KBF Security Inc v. Slyder Energy Solutions LLC et al
| KBF Security Inc |
| Kyle Tatroult and Slyder Energy Solutions LLC |
| 5:2020cv00643 |
| July 6, 2020 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Stephen P Friot |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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Filing 51
ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to file any stipulation or dismissal, or to seek any order required to obtain a final determination of these proceedings based on the settlement. If parties have not filed any such document within 120 days for the purpose of dismissal pursuant to the settlement and compromise, this action shall be deemed dismissed with prejudice. Signed by Judge Stephen P. Friot on 10/26/2021. (llg)
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| Filing 50 NOTICE (other) by KBF Security Inc re #48 Notice of Subpoena Voluntarily Withdrawn (Davenport, Bradley) |
| Filing 49 ENTER ORDER granting #47 Plaintiff's Second Motion to Compel Discovery from Defendant, Slyder Energy Solutions, LLC (as fully set out in this enter order). Entered at the direction of Honorable Stephen P. Friot on 9/2/2021. (llg) |
| Filing 48 NOTICE of Subpoena by KBF Security Inc (Attachments: #1 Exhibit 1 - Proposed Subpoena to Solaris Water Midstream)(Davenport, Bradley) |
| Filing 47 SECOND MOTION to Compel Discovery from Defendant Slyder Energy Solutions, L.L.C. by KBF Security Inc. (Attachments: #1 Exhibit 1 - Excerpt of Plaintiff's First Discovery Requests, #2 Exhibit 2 - Excerpt of Slyder Responses to Interrogatories, #3 Exhibit 3 - Excerpt of Slyder Responses to RFPs, #4 Exhibit 4 - Excerpt of Williams Depo transcript, #5 Exhibit 5 - 9.18.19 Email from Williams to Larson)(Davenport, Bradley) |
| Filing 46 ENTER ORDER striking #45 Plaintiff's Motion to Quash Document Subpoenas and Brief in Support, for failure to comply with LCvR37.1. Entered at the direction of Honorable Stephen P. Friot on 7/12/2021. (llg) |
| Filing 45 MOTION to Quash Subpoenas to Produce Documents by KBF Security Inc. (Attachments: #1 Exhibit 1-Subpoena to Produce Documents to SPOC Automation, #2 Exhibit 2-Subpoena to Produce Documents to SPOC Leasing, #3 Exhibit 3-Requests for Production to Plaintiff KBF Secuirty)(Davenport, Bradley) |
| Filing 44 ENTER ORDER. In light of the filing of #43 MOTION to Withdraw #33 MOTION to Compel Discovery from Slyder Energy Solutions, LLC, the court STRIKES as moot #33 MOTION to Compel Discovery from Slyder Energy Solutions, LLC and STRIKES the 5/6/2021 hearing. Entered at the direction of Honorable Stephen P. Friot on 5/3/2021. (llg) |
| Filing 43 MOTION to Withdraw #33 MOTION to Compel Discovery from Slyder Energy Solutions, LLC by KBF Security Inc. (Davenport, Bradley) |
| Filing 42 AMENDED SCHEDULING ORDER: Pla objections to dft final exhibit list due 5/10/2021; Dispositive & Daubert Motions due 10/1/2021; Discovery due 12/15/2021; Motions in limine due 12/21/2021; Jury instructions & verdict forms due 12/21/2021; Voir dire requests due 12/21/2021; Trial briefs due 12/21/2021; Pretrial Report due 12/21/2021; Jury Trial set for 1/11/2022 09:30 AM in Courtroom 401 before Honorable Stephen P. Friot. Entered at the direction of Honorable Stephen P. Friot on 4/29/2021. (llg) |
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Filing 41
ORDER granting #40 Plaintiff's Unopposed Motion for Extension of Dispositive Motion Deadline. The ddl for dispositive motions is VACATED. A new schedule will be entered shortly, extending all unexpired ddls. Signed by Honorable Stephen P. Friot on 4/29/2021. (llg)
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| Filing 40 UNOPPOSED MOTION to Extend Deadlines or Hearings to File Dispositive Motions by KBF Security Inc. (Davenport, Bradley) |
| Filing 39 NOTICE to Take Deposition of Slyder Energy Solutions LLC by KBF Security Inc. (Davenport, Bradley) |
| Filing 38 OBJECTIONS re #31 Exhibit List filed by Slyder Energy Solutions LLC. (Pittman, Ryan) |
| Filing 37 OBJECTIONS re #30 Witness List filed by Slyder Energy Solutions LLC. (Pittman, Ryan) |
| Filing 36 Witness List Final by Defendant Slyder Energy Solutions LLC. (Pittman, Ryan) |
| Filing 35 Exhibit List Final by Defendant Slyder Energy Solutions LLC. (Pittman, Ryan) |
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Filing 34
ORDER Setting Hearing on #33 MOTION to Compel Discovery from Slyder Energy Solutions, LLC: Motion Hearing set for 5/6/2021 01:30 PM in Courtroom 401 before Honorable Stephen P. Friot. Response due by 5/3/2021. Signed by Honorable Stephen P. Friot on 4/21/2021. (llg)
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| Filing 33 MOTION to Compel Discovery from Slyder Energy Solutions, LLC by KBF Security Inc. (Attachments: #1 Exhibit 1 - Plaintiff's Discovery Requests, #2 Exhibit 2 - Certified mail return receipt, #3 Exhibit 3 - Slyder Answers to Interrogatories, #4 Exhibit 4 - Slyder Responses to Requests for Production, #5 Exhibit 5 - F Williams 9.18.19 Email)(Davenport, Bradley) |
| Filing 32 NOTICE to Take Deposition of Slyder Energy Solutions LLC by KBF Security Inc. (Davenport, Bradley) |
| Filing 31 Exhibit List Final by Plaintiff KBF Security Inc. (Davenport, Bradley) |
| Filing 30 Witness List Final by Plaintiff KBF Security Inc. (Davenport, Bradley) |
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Filing 29
ORDER granting #27 Defendant Slyder Energy Solutions, LLC's Motion to Dismiss Crossclaim of Defendant Kyle Tatroult. The crossclaims alleged in Tatroult's answer and crossclaim (doc. no. 26) are DISMISSED without prejudice. Signed by Honorable Stephen P. Friot on 1/6/2021. (llg)
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| Filing 28 RESPONSE to Motion re #27 MOTION to Dismiss Counterclaim of Defendant Kyle Tatroult filed by Kyle Tatroult. (Ruby, Steven) |
| Filing 27 MOTION to Dismiss Counterclaim of Defendant Kyle Tatroult by Slyder Energy Solutions LLC. (Pittman, Ryan) |
| Filing 26 ANSWER to #7 Amended Complaint , CROSSCLAIM against Slyder Energy Solutions LLC by Kyle Tatroult.(Ruby, Steven) |
| Filing 25 AMENDED ANSWER to Plaintiff's Amended Complaint by Slyder Energy Solutions LLC. (Pittman, Ryan) |
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Filing 24
SCHEDULING ORDER: Motions to join due 12/1/2020; Motions to amend due 12/1/2020; Dft expert witness list and expert reports due 3/20/2021; Pla expert witness list and expert reports due 21 days t/a; Pla witness list due 4/10/2021; Dft witness list due 14 days t/a; Pla exhibit list due 4/10/2021; Dft exhibit list due 14 days t/a; Motions in limine due 7/20/2021; Jury instructions & verdict forms due 7/20/2021; Voir dire requests due 7/20/2021; Trial briefs due 7/20/2021; Discovery due by 7/15/2021. Jury Trial set for 8/10/2021 09:30 AM in Courtroom 401 before Honorable Stephen P. Friot. Dispositive & Daubert Motions due by 5/1/2021. Pretrial Report due by 7/20/2021. Dft Tatroult is granted until 11/18/2020 to answer or otherwise respond to the Amended Complaint. Not later than 11/18/2020, dft Slyder is directed to file an amendment to its answer, stating specifically who its member is & the member's state of citizenship. With respect to dft's assertion of product defect, the parties should bear in mind that the Rule 26(a)(2) reports of any retained experts, including any experts who address issues of product defect, (i) shall be prepared & submitted by the ddls set forth in this scheduling order, (ii) shall be rendered on the basis of all of the testing, experimentation, investigation & analysis considered by said experts to be necessary in this case, & (iii) shall state, definitively & in detail, the experts' proposed expert testimony, including, with respect to any experts who address issues of product defect, their theories of defect. Counsel would be well-advised to read Dixie Steel Erectors v. Grove U.S. L.L.C., 2005 WL 3558663 (W.D. Okla. 2005). Because, in this case, product defect is being asserted defensively, the order in which expert reports shall be provided, as to issues of product defect, is reversed. Dft Slyder shall provide its report(s) first, to be followed by plf's report(s). Entered at the direction of Honorable Stephen P. Friot on 11/4/2020. (llg)
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| Filing 23 ENTRY of Appearance by Steven M Ruby on behalf of Kyle Tatroult (Ruby, Steven) |
| Filing 22 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff KBF Security Inc. (Davenport, Bradley) |
| Filing 21 ANSWER to #7 Amended Complaint by Slyder Energy Solutions LLC.(Pittman, Ryan) |
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Filing 20
ORDER GRANTING #18 MOTION FOR ORDER EXTENDING TIME TO ANSWER THE AMENDED COMPLAINT TO OCTOBER 14,2020. Signed by Honorable Stephen P. Friot on 10/09/2020. (dtb)
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| Filing 19 NOTICE of Change of Address by Ryan A Pittman (Pittman, Ryan) |
| Filing 18 MOTION for Order Vacating Service of Process or in the Alternative Permitting Filing Out of Time by Slyder Energy Solutions LLC. (Pittman, Ryan) |
| Filing 17 ENTRY of Appearance by Ryan A Pittman on behalf of Slyder Energy Solutions LLC (Pittman, Ryan) |
| Filing 16 TELEPHONIC STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 11/4/2020 09:00 AM before Honorable Stephen P. Friot. Status Report due by 11/2/2020. (llg) |
| Filing 15 Minute Entry for proceedings held before Honorable Stephen P. Friot: Scheduling Conference held on 9/1/2020. This case will be set for another status/scheduling conference on 11/2/2020, pending clarification of jurisdiction. (llg) |
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Filing 14
ORDER denying #13 Plaintiff's Motion for Continuance of Status/Scheduling Conference. The purpose of the conference is to determine whether the case is ripe for entries of default against dfts. The filing of a Joint Status Report is excused. Signed by Honorable Stephen P. Friot on 8/26/2020. (llg)
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| Filing 13 MOTION to Continue Status-Scheduling Conference by KBF Security Inc. (Davenport, Bradley) |
| Filing 12 DISCLOSURE STATEMENT - CORPORATE by KBF Security Inc . (Davenport, Bradley) |
| Filing 11 TELEPHONIC STATUS/SCHEDULING CONFERENCE DOCKET: Telephonic Scheduling Conference set for 9/1/2020 09:30 AM before Honorable Stephen P. Friot. Status Report due by 8/27/2020. (llg) |
| Filing 10 SUMMONS Returned Executed by KBF Security Inc. Slyder Energy Solutions LLC served on 7/13/2020. (Davenport, Bradley) |
| Filing 9 NOTICE (other) by KBF Security Inc re #8 Order,, Concerning First Amended Complaint and Jurisdictional Information (Davenport, Bradley) |
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Filing 8
ORDER re #7 Amended Complaint filed by KBF Security Inc. Plf is DIRECTED to file, within 14 days of this date, a second amended complaint which provides all of the missing jurisdictional information (as fully set out in this order). This information may be alleged based on information and belief. If this information is not available to plf, plf may so inform the court by filing a short notice to that effect, in which case plf SHALL bring this matter to the court's attention at the status/scheduling conference. Absent compliance with this order, this action may be dismissed without prejudice or other measures may be taken. Signed by Honorable Stephen P. Friot on 7/21/2020. (llg)
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| IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at #http://www.okwd.uscourts.gov/nextgen-information.****Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. ****Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. ****Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. ****OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. ****Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI) |
| Filing 7 AMENDED COMPLAINT against All Defendants filed by KBF Security Inc. (Attachments: #1 Exhibit October 2015 Credit Agreement, #2 Exhibit Invoices to Slyder Energy)(Davenport, Bradley) |
| NOTICE from the Court re #7 First Amended Complaint. Counsel for plaintiff is DIRECTED, in future filings, to comply with the court's ECF Policies & Procedures Manual, Section II.A.4.a. - "Exhibits... shall be clearly labeled with the appropriate exhibit number...." Failure to comply in the future may result in filings being stricken. (llg) |
| Filing 6 SUMMONS Returned Executed by KBF Security Inc. Kyle Tatroult served on 7/8/2020. (Davenport, Bradley) |
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Filing 5
ORDER re #1 Complaint filed by KBF Security Inc. Plf is DIRECTED to file, within 14 days of this date, a first amended complaint which provides all of the missing jurisdictional information identified in this order. Allegations may be based on information and belief. Absent compliance, this action may be dismissed without prejudice or other measures may be taken. Signed by Honorable Stephen P. Friot on 7/9/2020. (llg)
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| Filing 4 ENTRY of Appearance by Bradley E Davenport on behalf of KBF Security Inc (Davenport, Bradley) |
| Filing 3 (STRICKEN by 7/7/2020 Notice from the Court) ENTRY of Appearance by Bradley E Davenport on behalf of KBF Security Inc (Davenport, Bradley) Modified on 7/7/2020 (llg). |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-3186660. (Davenport, Bradley) |
| NOTICE from the Court STRIKING #3 Entry of Appearance of Bradley E Davenport, as certain fields in the document appear to be blank. Mr. Davenport is DIRECTED to refile the Entry of Appearance, flattening the document so that all fields are correct prior to filing it. (llg) |
| Filing 2 Summons Issued Electronically as to Slyder Energy Solutions LLC, Kyle Tatroult. (dtb) |
| Filing 1 COMPLAINT against Slyder Energy Solutions LLC, Kyle Tatroult filed by KBF Security Inc. (Attachments: #1 Exhibit 1 - October 2015 Credit Agreement, #2 Exhibit 2 - Invoices to Slyder Energy, #3 Civil Cover Sheet)(dtb) |
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