Hoog v. Trinity Operating (USG), LLC et al
| Kevin Hoog |
| Trinity Operating (USG), LLC and WSGP Gas Producing, LLC |
| 6:2021cv00260 |
| August 31, 2021 |
| US District Court for the Eastern District of Oklahoma |
| Ronald A White |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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Filing 7
MINUTE ORDER by Magistrate Judge Kimberly E. West: In accordance with the Joint Notice of Mootness Relating to Defendants' Motion to Quash and Motion for Protective Order Regarding Subpoenas to Kris L. Terry (Docket Entry #6 ), Trinity Operating (USG), LLC's and WSGP Gas Producing, LLC's Motion to Quash and Motion for Protective Order Regarding Subpoenas to Kris L. Terry (Docket Entry #1 ) is hereby deemed MOOT. (adw, Deputy Clerk)
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| Filing 6 NOTICE of Mootness Related to Defendants' Motion to Quash and Motion for Protective Order (Re: #1 MOTION for Protective Order ) by Trinity Operating (USG), LLC, WSGP Gas Producing, LLC (Blythe, Michele) |
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Filing 5
MINUTE ORDER by District Judge Ronald A. White referring #1 MOTION to Quash and MOTION for Protective Order to Magistrate Judge Kimberly E. West for final determination pursuant to Title 28 United States Code Section 636(b)(1). (tls, Deputy Clerk) NEF regenerated to all Counsel of Record on 9/13/2021 (tls, Deputy Clerk).
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| Filing 4 CASE TRANSFERRED IN from the Texas Northern |
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Filing 3
ELECTRONIC ORDER: Federal Rule of Civil Procedure 45(f) provides that, "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to the subpoena consents or if the court finds exceptional circumstances." Fed. R. Civ. P. 45(f). "Rule 45(f) does not require that a motion to transfer be filed, and the Court may sua sponte order transfer where appropriate." Orix USA Corp. v. Armentrout, No. 3:16-mc-63-N-BN, 2016 WL 3926507, at *2 (N.D. Tex. July 21, 2016).Defendants Trinity Operating (USG), LLC and WSGP Gas Producing, LLC have filed a motion asking, pursuant to Federal Rules of Civil Procedure 26(c) and 45(d), for a protective order and to quash the document subpoena and deposition subpoena noticed for Defendants' testifying expert, Kris L. Terry, in the underlying litigation in Kevin Hoog v. PetroQuest Energy, L.L.C., et al., No. 6:16-cv-00463-RAW, in the United States District Court for the Eastern District of Oklahoma. In part, Defendants point to their intention to seek reconsideration of a recent order seeking leave to take expert witnesses' deposition, including Kris L. Terry's, and to Local Civil Rules of the Eastern District of Oklahoma 30.1(a)(1). It is clear from Defendants' motion and the underlying Eastern District of Oklahoma case's docket sheet that exceptional circumstances here warrant transferring this motion to avoid disrupting the issuing court's management of the underlying litigation. And Defendants themselves and their expert witness cannot be prejudiced or unduly burdened by having the Eastern District of Oklahoma resolve this matter upon transfer.The Court, under Rule 45(f) based on exceptional circumstances, will transfer Trinity Operating (USG), LLC and WSGP Gas Producing, LLC's Motion to Quash and Motion for Protective Order Regarding Subpoenas to Kris L. Terry #1 to the United States District Court for the Eastern District of Oklahoma, where the underlying matter is pending and where significant litigation has already occurred. The Court ORDERS that Trinity Operating (USG), LLC and WSGP Gas Producing, LLC's Motion to Quash and Motion for Protective Order Regarding Subpoenas to Kris L. Terry #1 is transferred and remitted to the United States District Court of the Eastern District of Oklahoma, Muskogee Division, under Federal Rule of Civil Procedure 45(f) for determination in connection with the underlying litigation, Kevin Hoog v. PetroQuest Energy, L.L.C., et al., No. 6:16-cv-00463-RAW (E.D. Okla.). (Ordered by Magistrate Judge David L. Horan on 8/30/2021.) [Transferred from txnd on 9/2/2021.]
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Filing 2
ORDER OF REFERENCE: Under Authority of 28 U.S.C. 636(b), the #1 motion to quash subpoena is referred to United States Magistrate Judge David L. Horan for disposition. (Ordered by Judge David C Godbey on 8/30/2021) (twd) [Transferred from txnd on 9/2/2021.]
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| New Case Notes: A filing fee has been paid. Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Case preliminarily assigned to Judge Horan for items that may be referred. (mjr) [Transferred from txnd on 9/2/2021.] |
| Filing 1 Motion to Quash Subpoena filed by Trinity Operating (USG), LLC, WSGP Gas Producing, LLC. (Filing fee $49; Receipt number 0539-12176473) (Attachments: #1 Cover Sheet Civil Cover Sheet, #2 Proposed Order Proposed Order, #3 Exhibit(s) Appendix) (Blythe, Michele) [Transferred from txnd on 9/2/2021.] |
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