Technology and Economics Engineering INC v. Magnus Industries LLC et al
| Technology and Economics Engineering INC |
| Jeff Mclaughlin, Link Karlen, Kasey Darce, Magnus Industries LLC doing business as Economy Drilling Solutions, Wayne Darce and Small Business Administration |
| 5:2020cv00951 |
| September 21, 2020 |
| US District Court for the Western District of Oklahoma |
| Jodi W Dishman |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 52 RESPONSE re #46 Notice (other), filed by Technology and Economics Engineering INC. (Attachments: #1 Exhibit 1 - Disclosures, #2 Exhibit 2 - Petition)(Gallegly, Timothy) |
| Filing 51 RESPONSE in Opposition re #45 MOTION to Dismiss filed by Technology and Economics Engineering INC. (Attachments: #1 Exhibit 1 - Disclosures, #2 Exhibit 2 - Petition)(Gallegly, Timothy) |
| Filing 50 REPLY to Response to Motion re #41 MOTION to Stay Case or, Alternatively, Motion for Administrative Closure filed by Link Karlen. (Attachments: #1 Exhibit Redemption Agreement)(Chansolme, Gregory) |
| Filing 49 REPLY by Defendants Kasey Darce, Wayne Darce, Jeff McLaughlin re #41 MOTION to Stay Case or, Alternatively, Motion for Administrative Closure Amended Reply In Support of Motion to Stay Proceedings or Alternatively, Motion for Administrative Closure filed by Kasey Darce, Wayne Darce, Jeff McLaughlin. (Attachments: #1 Exhibit 1-POC & Objection, #2 Exhibit 2-Affidavit)(Scimeca, Peter) |
| NOTICE from the Court #48 Reply, STRICKEN, due to counsel inadvertently exceeding the page number limit as set out in this Court's Order Doc. No. #20 . Counsel is directed to refile the reply in compliance with this Court's previous #20 Order. (nv) |
| Filing 48 STRICKEN REPLY by Defendants Kasey Darce, Wayne Darce, Jeff McLaughlin re #41 MOTION to Stay Case or, Alternatively, Motion for Administrative Closure In Support of Motion to Stay Proceedings or Alternatively, Motion for Administrative Closure filed by Kasey Darce, Wayne Darce, Jeff McLaughlin. (Attachments: #1 Exhibit 1-POC & Objection, #2 Exhibit 2-Affidavit)(Scimeca, Peter) |
| Filing 47 RESPONSE in Opposition re #41 MOTION to Stay Case or, Alternatively, Motion for Administrative Closure, #42 MOTION to Stay Case re #41 MOTION to Stay Case or, Alternatively, Motion for Administrative Closure MOTION for Administrative Closure filed by Technology and Economics Engineering INC. (Attachments: #1 Exhibit 1 - Affidavit of Jerry Watkins, #2 Exhibit 2 - Disclosures, #3 Exhibit 3 - Summary of Assets and Liabilities, #4 Exhibit 4 - Corrected Initial Report, #5 Exhibit 5 - Cash Collateral Motion and Bankruptcy Budget)(Gallegly, Timothy) |
| Filing 46 NOTICE (other) by Kasey Darce, Wayne Darce, Jeff McLaughlin re #45 MOTION to Dismiss , #1 Complaint,, Defendants' Notice of Joinder to Co-Defendant Link Karlen's Motion to Dismiss Plaintiff's Claims for Failure to State a Claim (Scimeca, Peter) |
| Filing 45 MOTION to Dismiss by Link Karlen. (Chansolme, Gregory) |
Filing 44
ORDER granting #43 Motion for Extension of Time to File Response/Reply. The Court extends the deadline for Plaintiff to respond to Defendants' Motions to Stay to November 6, 2020. Defendants may file any reply five (5) days thereafter, in accordance with this Court's Order Doc. No. #20 . Signed by Honorable Jodi W. Dishman on 10/23/2020. (nv)
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| Filing 43 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Stay Case or, Alternatively, Motion for Administrative Closure, #42 MOTION to Stay Case re #41 MOTION to Stay Case or, Alternatively, Motion for Administrative Closure MOTION for Administrative Closure by Technology and Economics Engineering INC. (Gallegly, Timothy) |
| Filing 42 MOTION to Stay Case re #41 MOTION to Stay Case or, Alternatively, Motion for Administrative Closure , MOTION for Administrative Closure by Link Karlen. (Chansolme, Gregory) |
| Filing 41 MOTION to Stay Case or, Alternatively, Motion for Administrative Closure by Kasey Darce, Wayne Darce, Jeff McLaughlin. (Attachments: #1 Exhibit 1-Bankrupty Petition, #2 Exhibit 2-McLaughlin Affidavit, #3 Exhibit 3-Order Setting Bar Date, #4 Exhibit 4-Magnus Operating Agreement)(Scimeca, Peter) |
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Filing 40
ORDER granting #38 Motion for Extension of Time to Answer. Under Federal Rule of Civil Procedure 6(b), the Court GRANTS the Motion and extends the deadline for Defendant Link Karlen to answer, move against, or otherwise respond to Plaintiffs Verified Complaint [Doc. No. 1] to October 26, 2020.Signed by Honorable Jodi W. Dishman on 10/19/2020. (em)
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| Filing 39 ENTRY of Appearance by Joshua C Mills on behalf of Link Karlen (Mills, Joshua) |
| Filing 38 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint,, by Link Karlen. (Chansolme, Gregory) |
| Filing 37 ENTRY of Appearance by Gregory P Chansolme on behalf of Link Karlen (Chansolme, Gregory) |
| NOTICE from the Court re #38 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint. All filings in this case should reflect Judge Jodi W. Dishman as the assigned Judge by utilizing the correct judge initials "JD" at the end of the case number. Counsel was advised of this change in Doc. No. #4 Order Reassigning Case entered on 09/22/2020. Future filings that are incorrect will be stricken. (em) |
| Filing 36 STIPULATION of Dismissal Notice of Dismissal Without Prejudice of Claims Against Defendant United States of America ex rel., Small Business Administration by Technology and Economics Engineering INC. (Gallegly, Timothy) |
| Filing 35 RETURN OF SERVICE - NON SUMMONS Plaintiff's Amended Motion for Preliminary Injunction [Dkt 15} and Order Setting Expedited Briefing and Hearing [Dkt 16] served October 2, 2020 by Technology and Economics Engineering INC (Attachments: #1 Exhibit 1 - Notice of Preliminary Injunction Hearing, #2 Exhibit 2 - FedEx Delivery Receipt to US Attorney General William Barr)(Gallegly, Timothy) |
| Filing 34 RETURN OF SERVICE - NON SUMMONS Plaintiff's Amended Motion for Preliminary Injunction [Dkt 15} and Order Setting Expedited Briefing and Hearing [Dkt 16] served October 2, 2020 by Technology and Economics Engineering INC (Attachments: #1 Exhibit 1 - Notice of Preliminary Injuntion Hearing, #2 Exhibit 2 - FedEx Delievery Receipt on US Attorney for the WDOK)(Gallegly, Timothy) |
| Filing 33 RETURN OF SERVICE - NON SUMMONS Plaintiff's Amended Motion for Preliminary Injunction [Dkt 15} and Order Setting Expedited Briefing and Hearing [Dkt 16] served October 2, 2020 by Technology and Economics Engineering INC (Attachments: #1 Exhibit 1 - Notice of Preliminary Injunction Hearing, #2 Exhibit 2 - FedEx Delivery Reciept on SBA Office OK, #3 Exhibit 3 - FedEx Delivery Receipt on SBA Office WA DC)(Gallegly, Timothy) |
| Filing 32 RETURN OF SERVICE - NON SUMMONS Plaintiff's Amended Motion for Preliminary Injunction [Dkt 15} and Order Setting Expedited Briefing and Hearing [Dkt 16] served October 2, 2020 by Technology and Economics Engineering INC (Attachments: #1 Exhibit 1 - Notice of Hearing on Preliminary Injunction, #2 Exhibit 2 - Affidavit of Service on Link Karlen)(Gallegly, Timothy) |
| Filing 31 RETURN OF SERVICE - NON SUMMONS Plaintiff's Amended Motion for Preliminary Injunction [Dkt 15} and Order Setting Expedited Briefing and Hearing [Dkt 16] served September 30, 2020 by Technology and Economics Engineering INC (Attachments: #1 Exhibit 1 - Notice of Preliminary Injunction Hearing, #2 Exhibit 2 - Affidavit of Service on Jeff McLaughlin)(Gallegly, Timothy) |
| Filing 30 RETURN OF SERVICE - NON SUMMONS Plaintiff's Amended Motion for Preliminary Injunction [Dkt 15} and Order Setting Expedited Briefing and Hearing [Dkt 16] served October 1, 2020 by Technology and Economics Engineering INC (Attachments: #1 Exhibit 1 - Notice of Preliminary Injunction Hearing, #2 Exhibit 2 - Affidavit of Service on Wayne Darce)(Gallegly, Timothy) |
| Filing 29 RETURN OF SERVICE - NON SUMMONS Plaintiff's Amended Motion for Preliminary Injunction [Dkt 15} and Order Setting Expedited Briefing and Hearing [Dkt 16] served October 1, 2020 by Technology and Economics Engineering INC (Attachments: #1 Exhibit 1 - Notice of Order Setting Hearing, #2 Exhibit 2 - Affidavit of Service on Magnus Industries)(Gallegly, Timothy) |
| Filing 28 SUMMONS RETURNED EXECUTED by Technology and Economics Engineering INC. (Attachments: #1 Exhibit 1 - FedEx Delivery Receipt to US Attorney General WIlliam Barr)(Gallegly, Timothy) |
| Filing 27 SUMMONS RETURNED EXECUTED by Technology and Economics Engineering INC. (Attachments: #1 Exhibit 1 - FedEx Delivery Receipt to US Attorney for WDOK)(Gallegly, Timothy) |
| Filing 26 SUMMONS RETURNED EXECUTED by Technology and Economics Engineering INC. Small Business Administration served on 9/24/2020. (Attachments: #1 Exhibit 1 - FedEx Delivery Receipt to SBA OKC Office, #2 Exhibit 2 - FedEx Delivery Receipt to SBA WA DC Office)(Gallegly, Timothy) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to Answer. The Court extends the deadlines for Defendants Jeff McLaughlin, Wayne Darce, and Kasey Darce to answer, move against, or otherwise respond to Plaintiff's Verified Complaint [Doc. No. 1] to October 25, 2020. For the avoidance of doubt, this Order does not apply to any other defendants or any other deadlines. Signed by Honorable Jodi W. Dishman on 10/14/2020. (nv)
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| Filing 24 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint,, or Otherwise Respond by Kasey Darce, Wayne Darce, Jeff McLaughlin. (Scimeca, Peter) |
| Filing 23 ENTRY of Appearance by Peter L Scimeca on behalf of Kasey Darce (Scimeca, Peter) |
| Filing 22 ENTRY of Appearance by Peter L Scimeca on behalf of Wayne Darce (Scimeca, Peter) |
| Filing 21 ENTRY of Appearance by Peter L Scimeca on behalf of Jeff McLaughlin (Scimeca, Peter) |
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Filing 20
ORDER. Before the Court is the Notice of Bankruptcy Filing by Defendant Magnus Industries, LLC, d/b/a Economy Drilling Solutions. Doc. No. #18 . Only Magnus is identified in the Notice of Bankruptcy Filing. Doc. No. #18 . Unless or until otherwise notified, this action continues as against the remaining parties. If any party believes the stay should be expanded to include this action as a whole or any claims alleged against parties other than Magnus, or if any party believes this action should be administratively closed pending resolution of the bankruptcy proceedings involving Magnus, a notice or motion to that effect (with supporting authority and argument) shall be filed within ten (10) business days of the date of this Order. The filing should indicate whether it is opposed, unopposed, or joint. Any response to that filing shall be filed within seven (7) business days thereafter, and any reply (limited to five (5) pages) shall be filed within five (5) business days after the filing of the associated response. Signed by Honorable Jodi W. Dishman on 10/06/2020. (nv)
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| Filing 19 ENTER ORDER. Regarding Plaintiff's Amended Application for Preliminary Injunction, Request for Expedited Hearing, and Brief in Support Doc. No. #15 , Plaintiff failed to file any proofs of service or notice or waivers by the deadlines set forth in Doc. No. #16 and/or failed to notify the Court of any problems serving any defendants by October 5, 2020 as set forth in Doc. No. #16 . Accordingly, the hearing on Plaintiff's Motion that was set for October 14, 2020 at 10:00 a.m., is hereby STRICKEN, and the briefing deadlines set forth in Doc. No. #16 are also STRICKEN, to be reset by the Court upon motion by the Plaintiff and filing proofs of service of the Motion upon the remaining nondebtor defendants. Entered at the direction of the Honorable Jodi W. Dishman on 10/06/2020. (nv) |
| Filing 18 NOTICE OF BANKRUPTCY by Magnus Industries LLC (Moriarty, Stephen) |
| Filing 17 ENTRY of Appearance by Stephen J Moriarty on behalf of Magnus Industries LLC (Moriarty, Stephen) |
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Filing 16
ORDER SETTING EXPEDITED BRIEFING AND HEARING. The Court ORDERS any Defendant wishing to file a response to the Motion to file the response by Friday, October 9, 2020. Any reply by Plaintiff shall be filed by 5:00 p.m. on Monday, October 12, 2020, and the reply is limited to five (5) pages. If issues raised by the Motion are resolved by agreement at any time, including any full or partial stipulations or agreements to maintain the status quo, counsel shall immediately notify the Court and file the same no later than October 12, 2020, at 5:00 p.m. The parties are ORDERED to appear before the Court on Wednesday, October 14, 2020, at 10:00 a.m. in Courtroom 502 for a hearing on the Motion. Signed by Honorable Jodi W. Dishman on 09/30/2020. (nv)
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| Filing 15 AMENDED MOTION for Preliminary Injunction , Request for Expedited Hearing, and Brief in Support by Technology and Economics Engineering INC. (Attachments: #1 Exhibit 1 - T&EE Corporate Detail, #2 Exhibit 2 - Certified Copy of Magnus Certificate of Liability and Certificate of Good Standing, #3 Exhibit 3 - Brochure, #4 Exhibit 4 - Proposals, #5 Exhibit 5 - Karlen Credit Report, #6 Exhibit 6 - Purchase Orders, #7 Exhibit 7 - Invoices, #8 Exhibit 8 - Bank Wire Remittance Documents, #9 Exhibit 9 - Payment Arrangement Documents,, #10 Exhibit 10 - Bobcat Proposal, #11 Exhibit 11 - UCC-1 Financing Statement, #12 Exhibit 12 - Moriarty Letter, #13 Exhibit 13 - Affidavit of Doug Ledet)(Gallegly, Timothy) |
| Filing 14 SUMMONS Returned Executed by Technology and Economics Engineering INC. Link Karlen served on 9/25/2020. (Gallegly, Timothy) Modified on 9/29/2020 to correct service date to reflect Proof of Service on file (em). |
| Filing 13 SUMMONS Returned Executed by Technology and Economics Engineering INC. Jeff McLaughlin served on 9/23/2020. (Gallegly, Timothy) |
| Filing 12 SUMMONS Returned Executed by Technology and Economics Engineering INC. Magnus Industries LLC served on 9/24/2020. (Gallegly, Timothy) Modified on 9/29/2020 to correct service date to reflect Proof of Service on file (em). |
| Filing 11 SUMMONS Returned Executed by Technology and Economics Engineering INC. Wayne Darce served on 9/24/2020. (Gallegly, Timothy) Modified on 9/29/2020 to correct service date to reflect Proof of Service on file (em). |
| Filing 10 SUMMONS Returned Executed by Technology and Economics Engineering INC. Kasey Darce served on 9/24/2020. (Gallegly, Timothy) Modified on 9/29/2020 to correct service date to reflect Proof of Service on file (em). |
| NOTICE from the Court #2 MOTION for Temporary Restraining Order and Injunction and Brief in Support, STRICKEN as an amended version was refiled as Doc. No. #15 . (nv) |
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Filing 9
ORDER DENYING #2 Application for Ex Parte Temporary Restraining Order. See Order for details. Signed by Honorable Jodi W. Dishman on 09/24/2020. (nv)
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| Filing 8 Summons Issued Electronically as to Kasey Darce, Wayne Darce, Link Karlen, Magnus Industries LLC, Jeff McLaughlin. (em) |
| Filing 7 Summons Issued Electronically as to Small Business Administration, U.S. Attorney and U.S. Attorney General (em) |
| Filing 6 NOTICE (other) by Technology and Economics Engineering INC re #5 Order,, Notice Regarding Diversity Jurisdiction (Gallegly, Timothy) |
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Filing 5
ORDER. Upon review of the Complaint, the Court finds insufficient factual allegations to support the assertion of diversity jurisdiction under 28 U.S.C. 1332. IT IS THEREFORE ORDERED that Plaintiff Technology & Economics Engineering, Inc. shall file a response to this Order establishing the existence of diversity jurisdiction within 7 (seven) days from the date of this Order in accordance with the above-referenced authorities. Alternatively, Plaintiff may dismiss this action if it does not have information to support diversity jurisdiction. Signed by Honorable Jodi W. Dishman on 09/22/2020. (nv)
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Honorable Jodi W. Dishman for all further proceedings. Signed by Honorable Scott L. Palk on 9/22/20. (md)
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Filing 3
ORDER OF RECUSAL. Honorable Scott L. Palk recused. Signed by Honorable Scott L. Palk on 9/22/20. (md)
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| Filing 2 STRICKEN MOTION for Temporary Restraining Order and Injunction and Brief in Support by Technology and Economics Engineering INC. (Attachments: #1 Exhibit 1 - Letter)(Gallegly, Timothy) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number AOKWDC-3293173. (Gallegly, Timothy) |
| Filing 1 COMPLAINT against Kasey Darce, Wayne Darce, Link Karlen, Magnus Industries LLC, Jeff Mclaughlin, Small Business Administration filed by Technology and Economics Engineering INC. (Attachments: #1 Exhibit 1 - Available for Immediate Delivery New Units, #2 Exhibit 2 - Stock Unit Initiative, #3 Exhibit 3 - TransUnion Score, #4 Exhibit 4 - Purchase Order, #5 Exhibit 5 - Invoice, #6 Exhibit 6 - ACH Information, #7 Exhibit 7 - ACH Profile Set Up, #8 Exhibit 8 - Letter, #9 Exhibit 9 - UCC Financing Statement, #10 Exhibit 10 - Letter, #11 Civil Cover Sheet)(kah) |
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