for the Estate of Constantine M. Evangelinos). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Fanning, Sara)
August 6, 2019 Opinion or Order Filing 30 JUDGMENT entered pursuant to the Order signed by Judge George C. Smith on 08/05/2019. (mdr)
August 6, 2019 Opinion or Order Filing 29 OPINION and ORDER granting in part and denying in part #22 Motion for Default Judgment. The Court finds that the entry of default against Toula Evangelinos must be VACATED. Further, Plaintiffs' Motion for Default Judgment is denied as the Defendant Toula Evangelions both individually and as Fiduciary for the Estate of Constantine M. Evangelions. Defendant must file a responsive pleading within 60 days from the filing of this Opinion and Order. IT IS HEREBY ORDERED that judgment be entered in favor of Plaintiffs against Defendant Midwest as follows: a. For payment of $1,022,317.65, representing the consideration Plaintiffs paid MidWest for the mineral interest described in the Complaint; b. Pre-judgment interest in the amount of $205,107.70, representing the statutory rate per annum pursuant to sections 1343.03(A) and 5703.47 of the Ohio Revised Code from September 12, 2013 to June 11, 2019; and c. Expenses in the amount of $400. Interest on the judgment, at the rate provided in 28 U.S.C 1961, for as long as the judgment remains unpaid. Signed by Judge George C. Smith on 08/05/2019. (mdr)
August 6, 2019 Set/Reset Deadlines: Toula Evangelinos(as the Fiduciary for the Estate of Constantine M. Evangelinos) answer due 10/7/2019; Toula Evangelinos answer due 10/7/2019. (mdr)
July 25, 2019 Filing 28 MOTION to Set Aside Entry of Default and Response in Opposition to Plaintiffs' Motion for Default Judgment by Defendant Toula Evangelinos. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit B, #7 Exhibit B-1) (Pettorini, Timothy)
July 25, 2019 Filing 27 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant Toula Evangelinos re #26 First MOTION to Set Aside Default Judgment (Pettorini, Timothy)
July 24, 2019 Filing 26 WITHDRAWN PER DOCUMENT #27 First MOTION to Set Aside Default Judgment by Defendant Toula Evangelinos. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit B, #7 Exhibit B-1) (Pettorini, Timothy) Modified text on 7/26/2019 (
July 24, 2019 Filing 25 NOTICE of Appearance by Timothy Batiste Pettorini for Defendant Toula Evangelinos (Pettorini, Timothy)
June 12, 2019 ***Per Judge Smith's chambers, documents 23 & 24 are stricken as improper for the Clerk to file. The motions will be currently pending before the Court. (er)
June 11, 2019 Filing 24 ***STRICKEN, see remark filed 6/12/2019*** DEFAULT JUDGMENT in favor of Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C., OGI Inc., Percy Holdings, L.L.C., Walter Production, Inc., Wind River Resources, Inc. against Midwest Land Services, Inc. Signed by Clerk of Court on 6/11/2019. (er)
June 11, 2019 Filing 23 ***STRICKEN, see remark filed 6/12/2019*** DEFAULT JUDGMENT in favor of Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C., OGI Inc. against Toula Evangelinos and Toula Evangelinos, as Fiduciary for the Estate of Constantine M. Evangelinos. Signed by Clerk of Court on 6/11/2019. (er)
May 10, 2019 Filing 22 MOTION for Default Judgment against MidWest Land Services, Inc. by Plaintiffs Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C., OGI Inc., Percy Holdings, L.L.C., Walter Production, Inc., Wind River Resources, Inc.. (Attachments: #1 Exhibit Exhibit 1) (Cole, Timothy)
April 24, 2019 Filing 21 Clerk's ENTRY OF DEFAULT as to Defendant Midwest Land Services, Inc. (er)
March 25, 2019 Filing 20 SUMMONS Returned Executed as to Defendant Midwest Land Services, Inc.. Midwest Land Services, Inc. served on 1/25/2019, answer due 2/15/2019. (Attachments: #1 Exhibit) (Cole, Timothy)
March 6, 2019 Filing 19 MOTION for Default Judgment against Toula Evangelinos, in her individual capacity, and Toula Evangelinos as Fiduciary for the Estate of Constantine Evangelinos by Plaintiffs Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C., OGI Inc., Percy Holdings, L.L.C., Walter Production, Inc., Wind River Resources, Inc.. (Attachments: #1 Exhibit) (Cole, Timothy)
February 21, 2019 Filing 18 VACATED PER #29 OPINION AND ORDER FILED Clerk's ENTRY OF DEFAULT as to Defendants Toula Evangelinos and Toula Evangelinos, as Fiduciary for the Estate of Constantine M. Evangelinos. (er) Modified on 8/6/2019 (mdr).
February 20, 2019 Filing 16 Application to Clerk for entry of default against Toula Evangelinos . (Attachments: #1 Text of Proposed Order, #2 Exhibit) (Cole, Timothy)
February 19, 2019 Filing 17 SUMMONS Returned Executed: Toula Evangelinos served on 1/26/2019, answer due 2/15/2019. (er)
February 19, 2019 Filing 15 Application to Clerk for entry of default against Toula Evangelinos, as Fiduciary for the Estate of Constantine Evangelinos and MidWest Land Services, Inc. . (Attachments: #1 Text of Proposed Order, #2 Exhibit) (Cole, Timothy)
February 11, 2019 Filing 14 SUMMONS Returned Executed: Toula Evangelinos served on 1/25/2019, answer due 2/15/2019. (er)
January 23, 2019 Filing 13 CERTIFICATE of Mailing by Clerk: A copy of the complaint and issued summons were sent to the named defendants via certified mail. (er)
January 18, 2019 Filing 12 Summons Issued as to Toula Evangelinos(as the Fiduciary for the Estate of Constantine M. Evangelinos), Toula Evangelinos & Midwest Land Services, Inc. (er)
January 15, 2019 Filing 11 REQUEST for Issuance of Summons. MidWest Land Services, Inc. (Cole, Timothy)
January 15, 2019 Filing 10 REQUEST for Issuance of Summons. Toula Evangelinos, as Fiduciary for the Estate of Constantine Evangelinos (Cole, Timothy)
January 15, 2019 Filing 9 REQUEST for Issuance of Summons. Toula Evangelinos (Cole, Timothy)
December 12, 2018 Filing 8 Corporate Disclosure Statement by Plaintiff Wind River Resources, Inc.. (Cole, Timothy)
December 12, 2018 Filing 7 Corporate Disclosure Statement by Plaintiff Walter Production, Inc.. (Cole, Timothy)
December 12, 2018 Filing 6 Corporate Disclosure Statement by Plaintiff OGI Inc.. (Cole, Timothy)
December 12, 2018 Filing 5 Corporate Disclosure Statement by Plaintiff Percy Holdings, L.L.C.. (Cole, Timothy)
December 12, 2018 Filing 4 Corporate Disclosure Statement by Plaintiff Helis Royalty Company, L.L.C.. (Cole, Timothy)
December 12, 2018 Filing 3 Corporate Disclosure Statement by Plaintiffs Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C., Percy Holdings, L.L.C., Walter Production, Inc., Wind River Resources, Inc.. (Cole, Timothy)
December 12, 2018 Filing 2 NOTICE by Plaintiffs Helis Oil & Gas Company, L.L.C., Helis Royalty Company, L.L.C., Percy Holdings, L.L.C., Walter Production, Inc., Wind River Resources, Inc. re #1 Complaint, CIVIL COVER SHEET (Cole, Timothy)
December 12, 2018 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6714504), filed by Helis Oil & Gas Company, L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Cole, Timothy)

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Plaintiff: Percy Holdings, L.L.C.
Represented By: Timothy James Cole
Represented By: Timothy B McGranor
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Plaintiff: Helis Oil & Gas Company, L.L.C.
Represented By: Timothy James Cole
Represented By: Timothy B McGranor
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Plaintiff: OGI Inc.
Represented By: Timothy James Cole
Represented By: Timothy B McGranor
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Plaintiff: Wind River Resources, Inc.
Represented By: Timothy James Cole
Represented By: Timothy B McGranor
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Plaintiff: Walter Production, Inc.
Represented By: Timothy James Cole
Represented By: Timothy B McGranor
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Plaintiff: Helis Royalty Company, L.L.C.
Represented By: Timothy James Cole
Represented By: Timothy B McGranor
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Defendant: Midwest Land Services, Inc.
Represented By: Bruce Eugene Smith
Represented By: Brent Allen Barnes
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Defendant: Toula Evangelinos
Represented By: Timothy Batiste Pettorini
Represented By: Sara Elaine Fanning
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Not classified by court: Robert M Kincaid
Represented By: Robert Myron Kincaid, Jr.
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