Petco Petroleum Corporation v. West et al
| Petco Petroleum Corporation |
| Flash Electric Services LLC, David West, U.S. Oil Reclaimers, LLC, R Steve Crowder, Phillip L Osterhout and Kenneth Hinshaw |
| 4:2019cv00439 |
| August 8, 2019 |
| US District Court for the Northern District of Oklahoma |
| Claire V Eagan |
| Gregory K Frizzell |
| Susan E Huntsman |
| Frank H McCarthy |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
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Filing 168
ORDER by Judge Gregory K Frizzell ; striking/terminating deadline(s)/Hearing(s); granting #167 Motion to Strike Hearing(s)/Deadline(s) (Re: #167 Joint MOTION to Strike Hearing(s)/Deadline(s) Dispositive Motions Hearing ) (kjp, Dpty Clk)
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Filing 167
Joint MOTION to Strike Hearing(s)/Deadline(s) Dispositive Motions Hearing by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 166
MOTION of Plaintiff to Deem Its Motion for Partial Summary Judgment Against Defendants David West and Flash Electric Services LLC Confessed by Petco Petroleum Corporation (Gerow, Blake)
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Filing 165
STIPULATION of Dismissal, dismissing U.S. Oil Reclaimers, LLC, R. Steve Crowder, Phillip L. Osterhout, Kenneth Hinshaw, dismissing all claims asserted between only the Settling Parties, by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 164
ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Dismissal Papers due by 1/10/2023); granting #163 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: #163 Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to Extend the Deadline for Filing Stipulation of Dismissal ) (clb, Dpty Clk)
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Filing 163
Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to Extend the Deadline for Filing Stipulation of Dismissal by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 162
Partial MOTION for Summary Judgment Against Defendants David West and Flash Electric Services LLC by Petco Petroleum Corporation (With attachments) (Gerow, Blake)
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Filing 161
MINUTE ORDER by Judge Gregory K Frizzell the settlement report having been amended to reflect a partial settlement (See Doc. 160 ), VACATING the Administrative Closing Order [Doc. 159], vacating/setting aside order(s), reopening case, setting/resetting deadline(s)/hearing(s): The Scheduling Order entered 9/19/2022 is reinstated: ( Discovery due by 12/5/2022, Dispositive Motions due by 12/19/2022, Motion Hearing set for 2/13/2023 at 01:30 PM before Judge Gregory K Frizzell) (Re: #159 Order, Administratively Closing Case, 160 Minute Order,,, #149 Scheduling Order,, Setting/Resetting Scheduling Order Date(s),, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), ) (Documents Terminated: #159 Order, Administratively Closing Case ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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Filing 160
MINUTE ORDER by Magistrate Judge Christine D Little The ASJ has supplied the court with an amended settlement report, indicating that the case did not settle as to defendants David West and Flash Electric Services LLC, such that the litigation has only partially settled. (Re: 158 Minute Order,, Setting/Resetting Deadline(s)/Hearing(s), ) (This entry is the Official Order of the Court. No document is attached.) (CDLJ, Judge)
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***Civil Case Terminated (see document number #159 ) (sc, Dpty Clk)
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Filing 159
ORDER by Judge Gregory K Frizzell (Joint Stipulation of Dismissal due by 12/21/2022), administratively closing the case (terminates case) (kjp, Dpty Clk) Modified on 11/29/2022 - VACATED per 161 (sc, Dpty Clk).
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Filing 158
MINUTE ORDER by Magistrate Judge Christine D Little ASJ Paul DeMuro advised the Court that the litigation has settled. The parties shall file their fully executed Stipulation of Dismissal by 12/21/22., setting/resetting deadline(s)/hearing(s): ( Dismissal Papers due by 12/21/2022) (This entry is the Official Order of the Court. No document is attached.) (CDL2, Chambers)
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Filing 157
SETTLEMENT CONFERENCE REPORT by Adjunct Settlement Judge Paul DeMuro advising settlement negotiations are pending. The parties are to phone ASJ DeMuro by 5:00 p.m. on Friday, November 18, 2022. (CDL2, Chambers)
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Filing 156
MINUTE ORDER by Magistrate Judge Christine D Little Upon consideration of the Motion to Participate in Settlement Conference by Phone (Doc. No. 154), the Motion is hereby GRANTED. Defendant David West, Defendant Flash Electric Services, LLC, and their counsel are permitted to participate in the November 16, 2022, settlement conference via telephonic means. Counsel for Defendants West and Flash Electric is directed to coordinate with the Adjunct Settlement Judge in advance of the settlement conference. ; granting #154 Motion for Miscellaneous Relief (Re: #154 MOTION Motion to Participate in Settlement Conference by Phone ) (This entry is the Official Order of the Court. No document is attached.) (CDL2, Chambers)
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Filing 155
MINUTE ORDER by Judge Gregory K Frizzell , referring motion(s) to Magistrate Judge Little (Re: #154 MOTION Motion to Participate in Settlement Conference by Phone ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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Filing 154
MOTION Motion to Participate in Settlement Conference by Phone by David West (Ross, David)
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Filing 153
ORDER by Magistrate Judge Christine D Little ; setting/resetting deadline(s)/hearing(s): before ASJ Paul DeMuro (at courthouse) ( Settlement Conference set for 11/16/2022 at 10:00 AM before Adjunct Settlement Judge); granting #151 Motion to Accelerate/Extend/Reset Settlement Deadline(s)/Conference (Re: #151 Joint MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference ) (CDL2, Chambers)
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Filing 152
MINUTE ORDER by Judge Gregory K Frizzell , referring motion(s) to Magistrate Judge Little (Re: #151 Joint MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference ) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)
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Filing 151
Joint MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 150
NOTICE of Change of Address by Mark Alan Warman by on behalf of Kenneth Hinshaw (Warman, Mark)
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Filing 149
SCHEDULING ORDER by Judge Gregory K Frizzell (Sixth Amended Scheduling Order) ; setting/resetting scheduling order date(s): ( Discovery due by 12/5/2022, Dispositive Motions due by 12/19/2022, Motion Hearing set for 2/13/2023 at 01:30 PM before Judge Gregory K Frizzell); granting #148 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (kjp, Dpty Clk)
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Filing 148
Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) [Modify Remaining Deadlines in the Fourth Amended Scheduling Order] by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 147
ORDER by Judge Gregory K Frizzell ; granting #146 Motion for Miscellaneous Relief (lah, Chambers)
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Filing 146
Unopposed MOTION of Plaintiff for Order Permitting Use of Electronic Stenographic Equipment at Deposition of David West by Petco Petroleum Corporation (Gerow, Blake)
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Filing 145
ORDER by Magistrate Judge Christine D Little ; setting/resetting deadline(s)/hearing(s): before ASJ Paul DeMuro (at courthouse) ( Settlement Conference set for 10/14/2022 at 10:00 AM before Adjunct Settlement Judge); granting #143 Motion to Accelerate/Extend/Reset Settlement Deadline(s)/Conference (LML, Chambers)
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Filing 144
MINUTE ORDER by Judge Gregory K Frizzell , referring motion(s) to Magistrate Judge Little (Re: #143 Unopposed MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference ) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)
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Filing 143
Unopposed MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 142
SCHEDULING ORDER by Judge Gregory K Frizzell (Fifth Amended Scheduling Order) ; setting/resetting scheduling order date(s): ( Discovery due by 10/3/2022, Dispositive Motions due by 10/17/2022, Motion Hearing set for 12/13/2022 at 01:30 PM before Judge Gregory K Frizzell); granting #141 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (kjp, Dpty Clk)
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Filing 141
Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 140
ORDER by Judge Gregory K Frizzell ; granting #139 Motion for Miscellaneous Relief (lah, Chambers)
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Filing 139
Unopposed MOTION for Leave to Depose Defendant David West by Petco Petroleum Corporation (With attachments) (Gerow, Blake)
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Filing 138
ORDER by Judge Gregory K Frizzell ; terminating attorney Grant Bailey Thetford ; granting #136 Motion to Withdraw Attorney(s) (lah, Chambers)
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Filing 137
SETTLEMENT CONFERENCE ORDER by Magistrate Judge Christine D Little , setting/resetting deadline(s)/hearing(s): before ASJ Paul DeMuro (at courthouse) ( Settlement Conference set for 8/11/2022 at 10:00 AM before Adjunct Settlement Judge) (LML, Chambers)
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Filing 136
MOTION to Withdraw Attorney(s) as Counsel for Defendants by R Steve Crowder, Phillip L Osterhout, U.S. Oil Reclaimers, LLC (Thetford, Grant)
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Filing 135
ANSWER with Jury Demand (Re: #72 Amended Complaint, ) by Phillip L Osterhout (McLemore, Evan)
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Filing 134
ANSWER with Jury Demand (Re: #72 Amended Complaint, ) by R Steve Crowder (McLemore, Evan)
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Filing 133
SCHEDULING ORDER by Judge Gregory K Frizzell (Fourth Amended Scheduling Order), setting/resetting scheduling order date(s): ( Discovery due by 8/1/2022, Dispositive Motions due by 8/15/2022, Motion Hearing set for 10/11/2022 at 01:30 PM before Judge Gregory K Frizzell, Proposed Pretrial Order due by 10/31/2022, Pretrial Conference set for 11/7/2022 at 09:30 AM before Judge Gregory K Frizzell, Jury Trial set for 11/21/2022 at 09:30 AM before Judge Gregory K Frizzell) (kjp, Dpty Clk)
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Filing 132
MINUTES of Proceedings - held before Judge Gregory K Frizzell: Status Hearing held on 2/1/2022 (setting Answer deadline for defendants Crowder and Osterhout: 2/9/22), striking/terminating deadline(s)/Hearing(s) (Court Reporter: Brian Neil) (kjp, Dpty Clk)
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Filing 131
MINUTE ORDER by Judge Gregory K Frizzell - Time Change Only, the Scheduling/Status hearing on 2/1/2022 will be held at 10:30 AM, setting/resetting deadline(s)/hearing(s): ( Status Hearing set for 2/1/2022 at 10:30 AM before Judge Gregory K Frizzell) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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Filing 130
ORDER by Judge Gregory K Frizzell striking scheduling/status hearing set on 1/11/2022 ; setting/resetting deadline(s)/hearing(s): Scheduling/ ( Status Hearing set for 2/1/2022 at 09:30 AM before Judge Gregory K Frizzell); granting #129 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (kjp, Dpty Clk)
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Filing 129
Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Scheduling and Status Conference by Petco Petroleum Corporation (Gerow, Blake)
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Filing 128
AMENDED ANSWER with Jury Demand (Re: #72 Amended Complaint, ) by Flash Electric Services LLC, David West (Ross, David)
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Filing 127
MINUTE ORDER by Judge Gregory K Frizzell setting a scheduling/status conference for January 11, 2022 at 2:00 p.m., setting/resetting deadline(s)/hearing(s): In-person hearing, ( Status Hearing set for 1/11/2022 at 02:00 PM before Judge Gregory K Frizzell) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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Filing 126
ANSWER with Jury Demand (Re: #72 Amended Complaint, ) by Flash Electric Services LLC, David West (Ross, David)
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Filing 125
ORDER by Judge Gregory K Frizzell ; granting #110 Motion to Dismiss (lah, Chambers)
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Filing 124
ORDER by Judge Gregory K Frizzell ; granting #123 Motion for Extension of Time to Answer (lah, Chambers)
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Filing 123
Second MOTION for Extension of Time to Answer (Re: #72 Amended Complaint, ) by Flash Electric Services LLC, David West (Ross, David)
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Filing 122
ORDER by Judge Gregory K Frizzell (Deadline set 11/15/2021) ; granting #121 Motion for Extension of Time to Answer (kjp, Dpty Clk)
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Filing 121
Unopposed MOTION for Extension of Time to Answer (Re: #72 Amended Complaint, ) by Flash Electric Services LLC, David West (Ross, David)
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Filing 120
ATTORNEY APPEARANCE by David Robert Ross on behalf of Flash Electric Services LLC, David West [Note: Attorney David Robert Ross added to party Flash Electric Services LLC(pty:dft), Attorney David Robert Ross added to party David West(pty:dft).] (Ross, David)
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Filing 119
ORDER by Judge Gregory K Frizzell ; lifting the stay; granting #118 Motion to Lift Stay (Re: 61 Minute Order,,, Ruling on Motion to Stay,, ) (lah, Chambers)
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Filing 118
MOTION to Lift Stay of Proceedings Against Defendants David West and Flash Electric Services, LLC by Petco Petroleum Corporation (With attachments) (Tifft, Aaron)
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Filing 117
ORDER by Judge Gregory K Frizzell ; striking/terminating deadline(s)/Hearing(s); granting #116 Motion to Strike Hearing(s)/Deadline(s) (lah, Chambers)
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Filing 116
Unopposed MOTION to Strike Hearing(s)/Deadline(s) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 115
MINUTE ORDER by Judge Gregory K Frizzell Defendant Kenneth Hinshaw's Motion to Supplement Response Objecting to Plaintiff's Motion to Dismiss Counterclaim is denied as defendant makes no allegation that new material was raised for the first time in the reply brief. See LCvR7-1(f). ; denying #113 Motion to Supplement (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)
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Filing 114
RESPONSE in Opposition to Motion (Re: #113 MOTION to Supplement Response Objecting to Plaintiff's Motion to Dismiss Counterclaim ) by Petco Petroleum Corporation ; (Tifft, Aaron)
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Filing 113
MOTION to Supplement Response Objecting to Plaintiff's Motion to Dismiss Counterclaim (Re: #112 Reply to Response to Motion ) by Kenneth Hinshaw (Warman, Mark)
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Filing 112
REPLY to Response to Motion (Re: #110 MOTION to Dismiss Counterclaim of Defendant Kenneth Hinshaw ) by Petco Petroleum Corporation ; (Tifft, Aaron)
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Filing 111
RESPONSE in Opposition to Motion (Re: #110 MOTION to Dismiss Counterclaim of Defendant Kenneth Hinshaw ) by Kenneth Hinshaw ; (Warman, Mark)
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Filing 110
MOTION to Dismiss (Re: #106 Counterclaim) Counterclaim of Defendant Kenneth Hinshaw by Petco Petroleum Corporation (Tifft, Aaron) Modified on 8/6/2021 to create link to doc. 106 (sc, Dpty Clk).
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Filing 109
MINUTE ORDER by Judge Gregory K Frizzell The Court has a significant number of criminal cases awaiting trial due to the COVID-19 pandemic and the decision of the Supreme Court in McGirt v. United States, 140 S. Ct. 2452 (2020). Criminal cases must be tried before civil cases, and civil cases will most likely not be tried by a district judge unless and until all criminal cases on a monthly trial docket have been resolved or continued. Under Fed. R. Civ. P. 73, the parties in a civil case may consent to a trial before a magistrate judge, and this option is available for civil litigants who wish to have a jury trial. The AO-85 consent forms are available on the U.S. District Court website. However, the parties are free to withhold consent to a trial before a magistrate judge without any adverse consequences, and the parties are reminded of this option only as a possible means of expediting a civil trial in cases in which the parties desire to expedite the final resolution of their case. The parties may also request an additional settlement conference at any time. (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)
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Filing 108
ANSWER with Jury Demand (Re: #72 Amended Complaint, ) by U.S. Oil Reclaimers, LLC (McLemore, Evan)
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Filing 107
ATTORNEY APPEARANCE by Blake H Gerow on behalf of Petco Petroleum Corporation [Note: Attorney Blake H Gerow added to party Petco Petroleum Corporation(pty:pla).] (Gerow, Blake)
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Filing 106
COUNTERCLAIM with Jury Demand against Petco Petroleum Corporation by Kenneth Hinshaw (Warman, Mark)
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Filing 105
ANSWER (Re: #72 Amended Complaint, ) by Kenneth Hinshaw (Warman, Mark)
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Filing 104
ORDER by Judge Gregory K Frizzell ; denying #85 Motion to Dismiss; denying #87 Motion to Dismiss (lah, Chambers)
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Filing 103
MINUTE ORDER by Court Clerk reassigning the magistrate judge in this case pursuant to General Order 21-15, reassigning case to Magistrate Judge Susan E Huntsman, Magistrate Judge Christine D Little no longer assigned to case, changing case number to 19-cv-439-GKF-SH (This entry is the Official Order of the Court. No document is attached.) (jln, Dpty Clk)
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Filing 102
MINUTE ORDER by Judge Gregory K Frizzell ; terminating attorney Barrett Lynn Powers ; granting #101 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)
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Filing 101
MOTION to Withdraw Attorney(s) by Flash Electric Services LLC, David West (Powers, Barrett)
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Filing 100
REPLY to Response to Motion (Re: #87 MOTION to Dismiss in Part and Brief in Support ) by Kenneth Hinshaw ; (Warman, Mark)
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Filing 99
REPLY to Response to Motion (Re: #85 MOTION to Dismiss ) by R Steve Crowder, Phillip L Osterhout ; (With attachments) (Thetford, John)
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Filing 98
RESPONSE in Opposition to Motion (Re: #87 MOTION to Dismiss in Part and Brief in Support ) by Petco Petroleum Corporation ; (Tifft, Aaron)
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Filing 97
RESPONSE in Opposition to Motion (Re: #85 MOTION to Dismiss ) by Petco Petroleum Corporation ; (Tifft, Aaron)
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Filing 96
NOTICE of Docket Entry Modification; Error: pdf had wrong reply date; Correction: attached pdf with corrected reply date (Re: #95 Order,, Setting/Resetting Deadline(s)/Hearing(s),, Ruling on Motion for Extension of Time to Respond to Motion, ) (srt, Dpty Clk)
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Filing 95
ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 3/11/2021, Replies due by 3/25/2021); granting #94 Motion for Extension of Time to Respond to Motion (Re: #87 MOTION to Dismiss in Part and Brief in Support ) (lah, Chambers) Modified on 3/3/2021 to replace pdf with corrected reply deadline) (srt, Dpty Clk).
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Filing 94
Second MOTION for Extension of Time to Respond to Motion for Partial Dismissal by Defendant Hinshaw (Re: #87 MOTION to Dismiss in Part and Brief in Support ) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 93
ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 3/8/2021, Replies due by 3/22/2021); granting #92 Motion for Extension of Time to Respond to Motion (Re: #85 MOTION to Dismiss ) (lah, Chambers)
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Filing 92
Second MOTION for Extension of Time to Respond to Motion (Re: #85 MOTION to Dismiss ) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 91
ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 3/4/2021, Replies due by 3/18/2021); granting #89 Motion for Extension of Time to Respond to Motion (Re: #87 MOTION to Dismiss in Part and Brief in Support ) (lah, Chambers)
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Filing 90
ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 3/1/2021, Replies due by 3/15/2021); granting #88 Motion for Extension of Time to Respond to Motion (Re: #85 MOTION to Dismiss ) (lah, Chambers)
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Filing 89
Unopposed MOTION for Extension of Time to Respond to Motion for Partial Dismissal by Defendant Hinshaw (Re: #87 MOTION to Dismiss in Part and Brief in Support ) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 88
Unopposed MOTION for Extension of Time to Respond to Motion (Re: #85 MOTION to Dismiss) Response to Defendants Crowder's and Osterhout's Motion for Partial Dismissal and Brief in Support by Petco Petroleum Corporation (Tifft, Aaron) Modified on 2/4/2021 to change event and create link to 85 (sac, Dpty Clk).
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NOTICE of Docket Entry Modification; Error: wrong event selected (Motion to Accelerate/Extend/Reset Hearings/Deadlines); Correction: changed event (Motion for Extension of Time to Respond to Motion) (Re: #88 MOTION for Extension of Time to Respond to Motion ) (sac, Dpty Clk)
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Filing 87
MOTION to Dismiss in Part and Brief in Support by Kenneth Hinshaw (Warman, Mark)
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Filing 86
ATTORNEY APPEARANCE by Mark Alan Warman on behalf of Kenneth Hinshaw [Note: Attorney Mark Alan Warman added to party Kenneth Hinshaw(pty:dft).] (Warman, Mark)
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Filing 85
MOTION to Dismiss by R Steve Crowder, Phillip L Osterhout (Thetford, John)
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Filing 84
ANSWER with Jury Demand (Re: #72 Amended Complaint, ) by U.S. Oil Reclaimers, LLC (McLemore, Evan)
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Filing 83
ATTORNEY APPEARANCE by Grant Bailey Thetford on behalf of R Steve Crowder, Phillip L Osterhout [Note: Attorney Grant Bailey Thetford added to party R Steve Crowder(pty:dft), Attorney Grant Bailey Thetford added to party Phillip L Osterhout(pty:dft).] (Thetford, Grant)
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Filing 82
ATTORNEY APPEARANCE by John Michael Thetford on behalf of R Steve Crowder, Phillip L Osterhout [Note: Attorney John Michael Thetford added to party R Steve Crowder(pty:dft), Attorney John Michael Thetford added to party Phillip L Osterhout(pty:dft).] (Thetford, John)
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Filing 81
ATTORNEY APPEARANCE by Evan Mcguire McLemore on behalf of R Steve Crowder, Phillip L Osterhout [Note: Attorney Evan Mcguire McLemore added to party R Steve Crowder(pty:dft), Attorney Evan Mcguire McLemore added to party Phillip L Osterhout(pty:dft).] (McLemore, Evan)
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Filing 80
SUMMONS Returned Executed re: Phillip L Osterhout (Re: #72 Amended Complaint, ) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 79
SUMMONS Returned Executed re: Kenneth Hinshaw (Re: #72 Amended Complaint, ) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 78
SUMMONS Returned Executed re: R Steve Crowder (Re: #72 Amended Complaint, ) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 77
ORDER by Judge Gregory K Frizzell ; granting #76 Motion for Extension of Time to Answer (lah, Chambers)
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Filing 76
Unopposed MOTION for Extension of Time to Answer (Re: #72 Amended Complaint, ) by U.S. Oil Reclaimers, LLC (McLemore, Evan)
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Filing 75
SCHEDULING ORDER by Judge Gregory K Frizzell (Third Amended Scheduling Order), setting/resetting scheduling order date(s): ( Discovery due by 10/1/2021, Dispositive Motions due by 10/15/2021, Motion Hearing set for 12/9/2021 at 01:30 PM before Judge Gregory K Frizzell, Proposed Pretrial Order due by 1/31/2022, Pretrial Conference set for 2/7/2022 at 09:30 AM before Judge Gregory K Frizzell, Jury Trial set for 2/22/2022 at 09:30 AM before Judge Gregory K Frizzell) (kjp, Dpty Clk) Modified on 9/21/2021 - STRICKEN per #117 (sc, Dpty Clk).
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Filing 74
MINUTES of Proceedings - held before Judge Gregory K Frizzell: Scheduling Conference held on 1/4/2021 , striking/terminating deadline(s)/Hearing(s) (Court Reporter: None) (kjp, Dpty Clk)
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Filing 73
SUMMONS Issued by Court Clerk as to R Steve Crowder, Kenneth Hinshaw, Phillip L Osterhout (sc, Dpty Clk)
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Filing 72
First AMENDED COMPLAINT with Jury Demand against All Defendants David West, U.S. Oil Reclaimers, LLC, Flash Electric Services LLC, R. Steve Crowder, Phillip L. Osterhout, and Kenneth Hinshaw (Re: #1 Complaint ) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 71
MINUTE ORDER by Judge Gregory K Frizzell As set forth in the Court's Opinion and Order at Doc. 70, a telephonic scheduling conference is set for January 4, 2021 at 9:30 a.m. Plaintiff's counsel is directed to set up the conference call and notify the court and all parties of the conference call-in number and access information. If any party requests a court reporter be present for the conference, please notify Courtroom Deputy Karen Perkins by December 29, 2020., setting/resetting deadline(s)/hearing(s): ( Status Hearing set for 1/4/2021 at 09:30 AM before Judge Gregory K Frizzell) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)
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Filing 70
OPINION AND ORDER by Judge Gregory K Frizzell ; granting #55 Motion to Amend (lah, Chambers)
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Filing 69
MINUTE ORDER by Magistrate Judge Christine D Little The Joint Motion to Continue Settlement Conference (Doc. 66) is granted. The Settlement Conference set on 12/9/2020 at 9:30 a.m. is stricken to be reset upon application. ; striking/terminating deadline(s)/Hearing(s); granting #66 Motion to Accelerate/Extend/Reset Settlement Deadline(s)/Conference (This entry is the Official Order of the Court. No document is attached.) (LML, Chambers)
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Filing 68
ORDER by Judge Gregory K Frizzell ; terminating attorney Ashley Rose Ogle ; granting #67 Motion to Withdraw Attorney(s) (lah, Chambers)
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Filing 67
MOTION to Withdraw Attorney(s) by Flash Electric Services LLC, David West (Ogle, Ashley)
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Filing 66
Joint MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 65
REPLY to Response to Motion (Re: #55 MOTION to Amend Complaint ) by Petco Petroleum Corporation ; (Tifft, Aaron)
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Filing 64
MINUTE ORDER by Court Clerk reassigning the magistrate judge in this case pursuant to General Order 20-37, reassigning case to Magistrate Judge Christine D Little, Magistrate Judge Frank H McCarthy no longer assigned to case, changing case number to 19-cv-439-GKF-CDL (This entry is the Official Order of the Court. No document is attached.) (a-hc, Dpty Clk)
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Filing 63
RESPONSE in Opposition to Motion for Leave to Amend Complaint (Re: #55 MOTION to Amend Complaint ) by U.S. Oil Reclaimers, LLC ; (With attachments) (McLemore, Evan)
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Filing 62
ORDER by Judge Gregory K Frizzell ; striking/terminating deadline(s)/Hearing(s); granting in part #56 Motion to Strike (lah, Chambers)
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Filing 61
MINUTE ORDER by Judge Gregory K Frizzell The Motion of defendants David West and Flash Electric Services, LLC to Stay Proceedings as between plaintiff and West/Flash Electric Pending Final Resolution of United States of America v. David Owen West, Case No. 20-cr-189-CVE is granted, as plaintiff has no objection, the allegations in the civil and criminal proceedings are similar, West is under criminal indictment, and plaintiff does not continue to suffer losses ; granting #59 Motion to Stay (This entry is the Official Order of the Court. No document is attached.) (GKFJ, Judge)
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Filing 60
REPLY to Response to Motion (Re: #56 MOTION to Strike Second Amended Scheduling Order or, in the Alternative, to Extend Deadlines, ) by Petco Petroleum Corporation ; (Tifft, Aaron)
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Filing 59
MOTION to Stay Proceedings Pending Final Resolution of Criminal Case by Flash Electric Services LLC, David West (With attachments) (Powers, Barrett)
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Filing 58
First RESPONSE in Opposition to Motion (Re: #56 MOTION to Strike Second Amended Scheduling Order or, in the Alternative, to Extend Deadlines, ) by U.S. Oil Reclaimers, LLC ; (With attachments) (McLemore, Evan)
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Filing 57
MINUTE ORDER by Judge Gregory K Frizzell directing defendant U.S. Oil Reclaimers, LLC to file a response to plaintiff's Motion to Strike Scheduling Order or, in the alternative, to Extend Deadlines [Doc. 56] on or before October 27, 2020., setting/resetting deadline(s)/hearing(s): ( Responses due by 10/27/2020) (Re: #56 MOTION to Strike Second Amended Scheduling Order or, in the Alternative, to Extend Deadlines, ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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Filing 56
MOTION to Strike Second Amended Scheduling Order or, in the Alternative, to Extend Deadlines, by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 55
MOTION to Amend Complaint by Petco Petroleum Corporation (With attachments) (Tifft, Aaron)
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Filing 54
MINUTE ORDER by Magistrate Judge Paul J Cleary resetting Settlement Conference. Plaintiff's Settlement Conference Statement will be due November 25, 2020. Defendant's Settlement Conference Statement will be due December 2, 2020, setting/resetting deadline(s)/hearing(s): before ASJ Curtis Craig ( Settlement Conference set for 12/9/2020 at 09:30 AM before Adjunct Settlement Judge) (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk)
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Filing 53
SCHEDULING ORDER by Judge Gregory K Frizzell (Second Amended Scheduling Order) ; setting/resetting scheduling order date(s): ( Discovery due by 12/2/2020, Dispositive Motions due by 12/16/2020, Motion Hearing set for 3/9/2021 at 01:30 PM before Judge Gregory K Frizzell, Proposed Pretrial Order due by 3/29/2021, Pretrial Conference set for 4/5/2021 at 09:30 AM before Judge Gregory K Frizzell, Jury Trial set for 4/19/2021 at 09:30 AM before Judge Gregory K Frizzell); granting #52 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (kjp, Dpty Clk)
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Filing 52
Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 51
SCHEDULING ORDER by Judge Gregory K Frizzell (Amended Scheduling Order) Granting Joint Application for Amended Scheduling Order [Doc. 19] ; setting/resetting scheduling order date(s): ( Discovery due by 9/2/2020, Dispositive Motions due by 9/16/2020, Motion Hearing set for 12/10/2020 at 01:30 PM before Judge Gregory K Frizzell, Proposed Pretrial Order due by 12/28/2020, Pretrial Conference set for 1/5/2021 at 09:30 AM before Judge Gregory K Frizzell, Jury Trial set for 1/19/2021 at 09:30 AM before Judge Gregory K Frizzell); granting #50 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (kjp, Dpty Clk)
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Filing 50
Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 49
MINUTE ORDER by Magistrate Judge Paul J Cleary striking Settlement Conference, to be reset at a later date, striking/terminating deadline(s)/Hearing(s) (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk)
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Filing 48
MINUTE ORDER by Magistrate Judge Paul J Cleary resetting Settlement Conference. Plaintiff's Settlement Conference Statement will be due March 31, 2020. Defendant's Settlement Conference Statement will be due April 7, 2020, setting/resetting deadline(s)/hearing(s): before ASJ Curtis Craig ( Settlement Conference set for 4/14/2020 at 09:30 AM before Adjunct Judge) (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk)
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Filing 47
MINUTE ORDER by Judge Gregory K Frizzell ; terminating attorney Trevor Ray Henson ; granting #46 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)
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Filing 46
MOTION to Withdraw Attorney(s) by U.S. Oil Reclaimers, LLC (Henson, Trevor)
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Filing 45
MINUTE ORDER by Judge Gregory K Frizzell Plaintiff's Unopposed Motion for Extension of Time to Respond to Discovery [Doc. 44] is Granted and the deadline is extended to February 27, 2020. ; granting #44 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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Filing 44
Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to Respond to Discovery by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 43
SETTLEMENT CONFERENCE ORDER by Magistrate Judge Paul J Cleary , setting/resetting deadline(s)/hearing(s): before ASJ Curtis Craig ( Settlement Conference set for 4/29/2020 at 09:30 AM before Adjunct Judge) (sdc, Dpty Clk)
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Filing 42
PROTECTIVE ORDER by Magistrate Judge Frank H McCarthy ; granting #41 Motion for Protective Order (tjc, Dpty Clk)
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Filing 41
Unopposed MOTION for Protective Order by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 40
SCHEDULING ORDER by Judge Gregory K Frizzell , setting/resetting scheduling order date(s): ( Discovery due by 6/2/2020, Dispositive Motions due by 6/16/2020, Motion Hearing set for 9/9/2020 at 09:30 AM before Judge Gregory K Frizzell, Proposed Pretrial Order due by 9/28/2020, Pretrial Conference set for 10/5/2020 at 09:30 AM before Judge Gregory K Frizzell, Jury Trial set for 10/19/2020 at 09:30 AM before Judge Gregory K Frizzell) (kjp, Dpty Clk)
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Filing 39
MINUTE ORDER by Judge Gregory K Frizzell Vacating minute order at Doc. 38 and STRIKING Scheduling Conference set on 1/14/2020. Scheduling order will be entered separately, striking/terminating deadline(s)/Hearing(s), vacating/setting aside order(s) (Re: 38 Minute Order,, Setting/Resetting Deadline(s)/Hearing(s), ) (Documents Terminated: 38 Minute Order,, Setting/Resetting Deadline(s)/Hearing(s), ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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Filing 38
MINUTE ORDER by Judge Gregory K Frizzell setting Scheduling Conference for January 14, 2020. If any party requests a court reporter be present for the conference, please notify courtroom deputy, Karen Perkins, by January 6, 2020, setting/resetting deadline(s)/hearing(s): ( Scheduling Conference set for 1/14/2020 at 09:30 AM before Judge Gregory K Frizzell) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) Modified on 12/3/2019 - VACATED per 39 (sac, Dpty Clk).
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Filing 37
JOINT STATUS REPORT by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 36
ANSWER (Re: #1 Complaint ) by U.S. Oil Reclaimers, LLC (McLemore, Evan)
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Filing 35
ATTORNEY APPEARANCE by John Michael Thetford on behalf of U.S. Oil Reclaimers, LLC [Note: Attorney John Michael Thetford added to party U.S. Oil Reclaimers, LLC(pty:dft).] (Thetford, John)
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Filing 34
ORDER by Judge Gregory K Frizzell , directing parties to file joint status report ( Status Report due by 12/2/2019) (kjp, Dpty Clk)
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Filing 33
MINUTE ORDER by Judge Gregory K Frizzell The Motion to Dismiss of defendant U.S. Oil Reclaimers, LLC is denied, as plaintiff has stated a claim that is plausible on its face. The limitations issue as to whether claims pertaining to some of the 46 deliveries are time-barred involve issues of fact to be addressed at summary judgment and/or trial ; denying #25 Motion to Dismiss (This entry is the Official Order of the Court. No document is attached.) (GKFJ, Judge)
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Filing 32
RESPONSE in Opposition to Motion (Re: #25 MOTION to Dismiss ) by Petco Petroleum Corporation ; (Tifft, Aaron)
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Filing 31
ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 10/17/2019, Replies due by 10/31/2019); granting #30 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: #25 MOTION to Dismiss ) (kjp, Dpty Clk)
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Filing 30
Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to File Response (Re: #25 MOTION to Dismiss ) by Petco Petroleum Corporation (Tifft, Aaron)
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Filing 29
MINUTE ORDER by Judge Gregory K Frizzell Pursuant to Fed.R.Civ.P. 16(b)(2), the Court finds good cause for delay in issuing a scheduling order in this case. Defendant, U.S. Oil Reclaimers, LLC, has filed a Motion to Dismiss Doc. [ 25] which should first be resolved. (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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| Filing 28 ANSWER with Jury Demand (Re: #1 Complaint ) by Flash Electric Services LLC (Wohlgemuth, Joel) |
| Filing 27 ANSWER with Jury Demand (Re: #1 Complaint ) by David West (Wohlgemuth, Joel) |
| Filing 26 CORPORATE DISCLOSURE STATEMENT by U.S. Oil Reclaimers, LLC (McLemore, Evan) |
| Filing 25 MOTION to Dismiss by U.S. Oil Reclaimers, LLC (McLemore, Evan) |
| Filing 24 MINUTE ORDER by Court Clerk , directing U.S. Oil Reclaimers, LLC to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (alg, Dpty Clk) |
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Filing 23
MINUTE ORDER by Judge Gregory K Frizzell Defendant U.S. Oil Reclaimers, LLC's unopposed motion for extension of time to answer or otherwise respond to September 19, 2019 is granted ; granting #22 Motion for Extension of Time to Answer (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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| Filing 22 Unopposed MOTION for Extension of Time to Answer or Otherwise Respond (Re: #1 Complaint ) by U.S. Oil Reclaimers, LLC (Henson, Trevor) |
| Filing 21 ATTORNEY APPEARANCE by Grant Bailey Thetford on behalf of U.S. Oil Reclaimers, LLC [Note: Attorney Grant Bailey Thetford added to party U.S. Oil Reclaimers, LLC(pty:dft).] (Thetford, Grant) |
| Filing 20 ATTORNEY APPEARANCE by Evan Mcguire McLemore on behalf of U.S. Oil Reclaimers, LLC [Note: Attorney Evan Mcguire McLemore added to party U.S. Oil Reclaimers, LLC(pty:dft).] (McLemore, Evan) |
| Filing 19 ATTORNEY APPEARANCE by Trevor Ray Henson on behalf of U.S. Oil Reclaimers, LLC [Note: Attorney Trevor Ray Henson added to party U.S. Oil Reclaimers, LLC(pty:dft).] (Henson, Trevor) |
| Filing 18 ATTORNEY APPEARANCE by Barrett Lynn Powers on behalf of Flash Electric Services LLC, David West [Note: Attorney Barrett Lynn Powers added to party Flash Electric Services LLC(pty:dft), Attorney Barrett Lynn Powers added to party David West(pty:dft).] (Powers, Barrett) |
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Filing 17
ORDER by Judge Gregory K Frizzell (Deadline set 9/23/2019) ; granting #12 Motion for Extension of Time to Answer (kjp, Dpty Clk)
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| Filing 16 MINUTE ORDER by Court Clerk: Due to Court conflict, recusing Judge James H Payne. Judge Gregory K Frizzell reassigned to case., changing case number to 19-CV-439-GKF-FHM (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) |
| Filing 15 MINUTE ORDER by Court Clerk , directing Flash Electric Services, LLC to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (dlg, Dpty Clk) |
| Filing 14 MINUTE ORDER by Court Clerk, reassigning case to Judge James H Payne, Judge Claire V Eagan no longer assigned to case, changing case number to 19-cv-439-JHP-FHM (This entry is the Official Order of the Court. No document is attached.) (crp, Dpty Clk) |
| Filing 13 ATTORNEY APPEARANCE by Ashley Rose Ogle on behalf of Flash Electric Services LLC, David West [Note: Attorney Ashley Rose Ogle added to party Flash Electric Services LLC(pty:dft), Attorney Ashley Rose Ogle added to party David West(pty:dft).] (Ogle, Ashley) |
| Filing 12 MOTION for Extension of Time to Answer (Re: #1 Complaint ) by Flash Electric Services LLC, David West (Wohlgemuth, Joel) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Flash Electric Services LLC (Wohlgemuth, Joel) |
| Filing 10 ATTORNEY APPEARANCE by Joel L Wohlgemuth on behalf of Flash Electric Services LLC, David West [Note: Attorney Joel L Wohlgemuth added to party Flash Electric Services LLC(pty:dft), Attorney Joel L Wohlgemuth added to party David West(pty:dft).] (Wohlgemuth, Joel) |
| Filing 9 SUMMONS Returned Executed re: Flash Electric Services LLC (Re: #1 Complaint ) by Petco Petroleum Corporation (Tifft, Aaron) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Petco Petroleum Corporation (Tifft, Aaron) |
| Filing 7 MINUTE ORDER by Court Clerk , directing Petco Petroleum Corporation to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (dlg, Dpty Clk) |
| Filing 6 CIVIL COVER SHEET by Petco Petroleum Corporation (Tifft, Aaron) |
| Filing 5 SUMMONS Issued by Court Clerk as to All Defendants (dlg, Dpty Clk) |
| Filing 4 ATTORNEY APPEARANCE by J Kevin Hayes on behalf of All Plaintiffs (Hayes, J) |
| Filing 3 ATTORNEY APPEARANCE by Aaron Christian Tifft on behalf of All Plaintiffs (Tifft, Aaron) Modified on 8/9/2019 - ENTERED IN ERROR(sac-qc, Dpty Clk). |
| Filing 2 ATTORNEY APPEARANCE by Aaron Christian Tifft on behalf of All Plaintiffs (Tifft, Aaron) |
| Filing 1 COMPLAINT with Jury Demand against All Plaintiffs (paid $400 filing fee; receipt number 1085-2090287) by Petco Petroleum Corporation (Tifft, Aaron) |
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