BLACKBEAR ENERGY SERVICES, INC. v. YOUNGSTOWN PIPE & STEEL, LLC
Plaintiff: BLACKBEAR ENERGY SERVICES, INC.
Defendant: YOUNGSTOWN PIPE & STEEL, LLC and YOUNGSTOWN PIPE & STEEL, LLC doing business as DNV ENERGY, LLC
Counter Defendant: MARKWEST ENERGY PARTNERS, L.P., OHIO GATHERING COMPANY, LLC, JOSEPH E. KOVACIC, III, MARKWEST OPERATING COMPANY, LLC, MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST UTICA EMG CONDENSATE, LLC and MARKWEST UTICA EMG, LLC
Special Master: PATRICIA L. DODGE
Case Number: 2:2015cv00050
Filed: January 13, 2015
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: Washington
Presiding Judge: Joy Flowers Conti
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2021 Filing 327 BRIEF in Opposition re #325 Motion for Leave to File Second Motion for Summary Judgment filed by BLACKBEAR ENERGY SERVICES, INC., MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
April 15, 2021 Filing 326 BRIEF in Support re #325 Motion for Leave to File Second Motion for Summary Judgment filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Grillo, Mary)
April 15, 2021 Filing 325 MOTION for Leave to File Second Motion for Summrary Judgment by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
March 31, 2021 Minute Entry for Telephonic Status Conference held on 3/31/2021 held before Judge Joy Flowers Conti: The parties did not reach a settlement agreement. YPS' motion for leave to file a motion for summary judgment is due on or before 4/15/21 and is limited to ten pages. MarkWest's and Black Bear's response is due on or before 4/29/21 and is also limited to 10 pages. (Court Reporter: Noreen Re) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
March 10, 2021 Minute Entry for telephonic status conference held before Judge Joy Flowers Conti on 3/10/2021: The parties informed the court that the mediation had not yet taken place. The date of 3/16/2021 was discussed. The court set a telephonic status conference for 3/31/2021 at 2:30 p.m. to discuss the outcome of mediation and to set deadlines for the filing of a motion for leave to file a summary judgment motion. The dial-in information for the call will be the same as it was for the 3/10/2021 call. (Court Reporter: Richard Ford) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
March 5, 2021 Reset Hearings: The telephonic status conference set for 3/9/2021 at 3:00 p.m. is hereby rescheduled for 3/10/2021 at 2:30 p.m. The dial-in information is the same as it was for the last call. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
February 9, 2021 Minute Entry for telephonic status conference held before Judge Joy Flowers Conti on 2/9/2021: The court informed the parties that it was advised that civil jury trials should not be held until October 2021. The court rescheduled the jury trial set for March 2021 for November 2021. Jury selection will take place on 11/8/2021 at 9:30 a.m. The jury trial will take place on 11/8/2021 after jury selection and through 11/19/2021. Jury trial to begin at 9:30 a.m. each day. The parties shall be advised that the courthouse is closed on 11/11/2021 in observation of Veterans Day and the jury trial will not be held that day. The court was informed that YPS is interested in a business to business mediation. Counsel for MarkWest and BlackBear will consult with his clients about the matter. A telephonic status conference re: the outcome of the mediation is set for 3/9/2021 at 3:00 p.m. The dial-in information is the same as it was for today's call. (Court Reporter: Jane Proud) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
December 10, 2020 Minute Entry for proceedings held before Judge Joy Flowers Conti on 12/10/2020: The court held a hearing re: scheduling of trial. The parties agreed to postpone the January 2021 trial dates to March 2021. The court scheduled a telephonic status conference re: trial scheduling for 2/9/2021 at 3:00 p.m. The parties will be provided dial-in information via email. (Court Reporter: Jane Proud) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
December 9, 2020 Set/Reset Hearings: The court will hold a telephonic status conference to discuss whether this case will be tried in January 2021 on 12/10/2020 at 1:30 p.m. The counsel will be emailed the dial-in information for the call. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
November 17, 2020 Opinion or Order Filing 324 ORDER denying as moot YPS' objection #311 in light of Black Bear's response #321 in which Black Bear confirmed its understanding that YPS stipulates to the authenticity and admissibility of the subject invoices but does not stipulate that the subject invoices are evidence ofthe cost to Black Bear of building replacement skids. Signed by Judge Joy Flowers Conti on 11/17/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
November 13, 2020 Filing 323 REPLY to Response to Motion re #313 Motion for Leave to File, /Motion for Reconsideration filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
November 9, 2020 Filing 322 RESPONSE IN OPPOSITION to #313 Motion for Leave to File,, filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Engelmyer, Steven)
November 6, 2020 Filing 321 RESPONSE to #311 Objections, filed by BLACKBEAR ENERGY SERVICES, INC.. (White, David)
November 6, 2020 Opinion or Order Filing 320 ORDER granting #307 Motion for Eric J. Schreiner to Appear Pro Hac Vice.. Signed by Judge Joy Flowers Conti on 11/6/20. (cjo)
November 6, 2020 Opinion or Order Filing 319 ORDER granting #279 Motion for Steven J. Engelmyer to Appear Pro Hac Vice. Signed by Judge Joy Flowers Conti on 11/6/20. (cjo)
November 6, 2020 Filing 318 Remark: The jury trial scheduled for January 2021 was scheduled to commence with jury selection on 1/18/2021. That day, however, is a federal holiday and the courts are closed. Jury selection will, therefore, begin on 1/19/2021 at 9:30 a.m. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
November 5, 2020 Minute Entry for proceedings held before Judge Joy Flowers Conti: The court held a status conference re: trial dates. The court informed the parties that the trial scheduled for November will not go forward. The court scheduled a telephonic status conference for 12/16/2020 at 11:30 a.m.to discuss whether the January 2021 trial will go forward. The parties will be emailed a dial-in number prior to the call. The court also set dates for a possible trial in March 2021: 3/15/2021 (jury selection) through 3/26/2021 at 9:30 a.m. (Court Reporter: Barbara Leo) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
November 5, 2020 Filing 317 Proposed Order of Eric J. Schreiner by YOUNGSTOWN PIPE & STEEL, LLC. (Schreiner, Eric)
November 5, 2020 Filing 316 Proposed Order re #279 Motion to Appear Pro Hac Vice of Steven J. Engelmyer by YOUNGSTOWN PIPE & STEEL, LLC. (Engelmyer, Steven)
November 2, 2020 Opinion or Order Filing 315 ORDER: On or before 11/9/2020, YPS shall file a response in opposition to #313 . The response shall address, among other things, whether the rule against hearsay applies to bar the admission of evidence that Loosli requested a gift or solicited a bribe from YPS. On or before 11/13/2020, MarkWest may file a reply brief. Signed by Judge Joy Flowers Conti on 11/2/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
November 2, 2020 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #307 Motion to Appear Pro Hac Vice, #279 Motion to Appear Pro Hac Vice. ERROR: Proposed Orders were not attached. CORRECTION: Attorney is advised to file the proposed orders by using the Proposed Order event and linking it to the documents in question. (ept)
November 2, 2020 Opinion or Order Filing 314 ORDER Response Schedule re #311 OBJECTIONS to Invoices of Black Bear Energy Services, Inc. by YOUNGSTOWN PIPE & STEEL, LLC. Black Bear Energy Services shall file its Response by 11/9/2020. Signed by Judge Joy Flowers Conti on 11/2/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
November 2, 2020 Filing 313 MOTION for Leave to File Motion in Limine /Motion for Reconsideration of Court's Ruling on Motion in Limine by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order) (White, David)
October 30, 2020 Set Hearings: Telephonic Status Conference set for 11/5/2020 at 11:30 AM before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
October 28, 2020 Filing 312 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re PRETRIAL CONFERENCE HEARING held on September 24, 2020 before Judge Joy Flowers Conti. Court Reporter Deborah Rowe, Telephone number 412-471-2510. E-mail: drowe.usdistrictcourt@verizon.net. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/4/2020. Redaction Request due 11/18/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/26/2021. (dsr)
October 15, 2020 Filing 311 OBJECTIONS to Invoices of Black Bear Energy Services, Inc. by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
October 9, 2020 Filing 310 Errata re #309 Pretrial Statement re Caption, Claim Elements, Witness List, Jury Selection Procedure and Preliminary Charge by YOUNGSTOWN PIPE & STEEL, LLC. Reason for Correction: Missing Signature. (Grillo, Mary)
October 9, 2020 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #309 Pretrial Statement. ERROR: Signature is missing. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (cel)
October 8, 2020 Filing 309 ERROR: SIGNATURE IS MISSING; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; PRETRIAL STATEMENT by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary) Modified on 10/9/2020 (cel).
October 7, 2020 Filing 308 NOTICE of Appearance by Eric J Schreiner on behalf of YOUNGSTOWN PIPE & STEEL, LLC. (Schreiner, Eric)
October 7, 2020 Filing 307 MOTION for attorney Eric J. Schreiner to Appear Pro Hac Vice, With Affidavit and Exhibit A (Filing fee $70, Receipt # APAWDC-5974896) by YOUNGSTOWN PIPE & STEEL, LLC. (Schreiner, Eric)
September 25, 2020 Minute Entry for proceedings held before Judge Joy Flowers Conti: Initial Pretrial Conference held on 9/25/2020.The court reviewed the jury selection procedure and preliminary charge. The parties shall meet and confer with respect to the caption, witness list, elements of each remaining claim, and any addition or objection to the jury selection procedure and preliminary charge; the parties shall file a joint submission with the court on or before 10/8/2020. The court conducted a hearing on the motions in limine filed by MarkWest. For the reasons set forth on the record, the motions in limine were granted in part and denied in part. The parties were instructed to conduct depositions of Joseph Greco and Vincent Pelini within the next three weeks. The depositions shall be limited to the issue of the alleged monetary gift, as set forth on the record, and shall last no longer than 2 hours. The court conducted a hearing on the objections to exhibits filed by each party. For the reasons set forth on the record, the court deemed exhibits TT, 67-69, and 71-75 admissible, subject to authenticating testimony at trial. As set forth on the record, the court deemed exhibit SS admissible with respect to the relevant photographs and inadmissible with respect to irrelevant photographs. The court deemed exhibit KKKK admissible but held that any x-rays that were not produced to Black Bear and MarkWest during discovery will not be introduced at trial. For the reasons set forth on the record, the court denied Youngstown Pipe & Steels motion for leave to file a successive motion for summary judgment. (Court Reporter: Deborah Rowe) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (jt)
September 24, 2020 Preliminary Pretrial Conference set for 9/24/2020 at 01:30 PM before Judge Joy Flowers Conti. (jt)
September 2, 2020 Filing 306 REPLY to Response to Motion re #295 Motion in Limine, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (White, David)
September 2, 2020 Opinion or Order Filing 305 ORDER granting #300 Motion for Leave to File a Reply to Defendant/Counterclaim Plaintiff Youngstown Pipe & Steel LLC's Response to MarkWest's Motion in Limine. Signed by Judge Joy Flowers Conti on 9/2/2020. (jt)
September 1, 2020 Filing 304 RESPONSE to #302 Objections, filed by BLACKBEAR ENERGY SERVICES, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (White, David)
September 1, 2020 Set/Reset Hearings: Trial set to begin on 9/8/2020 is continued and set to take place on 11/16/2020 through 11/25/2020. Jury selection will begin on 11/16/2020 at 10:30 am. Counsel shall advise the court of any objections to the new trial dates. (jt)
September 1, 2020 Opinion or Order In accordance with Administrative Order 2:20-mc-394, updated as of 9/27/2020, the jury trial set to begin on 9/8/2020 must be continued until after 11/2/2020. Trial is hereby rescheduled to take place on 11/16/2020 through 11/25/2020. Jury selection will begin on 11/16/2020 at 10:30 am. Counsel shall advise the court of any objections to the new trial dates. The pretrial conference and hearing on motions in limine set for 9/3/2020 is continued until 9/24/2020 at 1:00 pm. The parties will be provided the Zoom dial-in information via email. Signed by Judge Joy Flowers Conti on 9/1/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jt)
September 1, 2020 Filing 303 RESPONSE to #301 Objections,, filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
August 31, 2020 Filing 302 OBJECTIONS to Plaintiff Trial Exhibits by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit 1-7) (Grillo, Mary)
August 31, 2020 Filing 301 OBJECTIONS to YPS's Proposed Exhibits by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
August 24, 2020 Filing 300 MOTION for Leave to File Response to #298 YPS Response to MarkWest Motion in Limine by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Proposed Order) (White, David) Modified on 8/31/2020 to add document linkage (nll).
August 24, 2020 Filing 299 Proposed Jury Instructions Stipulations, Voir Dire and Proposed Verdict Slip (Joint) by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC, YOUNGSTOWN PIPE & STEEL, LLC. (White, David)
August 20, 2020 Filing 298 RESPONSE IN OPPOSITION to #295 Motion in Limine,, filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
August 17, 2020 Filing 297 PRETRIAL STATEMENT by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
August 17, 2020 Filing 296 REPLY to Response to Motion re #292 Brief in Opposition - Other, filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit) (Grillo, Mary)
August 11, 2020 Minute Entry for proceedings held before Judge Joy Flowers Conti: Telephonic Status Conference held on 8/11/2020. The court granted defendant's motion for extension of deadline to file pretrial statement and motions in limine #285 . The deadline for defendant/counterclaim plaintiff to file a pretrial statement and motions in limine is extended to 8/17/2020. The deadline for plaintiffs to respond to defendant's motions in limine is extended to 8/27/2020. The court granted defendant's motion to file a reply to plaintiffs' brief in opposition to motion for leave to file second motion for summary judgment #292 . Defendant may file a reply by 8/17/2020 and defendant's reply shall not exceed 5 pages. (Court Reporter: Karen Earley) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (jt)
August 10, 2020 Filing 295 MOTION in Limine by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Proposed Order) (White, David)
August 10, 2020 Filing 294 PRETRIAL STATEMENT by JOSEPH E. KOVACIC, III. (White, David)
August 10, 2020 Filing 293 PRETRIAL STATEMENT by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
August 7, 2020 Set/Reset Hearings: Telephonic Status Conference set for 8/11/2020 at 03:30 PM before Judge Joy Flowers Conti. The parties will be provided dial-in information via email. Text-entry only; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jt)
August 7, 2020 Filing 292 BRIEF in Opposition to #283 MOTION for Leave to File Second Motion for Summary Judgment on Remaining Claims and for Reconsideration of Summary Judgment on Certain Non-Remaining Claims , filed by BLACKBEAR ENERGY SERVICES, INC., MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Exhibit A) (White, David)
August 6, 2020 Filing 291 MOTION FOR STATUS CONFERENCE by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
August 6, 2020 Filing 290 Joint MOTION Status Conference by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Proposed Order) (White, David)
August 5, 2020 Filing 289 Remark: As set forth on the record at the status conference held on 6/18/2020, the court will address the presumptive trial dates for this case at the pretrial conference set for 9/3/2020 at 11:00 am. The parties may file a request that the court hold a status conference at an earlier date to address the trial dates set for this case. The parties should meet and confer before filing such a request with the court. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jt)
August 3, 2020 Filing 288 RESPONSE to Motion re #285 MOTION for Extension of Time to File Defendant Pretrial Statements and Motions in Limine filed by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
July 29, 2020 Opinion or Order Filing 287 ORDER: Plaintiff shall file a response to the motion for leave to file a section motion for summary judgment #283 filed by defendant Youngstown Pipe & Steel, LLC by 8/10/2020. Signed by Judge Joy Flowers Conti on 7/29/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jt)
July 29, 2020 Opinion or Order Filing 286 ORDER: Plaintiff shall file a response to the Motion for Extension filed by Defendant Youngstown Pipe & Steel #285 by 8/3/2020. Signed by Judge Joy Flowers Conti on 7/29/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jt)
July 28, 2020 Filing 285 MOTION for Extension of Time to File Defendant Pretrial Statements and Motions in Limine by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
July 28, 2020 Filing 284 Proposed Order re #283 Motion for Leave to File Second Motion for Summary Judgment and for Reconsideration by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
July 27, 2020 Filing 283 MOTION for Leave to File Second Motion for Summary Judgment on Remaining Claims and for Reconsideration of Summary Judgment on Certain Non-Remaining Claims by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit) (Grillo, Mary)
July 14, 2020 Filing 282 PRETRIAL STATEMENT by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit Expert Report, #2 Exhibit Expert Report Supplement 1, #3 Exhibit Expert Report Supplement 2) (Grillo, Mary)
July 14, 2020 Filing 281 PRETRIAL STATEMENT by BLACKBEAR ENERGY SERVICES, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (White, David)
July 8, 2020 Filing 280 REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 7/7/2020. (Frampton, Thomas)
June 24, 2020 Filing 279 MOTION for attorney Steven J. Engelmyer to Appear Pro Hac Vice, With Affidavit and Exhibit A (Filing fee $70, Receipt # APAWDC-5710785) by YOUNGSTOWN PIPE & STEEL, LLC. (Engelmyer, Steven)
June 19, 2020 Minute Entry for proceedings held before Judge Joy Flowers Conti: the court held a status conference on 6/18/2020 to address the dates set forth in the pre-trial case management order #276 . As set forth on the record, plaintiff's/counterclaim plaintiff's pretrial narrative statement shall be filed on or before 7/14/2020. Defendant's/counterclaim defendant's pretrial narrative statement shall be filed on or before 8/10/2020. (Court Reporter: Deborah Betzler) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (jt)
June 18, 2020 Filing 278 NOTICE of Appearance by Steven Jay Engelmyer on behalf of YOUNGSTOWN PIPE & STEEL, LLC. (Engelmyer, Steven)
June 15, 2020 Set/Reset Hearings: Telephonic Status Conference set for 6/18/2020 at 03:30 PM before Judge Joy Flowers Conti. Counsel will be provided dial-in information via email. (jt)
May 17, 2020 FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
May 5, 2020 Filing 277 Notice of Mediation by THOMAS T. FRAMPTON. Mediation Date Tuesday, July 7, 2020 at 9:30 a.m., Goehring, Rutter & Boehm, Waterfront Coroporate Park, 2100 Georgetowne Dr., Suite 300, Sewickley, PA 15143 (Frampton, Thomas)
April 26, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)
March 28, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)
March 24, 2020 Opinion or Order Filing 276 CASE MANAGEMENT ORDER - Pretrial: Plaintiff Pretrial Narrative Statement due by 7/7/2020; Defendant's Pretrial Narrative Statement due by 8/3/2020; Stipulations, proposed voir dire, proposed jury instructions and proposed verdict slips due by 8/24/20; Joint set of Exhibit books due by 8/28/2020; Objections to Exhibits due by 8/31/20; Responses to Objections to Exhibits due by 9/1/20; Motions in Limine due by 8/10/2020; Response to Motions in Limine due by 8/20/2020; Presumptive Hearing on Motions in Limine set for 9/3/20 at 11:00 AM Courtroom 5A Fifth Floor before Judge Joy Flowers Conti; Pretrial Conference is set for 9/3/20 at 11:00 Suite 5250 Fifth Floor United States Courthouse; Presumptive Trial Date is from 9/8/20 to 9/17/20, Jury Selection will begin 9//8/20 at 9:30 AM. Details More Fully Stated in the Order. Signed by Judge Joy Flowers Conti on 3/24/20. (cjo)
March 24, 2020 Minute Entry for proceedings held before Judge Joy Flowers Conti on 3/24/2020: The parties agreed to mediation. Mediation shall be concluded by early July. The parties shall file the date, time, and location of mediation with the court. All clients with decision-making authority shall be present at the mediation. The court set dates for trial. An appropriate order will be entered. Trial will take place 9/8/2020 through 9/17/2020 at 9:30 a.m. A pretrial conference will take place on 9/3/2020 at 11:00 a.m. Counsel for YPS ordered to provide its dollar figure to counsel for MarkWest/Black Bear. If the parties cannot resolve the fees issues amongst themselves, they may submit it to the court for in camera review. The parties were informed, however, that if they submit voluminous motions in limine or the fees issues are complicated, a special master will be appointed to help the court resolve those issues. (Court Reporter: Deborah Rowe) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
March 18, 2020 Set Hearings: A telephonic scheduling conference is set for 3/24/2020 at 2:15 PM before Judge Joy Flowers Conti. The court will email the parties a dial-in number and passcode for the telephonic conference. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
March 18, 2020 Opinion or Order Filing 275 ORDER granting in part and denying in part the motions for summary judgment filed by MarkWest #231 and Black Bear and Kovacic #233 and denying the motion for summary judgment filed by YPS #238 for the reasons set forth in the accompanying opinion #274 . Signed by Judge Joy Flowers Conti on 3/18/2020. (kjm)
March 18, 2020 Opinion or Order Filing 274 OPINION setting forth the reasons the motions for summary judgment filed by MarkWest #231 and Black Bear and Kovacic #233 will be granted in part and denied in part and the partial motion for summary judgment filed by YPS #238 will be denied. An appropriate order will be entered. Signed by Judge Joy Flowers Conti on 3/18/2020. (kjm)
January 30, 2020 Filing 273 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Proceedings held on July 10, 2019 before Judge Joy Flowers Conti. Court Reporter Sharon Siatkowski, Telephone number 412-773-3623. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 2/6/2020. Redaction Request due 2/20/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/29/2020. (sls) Modified text on 2/10/2020. (cel)
September 13, 2019 Filing 272 CONCISE STATEMENT OF MATERIAL FACTS (COMBINED) re #240 Concise Statement of Material Facts by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Grillo, Mary)
September 12, 2019 Filing 271 CONCISE STATEMENT OF MATERIAL FACTS re #233 Motion for Summary Judgment by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (White, David)
September 12, 2019 Filing 270 CONCISE STATEMENT OF MATERIAL FACTS re #231 Motion for Summary Judgment, by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
September 4, 2019 Filing 269 Appendix to #266 Reply, #268 Reply, by BLACKBEAR ENERGY SERVICES, INC., MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
September 4, 2019 Filing 268 REPLY to YPS Responsive Concise Statement to #249 Concise Statement of Material Facts, filed by BLACKBEAR ENERGY SERVICES, INC., MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
September 4, 2019 Filing 267 REPLY to Response to Motion re #246 Response to Motion for Summary Judgment filed by BLACKBEAR ENERGY SERVICES, INC., MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
September 4, 2019 Filing 266 REPLY to YPS Responsive Concise Statement to #247 Concise Statement of Material Facts, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
September 4, 2019 Filing 265 REPLY to Response to Motion re #246 Response to Motion for Summary Judgment filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
September 4, 2019 Filing 264 Appendix to #263 Concise Statement of Material Facts by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
September 4, 2019 Filing 263 CONCISE STATEMENT OF MATERIAL FACTS re #262 Reply to Response to Motion by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
September 4, 2019 Filing 262 REPLY to Response to Motion re #238 Motion for Partial Summary Judgment filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit) (Grillo, Mary)
August 7, 2019 Filing 261 Appendix to #247 Concise Statement of Material Facts by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Appendix) (Grillo, Mary)
August 6, 2019 Opinion or Order Filing 260 ORDER granting #259 MOTION for Leave to File Documents Under Seal. It is hereby ordered that YPS shall redact the Ethics Report consistent with the Courts March 21, 2019 Order (ECF 198), refile the Appendix to YPS's Responsive Concise Statement of Material Facts with the redacted Ethics Report, and file the unredacted Ethics Report under seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred.. Signed by Judge Joy Flowers Conti on 8/6/2019. (smc) Modified text on 8/7/2019. (cel)
August 2, 2019 Filing 259 MOTION for Leave to File Documents Under Seal by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
July 30, 2019 Opinion or Order Filing 258 ORDER entered #257 Motion for Clarification. Upon consideration of Defendant/Counterclaim Plaintiff Youngstown Pipe & Steel, LLC's Motion For Clarification, it is hereby ORDERED that Defendant/Counterclaim Plaintiff Youngstown Pipe & Steel shall file a motion for leave of court to file its Appendix under seal. Signed by Judge Joy Flowers Conti on 7/30/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
July 24, 2019 Filing 257 MOTION for Clarification as to 252 Order on #251 Motion re #248 Appendix related to Sealing/Redaction of Document by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary) Modified text on 7/25/2019. (cel)
July 24, 2019 Opinion or Order Filing 256 ORDER granting #254 Motion for Enlargement of Time. The MarkWest Defendants shall have four (4) weeks after YPS refiles its Appendix to file their replies to YPS's Combined Response in Opposition #246 , and YPS's Responsive Concise Statement of Material Facts #247 . The same extension shall apply to the deadline for Black Bear Energy Services, Inc. and Joseph E. Kovacic, III to reply to YPS's Combined Response in Opposition #246 , and YPSs Responsive Concise Statement of Material Facts #249 . Signed by Judge Joy Flowers Conti on 7/24/2019. (smc)
July 24, 2019 Filing 255 RESPONSE to Motion re #254 MOTION to Extend Time to Reply to Youngstown Pipe's Response in Opposition to MarkWest, Black Bear and Kovacic's Motions for Summary Judgment and Youngstown Pipe's Responsive Concise Statement to MarkWest's Concise Statement filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
July 19, 2019 Filing 254 MOTION to Extend Time to Reply to Youngstown Pipe's Response in Opposition to MarkWest, Black Bear and Kovacic's Motions for Summary Judgment and Youngstown Pipe's Responsive Concise Statement to MarkWest's Concise Statement by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Proposed Order) (White, David)
July 19, 2019 Opinion or Order Filing 253 ORDER granting #250 Motion for Leave to File Responsive Concise Statement of Material Facts and Appendix. Signed by Judge Joy Flowers Conti on 7/19/2019. (smc)
July 18, 2019 Opinion or Order Filing 252 ORDER granting in part and denying in part #251 Motion for Leave to Withdraw ECF Filing from View and Refile. It is ORDERED that the motion to remove #248 Appendix to Responsive Concise Statement of Facts from view is granted. The document will be stricken from the record. The motion to refile the document is denied without prejudice. Counsel must seek leave of court to file all or part of a document under seal. Signed by Judge Joy Flowers Conti on 7/18/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
July 18, 2019 Filing 251 MOTION re #248 Appendix, filed by YOUNGSTOWN PIPE & STEEL, LLC by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
July 18, 2019 Filing 250 MOTION for Leave to File RCSOM AND APPENDIX by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
July 18, 2019 Filing 249 CONCISE STATEMENT OF MATERIAL FACTS (RESPONSIVE) re #235 CONCISE STATEMENT OF MATERIAL FACTS, by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
July 18, 2019 Filing 248 Appendix to #247 Concise Statement of Material Facts by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit) (Grillo, Mary) Modified text on 7/18/2019. REMOVED FROM VIEW SEE 252 (smc)
July 17, 2019 Filing 247 CONCISE STATEMENT OF MATERIAL FACTS (RESPONSIVE) re #231 Motion for Summary Judgment, by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
July 17, 2019 Filing 246 RESPONSE to Motion re #233 MOTION for Summary Judgment , #231 MOTION for Summary Judgment filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
July 17, 2019 Filing 245 Appendix to #244 Brief in Opposition - Other by BLACKBEAR ENERGY SERVICES, INC.. (Attachments: #1 Appendix) (White, David)
July 17, 2019 Filing 244 BRIEF in Opposition to #240 Concise Statement of Material Facts, filed by BLACKBEAR ENERGY SERVICES, INC.. (White, David)
July 17, 2019 Filing 243 BRIEF in Opposition re #238 Motion for Partial Summary Judgment filed by BLACKBEAR ENERGY SERVICES, INC.. (White, David)
July 11, 2019 Filing 241 Appendix by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibits A-M, #2 Exhibit K, #3 Exhibits N-Z, #4 Exhibits AA-CC) (Grillo, Mary)
July 11, 2019 Filing 240 CONCISE STATEMENT OF MATERIAL FACTS re #238 Motion for Partial Summary Judgment by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
July 11, 2019 Filing 239 BRIEF in Support re #238 Motion for Partial Summary Judgment filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
July 11, 2019 Filing 238 MOTION for Partial Summary Judgment by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
July 11, 2019 Filing 237 Appendix to #232 Concise Statement of Material Facts, #235 Concise Statement of Material Facts by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Appendix 1-7, #2 Appendix 8-12, #3 Appendix 13-19, #4 Appendix 20-31) (White, David)
July 11, 2019 Filing 236 BRIEF in Support re #231 Motion for Summary Judgment, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
July 11, 2019 Filing 235 CONCISE STATEMENT OF MATERIAL FACTS re #233 Motion for Summary Judgment by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (White, David)
July 11, 2019 Filing 234 BRIEF in Support re #233 Motion for Summary Judgment filed by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (White, David)
July 11, 2019 Filing 233 MOTION for Summary Judgment by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (Attachments: #1 Proposed Order) (White, David)
July 11, 2019 Filing 232 CONCISE STATEMENT OF MATERIAL FACTS re #231 Motion for Summary Judgment, by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
July 11, 2019 Filing 231 MOTION for Summary Judgment by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Proposed Order) (White, David)
July 10, 2019 Opinion or Order Filing 242 CASE MANAGEMENT ORDER re: SUMMARY JUDGMENT: Summary Judgment due by 7/11/2019; Response to Summary Judgment due by 7/17/2019; Replies due by 8/7/2019; Combined Concise Statement of Material Facts due by 8/17/2019. Signed by Judge Joy Flowers Conti on 7/10/2019. (kjm)
July 10, 2019 Minute Entry for proceedings held before Judge Joy Flowers Conti: The court heard from the parties re: YPS' motions to file surreply. #222 #223 . The motions were granted in part and denied in part. The court in an effort to organize the docket denied the pending motions for summary judgment #177 #180 #185 . The parties shall refile the motions on 7/11/2019. Responses are due on 7/17/2019. Replies are due on or before 8/7/2019. An appropriate order will be entered. As set forth on the record, YPS will pay the costs and expenses of Markwest, Black Bear, and Kovacic. Courtesy copies of all filings shall be provided to the court. (Court Reporter: Sharon Kiatkowski) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
June 27, 2019 Filing 230 REPLY to Response to Motion re #222 Motion for Leave to File, Surreply filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit) (Grillo, Mary)
June 19, 2019 Set/Reset Hearings: Motion Hearing set for 6/25/2019 is reset for 7/10/2019 at 11:30 AM in Courtroom 5A before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc)
June 19, 2019 Opinion or Order Filing 229 ORDER granting #228 Motion For Extension of (1) Deadline to File Replies to Counterclaim Defendants' Responses to YPS's Motions for Leave to File Surreply and (2) the Hearing Date. YPS shall file the Replies on or before 7/27/2019 and the Hearing on YPS's Motion for Leave to file Surreply shall be held on 7/10/2019 at 11:30 AM. Signed by Judge Joy Flowers Conti on 6/19/2019. (smc)
June 17, 2019 Filing 228 MOTION for Extension of Time to File Response/Reply as to 227 Order Setting Hearing on Motion, 226 Order,,, Set Response,, by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
June 6, 2019 Opinion or Order Filing 227 ORDER Setting Hearing on Motion #222 MOTION for Leave to File Surreply : Motion Hearing set for 6/25/2019 at 03:45 PM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 6/6/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
June 6, 2019 Opinion or Order Filing 226 ORDER re #224 Response in Opposition, filed by MARKWEST OPERATING COMPANY, LLC, MARKWEST ENERGY PARTNERS, L.P., MARKWEST UTICA EMG, LLC, MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, OHIO GATHERING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC TO #222 Motion for Leave to File Surreply of Youngstown pipe & Steel, LLC filed by YOUNGSTOWN PIPE & STEEL, LLC. YOUNGSTOWN PIPE & STEEL, LLC.'s Reply to Response due by 6/17/2019. Signed by Judge Joy Flowers Conti on 6/6/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
June 4, 2019 Filing 225 RESPONSE IN OPPOSITION to #223 Motion for Leave to File, filed by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (White, David)
June 4, 2019 Filing 224 RESPONSE IN OPPOSITION to #222 Motion for Leave to File, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David) Modified text on 6/5/2019. (cel)
May 30, 2019 Filing 223 MOTION for Leave to File Surreply by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Grillo, Mary)
May 30, 2019 Filing 222 MOTION for Leave to File Surreply by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit) (Grillo, Mary)
May 14, 2019 Filing 221 CONCISE STATEMENT OF MATERIAL FACTS in Support of Youngstown Pipe & Steel, LLC's Motion for Partial Summary Judgment re #220 Concise Statement of Material Facts by BLACKBEAR ENERGY SERVICES, INC.. (White, David)
May 13, 2019 Filing 220 CONCISE STATEMENT OF MATERIAL FACTS re #201 Response in Opposition, #217 Concise Statement of Material Facts, #199 Concise Statement of Material Facts by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
May 13, 2019 Filing 219 CONCISE STATEMENT OF MATERIAL FACTS in Support of Motion for Summary Judgment re #178 Brief in Support of Motion, #177 Motion for Summary Judgment, by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
May 13, 2019 Filing 218 CONCISE STATEMENT OF MATERIAL FACTS in Support of Motion for Summary Judgment re #180 Motion for Summary Judgment, #181 Brief in Support of Motion by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (White, David)
April 29, 2019 Filing 217 CONCISE STATEMENT OF MATERIAL FACTS re #216 Reply to Response to Motion by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Appendix) (Grillo, Mary)
April 29, 2019 Filing 216 REPLY to Response to Motion re #184 Motion for Partial Summary Judgment filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
April 29, 2019 Filing 215 Appendix to #182 Concise Statement of Material Facts, #179 Concise Statement of Material Facts, #183 Appendix, by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
April 29, 2019 Filing 214 REPLY to #209 Concise Statement of Material Facts, filed by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (White, David)
April 29, 2019 Filing 213 REPLY to Response to Motion re #180 Motion for Summary Judgment filed by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (White, David)
April 29, 2019 Filing 212 REPLY to #205 Concise Statement of Material Facts, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
April 29, 2019 Filing 211 REPLY to Response to Motion re #177 Motion for Summary Judgment, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
April 22, 2019 Filing 210 Appendix to #209 Concise Statement of Material Facts by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Grillo, Mary)
April 22, 2019 Filing 209 CONCISE STATEMENT OF MATERIAL FACTS re #204 Response in Opposition by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
April 18, 2019 Opinion or Order Filing 208 ORDER granting #206 Motion for Leave to File Revised Concise Statements of Material Fact and the related Appendix. Signed by Judge Joy Flowers Conti on 4/18/2019. (smc)
April 16, 2019 Filing 207 Proposed Order re #206 Motion for Leave to File by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
April 16, 2019 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #206 Motion for Leave to File. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (cel)
April 16, 2019 Filing 206 MOTION for Leave to File Ancillary Document to Motion for Summary Judgment by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Grillo, Mary) Modified text on 4/16/2019. (cel)
April 15, 2019 Filing 205 CONCISE STATEMENT OF MATERIAL FACTS re #200 Brief in Opposition to Motion by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Appendix, #2 Exhibit) (Grillo, Mary)
April 15, 2019 Filing 204 RESPONSE IN OPPOSITION to #180 Motion for Summary Judgment, filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
April 15, 2019 Filing 203 RESPONSE IN OPPOSITION to #177 Motion for Summary Judgment,, filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
April 15, 2019 Filing 202 Appendix to #201 Response in Opposition by BLACKBEAR ENERGY SERVICES, INC.. (White, David)
April 15, 2019 Filing 201 RESPONSE IN OPPOSITION to #199 Concise Statement of Material Facts, filed by BLACKBEAR ENERGY SERVICES, INC.. (White, David)
April 15, 2019 Filing 200 BRIEF in Opposition re #185 Motion for Partial Summary Judgment filed by BLACKBEAR ENERGY SERVICES, INC.. (White, David)
March 29, 2019 Filing 199 Redacted CONCISE STATEMENT OF MATERIAL FACTS re #185 Motion for Partial Summary Judgment by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix) (Grillo, Mary)
March 21, 2019 Opinion or Order Filing 198 ORDER for the reasons set forth in the accompanying memorandum opinion #197 granting in part and denying in part emergency motion #188 ; placing #187 under seal; ordering MarkWest to provide redactions to the ethics report; ordering YPS to make redactions to the concise statement of material facts; ordering YPS to refile #187 with redactions to the ethics report and the concise statement of material facts. Signed by Judge Joy Flowers Conti on 3/21/2019. (kjm)
March 21, 2019 Opinion or Order Filing 197 MEMORANDUM OPINION setting forth the reasons the Emergency MOTION for Order Requiring Refiling Under Seal in Redacted Format, Confidential, Attorneys' Eyes Only Documents #188 will be granted in part and denied in part. An appropriate order will be entered. Signed by Judge Joy Flowers Conti on 3/21/2019. (kjm)
March 20, 2019 Filing 196 RESPONSE IN OPPOSITION to Emergency Motion re Sealing of Document filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
March 19, 2019 Opinion or Order Filing 195 ORDER GRANTING Motion for Leave to File Amended Response #191 : At or before 5:00 p.m. on 3/20/2019 YPS shall file its amended response to the emergency motion re: sealing #188 . Signed by Judge Joy Flowers Conti on 3/19/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
March 19, 2019 Opinion or Order Filing 194 ORDER GRANTING Motion for Extension of Time to File Response/Reply #190 : the responses in opposition to the motions for summary judgment are due on or before 4/15/2019; the replies are due on or before 4/29/2019; and the combined concise statements of fact are due on or before 5/13/2019. No further extensions will be granted. Signed by Judge Joy Flowers Conti on 3/19/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
March 11, 2019 Filing 193 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/2/2016 before Judge Joy Flowers Conti. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 3/18/2019. Redaction Request due 4/1/2019. Redacted Transcript Deadline set for 4/11/2019. Release of Transcript Restriction set for 6/10/2019. (rtf) Modified text on 3/19/2019. (cel)
March 6, 2019 Filing 192 RESPONSE IN OPPOSITION to #191 Motion for Leave to File, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Exhibit 1) (White, David)
March 4, 2019 Filing 191 MOTION for Leave to File Amended Response by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit, #2 Proposed Order) (Grillo, Mary)
March 1, 2019 Filing 190 MOTION for Extension of Time to File Response/Reply as to #176 Case Management Order by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
February 28, 2019 Filing 189 RESPONSE to Motion re #188 Emergency MOTION Order Requiring Refiling Under Seal in Redacted Format, Confidential, Attorneys' Eyes Only Documents re #187 Concise Statement of Material Facts filed by YOUNGSTOWN PIPE & STEEL, LLC, #184 MOTION for Partial Summary Judg filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
February 27, 2019 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #184 Motion for Partial Summary Judgment. ERROR: Document should have been filed as three separate documents. CORRECTION: Attorney made aware to court (by phone call, logged) that attorney filed #185 Motion for Partial Summary Judgment, #186 Brief in support of Motion and #187 CONCISE STATEMENT OF MATERIAL FACTS to correct error. This message is for informational purposes only. (jv)
February 26, 2019 Filing 188 Emergency MOTION Order Requiring Refiling Under Seal in Redacted Format, Confidential, Attorneys' Eyes Only Documents re #187 Concise Statement of Material Facts filed by YOUNGSTOWN PIPE & STEEL, LLC, #184 MOTION for Partial Summary Judgment filed by YOUNGSTOWN PIPE & STEEL, LLC by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (White, David)
February 25, 2019 Filing 187 CONCISE STATEMENT OF MATERIAL FACTS re #185 Motion for Partial Summary Judgment by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix) (Grillo, Mary) Modified text on 3/21/2019. Document sealed on 3/21/2019 pursuant to #198 . (kjm)
February 25, 2019 Filing 186 BRIEF in Support re #185 Motion for Partial Summary Judgment filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
February 25, 2019 Filing 185 MOTION for Partial Summary Judgment by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
February 25, 2019 Filing 184 MOTION for Partial Summary Judgment by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Appendix) (Grillo, Mary)
February 25, 2019 Filing 183 Appendix to #182 Concise Statement of Material Facts, #179 Concise Statement of Material Facts, by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Appendix 1-7, #2 Appendix 8-12, #3 Appendix 13-19, #4 Appendix 20-31) (White, David)
February 25, 2019 Filing 182 CONCISE STATEMENT OF MATERIAL FACTS re #180 Motion for Summary Judgment by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (White, David)
February 25, 2019 Filing 181 BRIEF in Support re #180 Motion for Summary Judgment filed by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (White, David)
February 25, 2019 Filing 180 MOTION for Summary Judgment by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (Attachments: #1 Proposed Order) (White, David)
February 25, 2019 Filing 179 CONCISE STATEMENT OF MATERIAL FACTS re #177 Motion for Summary Judgment, by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
February 25, 2019 Filing 178 BRIEF in Support re #177 Motion for Summary Judgment, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
February 25, 2019 Filing 177 MOTION for Summary Judgment by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Proposed Order) (White, David)
January 23, 2019 Opinion or Order Filing 176 CASE MANAGEMENT ORDER: Summary Judgment due by 2/25/2019; Response to Summary Judgment due by 3/25/2019; Reply brief due by 4/8/2019. Combined Statement of Facts due by 4/18/2019. Signed by Judge Joy Flowers Conti on 1/23/2019. (smc)
January 23, 2019 Minute Entry for proceedings held before Judge Joy Flowers Conti: Status Conference held on 1/23/2019. Court set dates for summary judgment motions. Order to follow. (Court Reporter: S. Hall) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (smc)
January 22, 2019 Set/Reset Hearings: Scheduling Conference set for 1/23/2019 at 11:45 AM before Judge Joy Flowers Conti. Parties may participate in the conference by telephone. Parties should provide chambers with their contact information prior to the conference. The Dauber Hearing set for 1/23/2019 at 2:00 PM is cancelled. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc) Modified text on 1/22/2019. Corrected Date. (smc)
November 5, 2018 Opinion or Order Filing 175 ORDER ADOPTING REPORT & RECOMMENDATION #174 : The court having heard no objection to the R&R within two days of its filing hereby adopts the R&R #174 as the opinion of the court. Signed by Chief Judge Joy Flowers Conti on 11/5/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
October 29, 2018 Filing 174 SPECIAL MASTER REPORT AND RECOMMENDATION REGARDING YPS' MOTION FOR LEAVE TO TAKE ADDITIONAL DEPOSITIONS WITHIN THE EXTENDED CASE MANAGEMENT DEADLINES by PATRICIA L. DODGE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dodge, Patricia)
August 1, 2018 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti on 8/1/2018: As fully set forth on the record, the court granted the motion to extend expert deadlines subject to Blackbear paying for YPS' reasonable costs and expenses with respect to duplicative efforts. The court extended the dates for expert discovery as follows: reports are due on 9/20/18; rebuttal is due on 10/20/2018; supplements are due on 11/09/2018; Daubert motions due on 12/24/2018; and responses in opposition are due on 1/8/2019. A Daubert hearing is scheduled for 1/23/2019 at 2:00 p.m. The additional issue raised should be addressed by the special master. (Court Reporter: Shirley Hall) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm) Modified on 8/20/2018 to change "1/23/2018" to "1/23/2019" and "1/8/2018" to "1/8/2019." (kjm)
August 1, 2018 Set Hearings: Telephonic Status Conference set for 8/1/2018 at 03:45 PM before Chief Judge Joy Flowers Conti. Parties are to provide chambers with contact information prior to the conference. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc)
July 31, 2018 Filing 173 RESPONSE IN OPPOSITION to #171 MOTION to Substitute Expert Witness and Extend Case Management Deadlines filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary) Modified on 8/1/2018. (cel)
July 30, 2018 Opinion or Order Filing 172 ORDER Response/Briefing Schedule re #171 Motion so Substitute Expert Witness and Extend Case Management Deadlines. Response to Motion due by 8/1/2018 at 11:00 AM Signed by Chief Judge Joy Flowers Conti on 7/30/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
July 30, 2018 Filing 171 MOTION to Substitute Expert Witness and Extend Case Management Deadlines by BLACKBEAR ENERGY SERVICES, INC. (Attachments: #1 Proposed Order) (White, David)
July 26, 2018 Opinion or Order Filing 170 ORDER RESETTING HEARING. The Daubert / Motion Hearing set for 8/28/2018 at 2:00 PM is reset for 8/28/2018 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 7/26/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
April 24, 2018 Opinion or Order Filing 169 CASE MANAGEMENT ORDER: Plaintiff Expert Reports due by 5/16/2018; Defendant Expert Reports due by 6/15/2018; All supplements to any Expert Report shall be due 6/29/2018; Expert Depositions to be completed by 7/30/2018; Motions on challenges of the qualifications of any expert or substance of the experts testimony due by 8/10/2018. Responses to Motions due by 8/20/2018. Hearing on Motions on challenges of the qualifications of any expert or substance of the experts testimony set for 8/28/2018 at 02:00 PM before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 4/24/2018. (smc)
April 16, 2018 Minute Entry for conference at the close of fact discovery held before Chief Judge Joy Flowers Conti on 4/16/2018: The court denied the motion for extension of fact discovery #167 . Blackbear/Markwest are to produce the set of four emails referenced on the record. The court will enter a case management order re: expert discovery. A Daubert hearing is scheduled for 8/28/2018 at 2:00 p.m. The parties are to meet and confer and if there are no Daubert challenges they shall inform the court and the hearing will be cancelled. The court did not rule on whether it will adopt the latest R&R #166 . The matter was left open. YPS was given permission to subpoena the relevant law firm. YPS has one week to file objections to the R&R. (Court Reporter: Barbara Leo) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
April 16, 2018 Opinion or Order Filing 168 ORDER Response/Briefing Schedule re #167 Motion for Limited Extension of Discovery Deadline. Response to Motion due by 4/20/2018. Signed by Chief Judge Joy Flowers Conti on 4/16/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
April 15, 2018 Filing 167 MOTION for Limited Extension of the Discovery Deadline by YOUNGSTOWN PIPE & STEEL, LLC. (Attachment: #1 Proposed Order) (Grillo, Mary) Modified on 4/16/2018. (jsp)
April 12, 2018 Filing 166 SPECIAL MASTER REPORT AND RECOMMENDATION Regarding Motion to Compel by PATRICIA L. DODGE. (Dodge, Patricia) Modified on 4/16/2018. (jsp)
April 3, 2018 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti on 4/3/2018: For the reasons set forth on the record, the court adopted the report and recommendation #164 and denied the motion to compel submitted by YPS. (Court Reporter: Barbara Leo) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
April 2, 2018 Opinion or Order Filing 165 ORDER: At or before 4:00 p.m. today, 4/2/2018, MarkWest shall hand deliver to chambers the documents at issue in #164 for the court to conduct an in camera review. Signed by Chief Judge Joy Flowers Conti on 4/2/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
April 2, 2018 Set Hearings: Telephonic hearing re: #164 is set for tomorrow, Tuesday, 4/3/2018, at 10:30 a.m. The court will initiate the call. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
April 2, 2018 Filing 164 EXPEDITED REPORT AND RECOMMENDATION Regarding Motion of Youngstown Pipe & Steel, LLC to Produce Documents by PATRICIA L. DODGE. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Dodge, Patricia) Modified on 4/3/2018. (jsp)
March 26, 2018 Minute Entry for Telephonic Status Conference held before Chief Judge Joy Flowers Conti on 3/26/2018: The court held a hearing re: #163 . The court after hearing from the parties determined it would adopt the R&R as the opinion of the court and the motion for protective order submitted by YPS would be denied. The 30(b)(6) deposition of YPS will take place tomorrow, 3/27/2018, as scheduled. The parties shall meet and confer with the assistance of the special master to develop a schedule for the remaining depositions and discovery. (Court Reporter: B. Leo) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
March 26, 2018 Set Hearings: A telephonic status conference re: #163 is set for today, 3/26/2018, at 2:30 p.m. The court will initiate the call. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
March 26, 2018 Filing 163 SPECIAL MASTER REPORT AND RECOMMENDATION by PATRICIA L. DODGE. (Attachments: #1 Exhibit A, #2 Exhibit B) (Dodge, Patricia)
February 28, 2018 Remark: The court received the objection to the order appointing special master from defendant/counterclaim plaintiff and the response from plaintiffs/counterclaim defendants. The court determined the objection would be denied in light of the joint representation in this case for plaintiffs and counterclaim defendants. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
February 28, 2018 Opinion or Order Filing 162 ORDER REFERRING CASE to Special Master for Discovery. PATRICIA L. DODGE appointed as Special Master. Signed by Chief Judge Joy Flowers Conti on 2/28/2018. (kjm)
February 28, 2018 Filing 161 Rule 53 AFFIDAVIT by PATRICIA L. DODGE re: Special Master Appointment. (kjm)
February 26, 2018 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti on 2/26/2018: The court held a telephonic status conference to address another discovery dispute between the parties. The court set additional discovery deadlines. The court determine that because the parties and court already agreed upon the appointment for special master, the motion to appoint special master would be denied as moot. (Court Reporter: B. Leo) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
February 26, 2018 Set Hearings: The court having received notice of a discovery dispute from plaintiff's counsel is hereby scheduling a telephonic hearing for today, 2/26/2018, at 12:00 p.m. The court will initiate the call. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
February 26, 2018 Filing 160 RESPONSE to Motion re #158 MOTION for an Order Appointing a Special Discovery Master filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit 2/20/18 Transcript of Court Proceedings, #2 Proposed Order) (Grillo, Mary)
February 23, 2018 Filing 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 02-20-18 before Judge Joy Flowers Conti. Court Reporter Barbara Leo, Telephone number 412-583-7557. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 3/2/2018. Redaction Request due 3/16/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/24/2018. (bml)
February 22, 2018 Filing 158 MOTION for an Order Appointing a Special Discovery Master by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachment: #1 Proposed Order) (White, David) Modified on 2/23/2018. (jsp)
February 20, 2018 Minute Entry for conference held before Chief Judge Joy Flowers Conti on 2/20/2018: The court was informed of a discovery dispute between the parties. The court held a telephone conference and instructed the parties to appear in person at the courthouse to develop a discovery plan. The court then addressed the parties after their meet and confer. The court ordered the parties to comply with various discovery deadlines. The court determined it would appoint a special master to oversee discovery. The court and parties agreed upon a nomination for the appointment. (Court Reporter: B. Leo) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
December 20, 2017 Opinion or Order Filing 157 ORDER re #155 Proposed Discovery Plan filed by YOUNGSTOWN PIPE & STEEL, LLC. Based on the forgoing Stipulated Order Regarding Discovery of Electronically Stored Information, it is hereby ORDERED that the provisions thereof are adopted as an ORDER of this Court. Signed by Chief Judge Joy Flowers Conti on 12/18/2017. (smc)
October 30, 2017 Filing 156 REPORT of Early Neutral Evaluation Case has not resolved. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. ENE session was held held on 10/27/2017. (Frampton, Thomas)
October 20, 2017 Filing 155 PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
October 20, 2017 Filing 154 Notice of Early Neutral Evaluation by THOMAS T. FRAMPTON. Early Neutral Evaluation Date Friday, October 27, 2017 at 10:30 a.m. (Frampton, Thomas)
October 19, 2017 Opinion or Order Filing 153 ORDER granting #152 Motion for Extension of Time to File Stipulated Order Regarding Discovery of Electronically Stored Information. The deadline for filing the Order is extended to Friday, October 20, 2017. Signed by Chief Judge Joy Flowers Conti on 10/19/2017. (smc)
October 18, 2017 Filing 152 Joint MOTION for Extension of Time to File Stipulated Order Regarding Discovery of Electronically Stored Information by YOUNGSTOWN PIPE & STEEL, LLC. (Attachment: #1 Proposed Order re Extension of Time to File ESI Discovery Order) (Grillo, Mary) Modified on 10/19/2017. (jsp)
October 13, 2017 Filing 151 ANSWER and Affirmative Defenses to Black Bear Energy Services, Inc.'s #129 Counterclaims to Counterclaims, by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary) Modified on 10/23/2017. (tt)
October 4, 2017 Opinion or Order Filing 150 ORDER IMPLEMENTING FEDERAL RULE OF EVIDENCE 502(D). Signed by Chief Judge Joy Flowers Conti on 10/2/2017. (smc)
October 4, 2017 Opinion or Order Filing 149 ORDER REFERRING CASE to Mediation. Thomas T. Frampton is appointed as mediator. Signed by Chief Judge Joy Flowers Conti on 10/2/2017. (smc)
October 4, 2017 Opinion or Order Filing 148 CASE MANAGEMENT ORDER: Amended Pleadings due by 12/2/2017. Joinder of Parties due by 12/2/2017. Discovery due by 4/15/2018. Status Conference set for 4/16/2018 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti.. Signed by Chief Judge Joy Flowers Conti on 10/2/2017. (smc)
October 2, 2017 Opinion or Order Filing 147 ORDER: As set forth on the record at the hearing on 10/2/2017, the close of fact discovery is set for 4/15/2018. The court will not entertain or grant any further extensions. Signed by Chief Judge Joy Flowers Conti on 10/2/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
October 2, 2017 Opinion or Order Filing 146 ORDER: PRIOR TO FILING ANY MOTION RAISING PROCEDURAL ISSUES, THE PARTIES MUST FIRST CONTACT CHAMBERS TO DISCUSS THE NEED TO FILE SUCH A MOTION WITH THE COURT. Signed by Chief Judge Joy Flowers Conti on 10/2/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
October 2, 2017 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti: re: Motion to Strike #129 . For the reasons set forth on the record, the court DENIED the motion to strike #129 . The court based upon the parties' filings, #133 and #145 , recognized that the civil conspiracy counterclaim asserted against Joseph E. Kovacic, III remains a viable claim in this case and is not dismissed against him. The court held a case management conference. An appropriate order will be entered. A status conference at the close of fact discovery will take place on 4/16/2018 at 4:30 p.m. Fact discovery is set to close on 4/15/2018. The parties are to meet and confer re: phased discovery and e-discovery protocol. A stipulated ESI order is due on or before 10/18/17. (Court Reporter: Julie Kienzle) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
October 2, 2017 Remark: The hearing scheduled for today at 4:30 p.m. is hereby rescheduled for 3:30 p.m. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
September 29, 2017 Filing 145 RESPONSE to #133 Response to 132 Text-only Order dated 8/15/2107, filed by JOSEPH E. KOVACIC, III. (Felezzola, Marc) Modified on 10/2/2017. (jsp)
September 29, 2017 Set/Reset Hearings: The hearing set for 10/2/17 at 4:30 p.m. is hereby rescheduled for 10/2/17 at 3:00 p.m. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
September 19, 2017 Filing 144 BRIEF in Opposition re #136 Motion to Strike filed by BLACKBEAR ENERGY SERVICES, INC.. (Felezzola, Marc)
September 15, 2017 Filing 143 REPORT of Rule 26(f) Planning Meeting. (Grillo, Mary)
September 11, 2017 Filing 142 ANSWER and Affirmative Defenses to #79 Counterclaim, by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Felezzola, Marc) Modified on 9/13/2017. (jsp)
September 11, 2017 Filing 141 ANSWER and Affirmative Defenses to #79 Counterclaim, by JOSEPH E. KOVACIC, III. (Felezzola, Marc) Modified on 9/13/2017. (jsp)
September 8, 2017 Opinion or Order Filing 140 ORDER granting #138 Motion for Extension of Time to to Respond to Answer, Affirmative Defenses, and Counterclaims to Counterclaims of Black Bear Energy Services, Inc. Response due by 10/16/2017. Signed by Chief Judge Joy Flowers Conti on 9/8/2017. (smc)
September 8, 2017 Opinion or Order Filing 139 ORDER Setting Hearing on Motion #136 MOTION to Strike #129 Counterclaim (Counts I-IV) : Motion Hearing set for 10/2/2017 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 9/8/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
August 29, 2017 Filing 138 MOTION for Extension of Time to File Response/Reply as to #129 Answer to Counterclaim, by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order re Motion for Extension of Time) (Grillo, Mary)
August 29, 2017 Filing 137 BRIEF in Support re #136 Motion to Strike #129 Counterclaim (Counts I-IV) filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary) Modified on 8/30/2017. (jsp)
August 29, 2017 Filing 136 MOTION to Strike #129 Counterclaim (Counts I-IV) by YOUNGSTOWN PIPE & STEEL, LLC. (Attachment: #1 Proposed Order) (Grillo, Mary) Modified on 8/30/2017. (jsp)
August 23, 2017 Filing 135 Errata re #92 Brief in Opposition to Motion, (Exhibit 6 only) by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. Reason for Correction: Revised Exhibit 6 to add language re penalty of perjury. (Felezzola, Marc)
August 23, 2017 Opinion or Order Filing 134 ORDER: On or before 10/1/2017, counterclaim defendant Joseph E. Kovacic, III shall file a response to #133 , which shall not exceed 5 pages. Signed by Chief Judge Joy Flowers Conti on 8/23/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
August 22, 2017 Filing 133 RESPONSE to 132 Text-only entry Order dated 8/15/2017 re Civil Conspiracy Claim (Count VII) Against Joseph E. Kovacic, III filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary) Modified on 8/24/2017. (jsp)
August 15, 2017 Opinion or Order Filing 132 ORDER denying #89 Motion to Disqualify Counsel; denying without prejudice Black Bear Energy Services' Motion to Dismiss Count II for Failure to State a Claim #96 ; denying without prejudice Joseph E. Kovacic's Motion to Dismiss Count III and granting Joseph E Kovacic's Motion to Dismiss Count IV and VII (unless the court's attention is drawn to specific tort claims still standing against defendant); denying without prejudice MarkWest's Motion to Dismiss Counts III, IV, V, VI, VII, VIII, IX, and X and granting MarkWest's Motion to Dismiss Count II. Youngstown Pipe & Steel, LLC must file its amended complaint by 8/22/17. If no amended complaint is filed, answers will be due 9/11/17. If an amended complaint is filed, defendants will be provided with an opportunity to file motions to dismiss with respect to new information or claims previously dismissed without prejudice. Parties are to file their ADR stipulation and the 26(f) report by 9/15/17. The court will hold a scheduling conference on 10/2/17 at 4:30 P.M. in courtroom 5A. granting in part and denying in part[] Motion to Dismiss for Failure to State a Claim; granting in part and denying in part[] Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Joy Flowers Conti on 8/15/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jp)
August 14, 2017 Opinion or Order Filing 131 ORDER re #102 Motion for Reconsideration filed by YOUNGSTOWN PIPE & STEEL, LLC. Signed by Chief Judge Joy Flowers Conti on 8/14/17. (jp)
August 14, 2017 Opinion or Order Filing 130 MEMORANDUM OPINION re #102 MOTION for Reconsideration re #71 Order on Motion to Dismiss/Lack of Prosecution, filed by YOUNGSTOWN PIPE & STEEL, LLC. Signed by Chief Judge Joy Flowers Conti on 8/14/17. (jp)
August 8, 2017 Filing 129 ANSWER and Affirmative Defenses to #79 Counterclaims, and COUNTERCLAIM against YOUNGSTOWN PIPE & STEEL, LLC by BLACKBEAR ENERGY SERVICES, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Felezzola, Marc) Modified on 8/9/2017. (jsp)
August 1, 2017 Motion Hearing set for 8/8/2017 is reset for 8/15/2017 at 11:00 AM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 8/1/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jp)
July 31, 2017 Filing 128 REPLY in Further Support re #102 Motion for Reconsideration filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary) Modified on 8/1/2017. (jsp)
July 26, 2017 Opinion or Order Filing 127 ORDER granting #126 Youngstown Pipe & Steel, LLC d/b/a DNV Energy, LLC's Motion for Leave to File Reply in Further Support of its Motion for Reconsideration of Court Order Dated November 28, 2016. Reply due by 8/1/2017. Signed by Chief Judge Joy Flowers Conti on 7/26/2017. (smc)
July 20, 2017 Filing 126 MOTION for Leave to File Reply in Further Support of Motion for Reconsideration of Dismissal Order by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order, #2 Exhibit (Proposed Reply)) (Grillo, Mary)
July 20, 2017 Filing 125 CERTIFICATE OF SERVICE by YOUNGSTOWN PIPE & STEEL, LLC re #124 Reply in Further Support re #89 Motion to Disqualify Counsel for Counterclaim Defendants. (Grillo, Mary) Modified on 7/21/2017. (jsp)
July 20, 2017 Filing 124 REPLY in Further Support re #89 Motion to Disqualify Counsel for Counterclaim Defendants filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary) Modified on 7/21/2017. (jsp)
July 20, 2017 Filing 123 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 29, 2016 before Judge Joy Flowers Conti. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 7/27/2017. Redaction Request due 8/10/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/18/2017. (rtf)
July 13, 2017 Opinion or Order Filing 122 ORDER re #88 Motion to Reinstate Plaintiff's Complaint re #1 Complaint, filed by BLACKBEAR ENERGY SERVICES, INC. For the reasons set forth in the accompanying memorandum opinion #121 , the motion to reinstate the complaint #88 filed by plaintiff Black Bear Energy Services, Inc. is DENIED. Signed by Chief Judge Joy Flowers Conti on 7/13/17. (jp) Modified on 7/14/2017. (jsp)
July 13, 2017 Filing 121 MEMORANDUM OPINION re #88 MOTION to Reinstate Plaintiff's Complaint re #1 Complaint, filed by BLACKBEAR ENERGY SERVICES, INC. filed by BLACKBEAR ENERGY SERVICES, INC. Signed by Chief Judge Joy Flowers Conti on 7/13/17. (jp)
June 19, 2017 Opinion or Order Filing 120 ORDER granting #117 Motion for Leave to File Reply in Further Support of its Motion to Disqualify Counsel for Counterclaim Defendants. Reply due by 7/25/2017. Signed by Chief Judge Joy Flowers Conti on 6/19/2017. (smc)
June 19, 2017 Opinion or Order Filing 119 ORDER granting #118 Motion to Continue. Motion Hearing set for 7/18/2017 is reset for 8/8/2017 at 04:45 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 6/19/2017. (smc)
June 15, 2017 Filing 118 MOTION to Reschedule Hearing Date by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachment: #1 Proposed Order) (White, David) Modified on 6/16/2017. (jsp)
June 15, 2017 Filing 117 MOTION for Leave to File Reply in Further Support of Motion to Disqualify Counsel for Counterclaim Defendants by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit (Proposed Reply in Support of Motion to Disqualify), #2 Proposed Order re Motion for Leave to File Reply) (Grillo, Mary)
June 15, 2017 Set/Reset Hearings: Motion Hearing set for 7/18/2017 at 4:00 PM is reset for 7/18/2017 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc)
June 13, 2017 Filing 116 BRIEF in Opposition re #100 Motion to Dismiss for Failure to State a Claim, by MarkWest Energy filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
June 13, 2017 Filing 115 RESPONSE IN OPPOSITION to #100 Motion to Dismiss for Failure to State a Claim,, filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order re MarkWest Motion to Dismiss Counterclaims) (Grillo, Mary)
June 13, 2017 Filing 114 BRIEF in Opposition re #98 Motion to Dismiss for Failure to State a Claim by Joseph E. Kovacic, III filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
June 13, 2017 Filing 113 RESPONSE IN OPPOSITION to #98 Motion to Dismiss for Failure to State a Claim, filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order re Kovacic Motion to Dismiss Counterclaims) (Grillo, Mary)
June 13, 2017 Filing 112 BRIEF in Opposition re #96 Motion to Dismiss for Failure to State a Claim by Black Bear Energy Services, Inc. filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
June 13, 2017 Filing 111 RESPONSE IN OPPOSITION to #96 Motion to Dismiss for Failure to State a Claim, filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order re Black Bear Energy Services Motion to Dismiss) (Grillo, Mary)
June 13, 2017 Filing 110 BRIEF in Opposition re #102 Motion for Reconsideration filed by BLACKBEAR ENERGY SERVICES, INC.. (Attachments: #1 Exhibit 1) (White, David)
May 25, 2017 Filing 109 Errata re #101 Brief in Support of Motion, by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. Reason for Correction: correct signature line. (White, David)
May 25, 2017 Filing 108 Errata re #100 Motion to Dismiss for Failure to State a Claim, by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. Reason for Correction: correct signature line. (Attachments: #1 Proposed Order) (White, David)
May 25, 2017 Filing 107 Errata re #99 Brief in Support of Motion by JOSEPH E. KOVACIC, III. Reason for Correction: correct signature line. (White, David)
May 25, 2017 Filing 106 Errata re #98 Motion to Dismiss for Failure to State a Claim by JOSEPH E. KOVACIC, III. Reason for Correction: correct signature line. (Attachments: #1 Proposed Order) (White, David)
May 25, 2017 Filing 105 Errata re #97 Brief in Support of Motion by BLACKBEAR ENERGY SERVICES, INC.. Reason for Correction: correct signature line. (White, David)
May 25, 2017 Filing 104 Errata re #96 Motion to Dismiss for Failure to State a Claim by BLACKBEAR ENERGY SERVICES, INC.. Reason for Correction: correct signature line. (Attachments: #1 Proposed Order) (White, David)
May 25, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #98 Motion to Dismiss for Failure to State a Claim, #96 Motion to Dismiss for Failure to State a Claim, #97 Brief in Support of Motion, #100 Motion to Dismiss for Failure to State a Claim, #101 Brief in Support of Motion, #99 Brief in Support of Motion. ERROR: No typed name with s/. CORRECTION: Attorney advised of signature requirements. Attorney to promptly resubmit documents with s/typed name signature, using Errata event which is located under "Other Documents" in the electronic filing system. Filer should NOT resubmit the corrected motions using the motion event. This message is for informational purposes only. (jsp)
May 23, 2017 Filing 103 BRIEF in Support re #102 Motion for Reconsideration filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachment: #1 Exhibits A-F) (Grillo, Mary) Modified on 5/25/2017. (jsp)
May 23, 2017 Filing 102 MOTION for Reconsideration re #71 Order on Motion to Dismiss/Lack of Prosecution, by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
May 23, 2017 Filing 101 BRIEF in Support re #100 Motion to Dismiss for Failure to State a Claim, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David) See #109 Errata. Modified on 5/25/2017. (jsp)
May 23, 2017 Filing 100 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Proposed Order) (White, David) See #108 Errata. Modified on 5/25/2017. (jsp)
May 23, 2017 Filing 99 BRIEF in Support re #98 Motion to Dismiss for Failure to State a Claim filed by JOSEPH E. KOVACIC, III. (White, David) See #107 Errata. Modified on 5/25/2017. (jsp)
May 23, 2017 Filing 98 Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JOSEPH E. KOVACIC, III. (Attachments: #1 Proposed Order) (White, David) See #106 Errata. Modified on 5/25/2017. (jsp)
May 23, 2017 Filing 97 BRIEF in Support re #96 Motion to Dismiss for Failure to State a Claim filed by BLACKBEAR ENERGY SERVICES, INC.. (Attachments: #1 Proposed Order) (White, David) See #105 Errata. Modified on 5/25/2017. (jsp)
May 23, 2017 Filing 96 Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BLACKBEAR ENERGY SERVICES, INC.. (White, David) See #104 Errata. Modified on 5/25/2017. (jsp)
May 22, 2017 Opinion or Order Filing 95 ORDER Setting Hearing on Motion #89 MOTION to Disqualify Counsel for Counterclaim Defendants, #88 MOTION to Reinstate Plaintiff's Complaint re #1 Complaint, filed by BLACKBEAR ENERGY SERVICES, INC. : Motion Hearing set for 7/18/2017 at 04:00 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 5/22/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
May 19, 2017 Filing 94 BRIEF in Opposition re #88 Motion to Reinstate Complaint filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit (Exhibits A-E)) (Grillo, Mary) Modified on 5/22/2017. (jsp)
May 19, 2017 Filing 93 RESPONSE IN OPPOSITION to #88 Motion to Reinstate Complaint filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachment: #1 Proposed Order) (Grillo, Mary) Modified on 5/22/2017. (jsp)
May 19, 2017 Filing 92 BRIEF in Opposition re #89 Motion to Disqualify Counsel filed by BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (White, David) (See #92 Errata) Modified on 8/25/2017. (jsp)
April 28, 2017 Opinion or Order Filing 91 ORDER Response/Briefing Schedule re #89 Motion to Disqualify Counsel, #88 Motion to Reinstate Plaintiff's Complaint re #1 Complaint. Responses to Motions due by 5/19/2017. Signed by Chief Judge Joy Flowers Conti on 4/28/2017. (smc)
April 24, 2017 Filing 90 BRIEF in Support re #89 Motion to Disqualify Counsel for Counterclaim Defendants filed by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary) Modified on 4/25/2017. (jsp)
April 24, 2017 Filing 89 MOTION to Disqualify Counsel for Counterclaim Defendants by YOUNGSTOWN PIPE & STEEL, LLC. (Attachment: #1 Proposed Order) (Grillo, Mary) Modified on 4/25/2017. (jsp)
April 20, 2017 Filing 88 MOTION to Reinstate Plaintiff's Complaint re #1 Complaint, filed by BLACKBEAR ENERGY SERVICES, INC. by BLACKBEAR ENERGY SERVICES, INC.. (Attachments: #1 Proposed Order) (Felezzola, Marc)
April 20, 2017 Filing 87 NOTICE of Appearance by David E. White on behalf of BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III, MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (White, David)
April 18, 2017 Filing 86 WAIVER OF SERVICE Returned Executed by JOSEPH E. KOVACIC, III. JOSEPH E. KOVACIC, III waiver sent on 3/24/2017, answer due 5/23/2017. (White, David)
April 18, 2017 Filing 85 WAIVER OF SERVICE Returned Executed by BLACKBEAR ENERGY SERVICES, INC.. BLACKBEAR ENERGY SERVICES, INC. waiver sent on 3/24/2017, answer due 5/23/2017. (White, David)
April 10, 2017 Filing 84 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 28, 2017 before Judge Joy Flowers Conti. Court Reporter Deborah Rowe, Telephone number 412-471-2510. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 4/17/2017. Redaction Request due 5/1/2017. Redacted Transcript Deadline set for 5/11/2017. Release of Transcript Restriction set for 7/10/2017. (dsr)
March 27, 2017 Opinion or Order Filing 83 ORDER granting #82 Motion for Extension of Time to Respond. Black Bear Energy Services, Inc.'s response to Youngstown Pipe & Steel LLC d/b/a DNV Energy, LLCs Amended Answer and Counterclaims is due 4/24/2017. Signed by Chief Judge Joy Flowers Conti on 3/27/2017. (smc)
March 23, 2017 Filing 82 MOTION for Extension of Time to File Response as to #79 Counterclaim,by BLACKBEAR ENERGY SERVICES, INC.. (Felezzola, Marc) Modified on 3/24/2017. (jsp)
March 23, 2017 Filing 81 Errata re #80 Notice of Appearance by BLACKBEAR ENERGY SERVICES, INC.. Reason for Correction: Correction - Appearance Entered for Black Bear Energy Services Only. (Felezzola, Marc)
March 23, 2017 Filing 80 NOTICE of Appearance by Marc J. Felezzola on behalf of BLACKBEAR ENERGY SERVICES, INC., JOSEPH E. KOVACIC, III. (Felezzola, Marc) See #81 Errata. Modified on 3/24/2017. (jsp)
March 3, 2017 Filing 79 AMENDED ANSWER to #1 Complaint, Affirmative Defenses, COUNTERCLAIM against BLACKBEAR ENERGY SERVICES, INC., MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC, JOSEPH E. KOVACIC, III by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary) Modified on 3/6/2017. (jsp)
March 1, 2017 Filing 78 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti held on 2/28/2017: The court held a hearing the motion for leave to file an amended answer to add new parties and assert additional counterclaims #72 . The court granted the motion to amend #72 for the reasons set forth on the record. DNV Energy may join additional parties and file its additional counterclaims by 3/3/17. (Court Reporter: Debbie Rowe) Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mc)
February 27, 2017 Opinion or Order Filing 77 ORDER granting #74 Motion for Leave to Participate in Hearing on Defendant's Second Motion for Leave to File Amended Answer. Signed by Chief Judge Joy Flowers Conti on 2/27/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
February 23, 2017 Filing 76 REPLY to #75 Response to Motion, filed by MARKWEST ENERGY PARTNERS, L.P., MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC, MARKWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSATE, LLC, MARKWEST UTICA EMG, LLC, OHIO GATHERING COMPANY, LLC. (Felezzola, Marc)
February 23, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #74 Motion for Leave to Participate in Hearing on Defendant's Second Motion for Leave to File Amended Answer. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed MOTION to Join Non-Parties Joseph E. Kovacic, III and Markwest Energy Partners, L.P., Together With Certain of Its Subsidiaries and Affiliates, as Counterclaim Defendants. This message is for informational purposes only. (jsp)
February 23, 2017 Filing 75 RESPONSE to Motion re #74 MOTION re 73 Order Setting Hearing on Motion for Leave for Non-Pareties to Participate in Hearing filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary)
February 22, 2017 Filing 74 MOTION for Leave to Participate in Hearing on Defendant's Second Motion for Leave to File Amended Answer, Affirmative Defenses and Counterclaims by MARKWEST ENERGY PARTNERS, L.P., OHIO GATHERING COMPANY, LLC, MARKEWEST OPERATING COMPANY, LLC, MARKWEST UTICA EMG CONDENSAE, LLC, MARKWEST UTICA EMG, LLC, MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Felezzola, Marc) Modified on 2/23/2017. (jsp)
February 8, 2017 Opinion or Order Filing 73 ORDER Setting Hearing on Motion #72 Second MOTION for Leave to File Amended Answer to Add New Parties and Assert Additional Counterclaims MOTION for Joinder : Motion Hearing set for 2/28/2017 at 05:00 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. The status conference set for 2/8/2017 is cancelled. Signed by Chief Judge Joy Flowers Conti on 2/8/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
January 24, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #72 Motion for Leave to File,. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Join Non-Parties Joseph E. Kovacic, III and Markwest Energy Partners, L.P Together with Certain of Its Subsidiaries and Affiliates, as Counterclaim Defendants. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief/Memorandum in Support of #72 Motion for Leave to File, Motion to Join Non-Parties. This message is for informational purposes only. (jsp)
January 20, 2017 w/ #72 BRIEF in Support re #72 Motion for Leave to File Amended Answer, Affirmative Defenses and Counterclaims, Motion to Join Non-Parties Joseph E. Kovacic, III and Markwest Energy Partners, L.P Together with Certain of Its Subsidiaries and Affiliates, as Counterclaim Defendants, filed by YOUNGSTOWN PIPE & STEEL, LLC. (jsp) (Document previously filed electronically)
January 20, 2017 Filing 72 Second MOTION for Leave to File Amended Answer to Add New Parties and Assert Additional Counterclaims by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit - Memorandum in Support of Motion, #2 Exhibit - Proposed Amended Answer, #3 Proposed Order) (Grillo, Mary). Added MOTION to Join Non-Parties Joseph E. Kovacic, III and Markwest Energy Partners, L.P Together with Certain of Its Subsidiaries and Affiliates, as Counterclaim Defendants on 1/24/2017 (jsp). . Memorandum re-filed as a separate document.(jsp) Modified on 3/3/2017. (jsp)
January 13, 2017 Set/Reset Hearings: Telephone Status Conference set for 2/8/2017 at 04:30 PM before Chief Judge Joy Flowers Conti. Parties participated in the conference should provide contact information to chambers prior to the conference. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc)
January 11, 2017 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti: Status Conference held on 1/10/2017. Discussed status of case. Counsel for Defendant DNV Energy will be filing a motion to amend its answer as further stated on the record. The court will wait until the motion is filed to decide how to proceed with the case. (Court Reporter: Karen Earley) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (mc)
January 5, 2017 Set Hearings: Telephone Status Conference set for 1/10/2017 at 04:30 PM before Chief Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc)
November 28, 2016 Opinion or Order Filing 71 ORDER granting #68 Motion to Dismiss for Lack of Prosecution. Upon consideration of Defendant Youngstown Pipe & Steel, LLC, d/b/a DNV Energy, LLCs ( "NV Energy" ) Motion to Dismiss Plaintiff Black Bear Energy Services, Inc's ("Black Bear") Claims for Failure to Prosecute and any response thereto, it is hereby ORDERED and DECREED that said Motion is GRANTED. Black Bear's claims against DNV Energy are DISMISSED without prejudice. Signed by Chief Judge Joy Flowers Conti on 11/28/2016. (smc)
November 28, 2016 Opinion or Order Filing 70 ORDER denying #63 Motion for Leave to File Amended Answer, Affirmative Defenses and Counterclaims and to Join Non-Party MarkWest Energy Partners, L.P. as Counterclaim Defendant. The claims against MarkWest are different from the counterclaims against Blackbear and should be brought in a separate action. Signed by Chief Judge Joy Flowers Conti on 11/28/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mc)
November 28, 2016 Opinion or Order Filing 69 ORDER denying #66 Motion for Extension of Time for Plaintiff to Show Cause Why Its Clamis Should Not Be Dismissed. The motion is denied for lack of standing. Signed by Chief Judge Joy Flowers Conti on 11/28/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
November 22, 2016 Filing 68 MOTION to Dismiss for Lack of Prosecution by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order re Motion to Dismiss) (Grillo, Mary)
November 3, 2016 Filing 67 RESPONSE in Opposition to Motion re #66 MOTION to Extend Time to for Plaintiff to Show Cause Why its Claims Should not be Dismissed for Failure to Prosecute filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Grillo, Mary) Modified on 11/4/2016. (jsp)
November 2, 2016 Filing 66 MOTION to Extend Time to for Plaintiff to Show Cause Why its Claims Should not be Dismissed for Failure to Prosecute by MARKWEST ENERGY PARTNERS, L.P.. (Attachments: #1 Proposed Order) (Felezzola, Marc)
November 2, 2016 Opinion or Order Filing 65 ORDER granting #62 Motion for Mary C. Grillo to Appear Pro Hac Vice for Defendant, Youngstown Pipe & Steele, LLC d/b/a DNV Energy, LLC. Signed by Chief Judge Joy Flowers Conti on 11/2/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
November 1, 2016 Filing 64 Proposed Order re #62 Motion to Appear Pro Hac Vice by YOUNGSTOWN PIPE & STEEL, LLC. (Grillo, Mary)
November 1, 2016 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #63 Motion for Leave to File. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed MOTION to Join Non-Party Markwest Energy Partners, L.P. as Counterclaim Defendant. This message is for informational purposes only. (jsp)
November 1, 2016 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #62 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to promptly file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (jsp)
October 31, 2016 Filing 63 MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims and to Join Non-Party Markwest Energy Partners, L.P. as Counterclaim Defendant by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit A to Motion to Amend, #2 Exhibit A to Memo in Support of Motion to Amend, #3 Proposed Order) (Grillo, Mary) Modified on 11/1/2016. (jsp) Added MOTION to Join Non-Party Markwest Energy Partners, L.P. as Counterclaim Defendant on 11/1/2016 (jsp)
October 31, 2016 Filing 62 MOTION for attorney Mary C. Grillo to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4136193) by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Affidavit, #2 Exhibit A to Affidavit) (Grillo, Mary)
October 5, 2016 Opinion or Order Filing 61 ORDER TO SHOW CAUSE. Counsel for Black Bear Energy Services, Inc. ("Plaintiff") was granted leave to withdraw their appearance on September 27, 2016. Therefore, because Plaintiff is a company and cannot proceed pro se they must obtain counsel. IT IS HEREBY ORDERED that if counsel for Plaintiff does not enter an appearance on or before November 2, 2016, plaintiff shall show cause on or before that date why this case should not be dismissed for plaintiff's failure to prosecute. IT IS FURTHER ORDERED that failure to file a response showing cause on or before November 2, 2016, will be construed by the Court as plaintiff's consent to the dismissal of this action for failure to prosecute. Show Cause Response due by 11/2/2016. Signed by Chief Judge Joy Flowers Conti on 10/5/2016. (smc)
October 3, 2016 Filing 60 NOTICE of Withdrawal of Appearance by BLACKBEAR ENERGY SERVICES, INC. (Pulito, Brian)
September 30, 2016 Opinion or Order Filing 59 ORDER granting #56 Motion to Withdraw as Attorney. Attorney Brian J. Pulito terminated. Signed by Chief Judge Joy Flowers Conti on 9/30/2016. (smc)
September 27, 2016 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti: Status Conference held on 9/27/2016. The court granted #56 Motion to Withdraw. Court will issue a rule to show cause. Plaintiff will have 30 days to respond or claims will be dismissed for lack of prosecution as further stated on the record. (Court Reporter: K. Earley) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (smc)
September 26, 2016 Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 7, 2016 before Judge Joy Flowers Conti. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 10/3/2016. Redaction Request due 10/17/2016. Redacted Transcript Deadline set for 10/27/2016. Release of Transcript Restriction set for 12/27/2016. (rtf)
September 21, 2016 Set/Reset Hearings: Status Conference/Motion Hearing set for 9/27/2016 at 11:00 AM in Courtroom 5A before Chief Judge Joy Flowers Conti. The status conferences/hearings set for 9/28/2016 and 10/6/2016 are cancelled. (smc)
September 21, 2016 Opinion or Order Filing 57 ORDER Setting Hearing on Motion #56 MOTION of Brian J. Polito and Adam S. Ennis to Withdraw as Attorney : Motion Hearing set for 10/6/2016 at 02:00 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 9/21/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
September 19, 2016 Filing 56 MOTION of Brian J. Polito and Adam S. Ennis to Withdraw as Attorney by BLACKBEAR ENERGY SERVICES, INC. (Attachment: #1 Proposed Order) (Pulito, Brian) Modified on 9/20/2016. (jsp)
September 19, 2016 Opinion or Order Filing 55 ORDER granting #53 Motion for Extension of Time to Complete Discovery. An in-person Status Conference set for 9/28/2016 at 11:45 AM in Courtroom 5A before Chief Judge Joy Flowers Conti. The expert discovery deadlines shall be extended by 45 days with the first day of that extension to commence the day after the above referenced status conference. Signed by Chief Judge Joy Flowers Conti on 9/19/2016. (smc)
September 19, 2016 Filing 54 NOTICE of Appearance by J. Julius Bolock on behalf of YOUNGSTOWN PIPE & STEEL, LLC. (Bolock, J.)
September 16, 2016 Filing 53 MOTION to Extend Expert Discovery Deadlines and Schedule Status Conference by YOUNGSTOWN PIPE & STEEL, LLC. (Attachment: #1 Proposed Order) (Quinn, John) Modified on 9/19/2016. (jsp)
June 29, 2016 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti: Status Conference held on 6/29/2016. Discussed status of case. Counsel for Plaintiff will be filing a motion to withdraw as further stated on the record. The court will schedule a hearing on the motion. (Court Reporter: R. Ford) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (smc)
June 28, 2016 Set/Reset Hearings: Telephone Status Conference set for 6/29/2016 at 1:45 PM is reset for 6/29/2016 at 12:00 PM before Chief Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc)
June 24, 2016 Set/Reset Hearings: Telephone Status Conference set for 6/29/2016 at 01:45 PM before Chief Judge Joy Flowers Conti. Parties should provide contact information to chambers prior to the conference. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc)
June 20, 2016 Filing 52 NOTICE of Appearance by John E. Quinn on behalf of YOUNGSTOWN PIPE & STEEL, LLC. (Quinn, John)
June 10, 2016 Opinion or Order Filing 51 ORDER granting #50 Motion for Withdrawal of Appearance and Substitution of Counsel. Attorney Jaclyn E. Faulds and Roy E. Leonard terminated; IT IS FURTHER ORDERED that John E. Quinn shall enter his appearance in this action within five (5) days from the entry of this Order. Signed by Chief Judge Joy Flowers Conti on 6/10/2016. (smc)
June 9, 2016 Filing 50 MOTION to Substitute Attorney by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Leonard, Roy). Added MOTION to Withdraw Appeaerance on 6/10/2016 (jsp).
May 2, 2016 Minute Entry for motion hearing held before Chief Judge Joy Flowers Conti re: motion to quash #42 and motion to compel #41 . The court heard from the parties, and as set forth in detail on the record granted in part and denied in part each of the motions #41 and #42 . (Court Reporter: Richard Ford) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
April 22, 2016 Remark: The parties are reminded that they must provide the court a courtesy copy of any filing exceeding 25 pages. See #11 . Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kjm)
April 18, 2016 Filing 49 BRIEF in Opposition re #42 Motion to Quash Subpoenas Served Upon Nonparty MarkWest Energy Partners filed by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Proposed Order) (Leonard, Roy)
April 8, 2016 Filing 48 NOTICE of Appearance by David E. White on behalf of MARKWEST ENERGY PARTNERS, L.P.. (White, David)
April 8, 2016 Filing 47 Notice of Early Neutral Evaluation by THOMAS T. FRAMPTON. Early Neutral Evaluation Date June 2, 2016 at 9:30am (Frampton, Thomas)
April 7, 2016 Set/Reset Hearings: Motion Hearing set for 4/20/2016 is reset for 5/2/2016 at 03:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc)
April 7, 2016 Filing 46 REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 4/7/2016. (Frampton, Thomas)
April 5, 2016 Opinion or Order Filing 45 ORDER Setting Hearing on Motion #42 MOTION to Quash Subpoenas Served by Defendant, #41 MOTION to Compel Non-Party MarkWest Energy Partners, L.P. to Produce Documents and to Attend and Testify at a Deposition Pursuant to Subpoenas Issued Under Fed.R.Civ.P. 45 : Motion Hearing set for 4/20/2016 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. The status conference set for 4/11/2016 is cancelled. Signed by Chief Judge Joy Flowers Conti on 4/5/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
April 5, 2016 Filing 44 Proposed Order re #42 Motion to Quash by MARKWEST ENERGY PARTNERS, L.P.. (Felezzola, Marc)
April 4, 2016 Filing 43 BRIEF in Support re #42 Motion to Quash Subpoenas served by Defendant filed by MARKWEST ENERGY PARTNERS, L.P. (Felezzola, Marc) Modified on 4/5/2016. (jsp)
April 4, 2016 Filing 42 MOTION to Quash Subpoenas Served by Defendant by MarkWest Energy Partners, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Felezzola, Marc)
April 4, 2016 Filing 41 MOTION to Compel Non-Party MarkWest Energy Partners, L.P. to Produce Documents and to Attend and Testify at a Deposition Pursuant to Subpoenas Issued Under Fed.R.Civ.P. 45 by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order) (Leonard, Roy)
March 11, 2016 Filing 40 Notice of Mediation by THOMAS T. FRAMPTON. Mediation Date Thursday, April 7, 2016 at 9:30 a.m. (Frampton, Thomas)
March 7, 2016 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti: The court held a status conference and discussed mediation with the parties. The parties will go to mediation with Judge Frampton in early April 2016. The court will hold a telephonic status conference on 4/11/16 at 11:00 a.m. to discussed the status of the case and the outstanding depositions counsel referred to during the hearing. The parties shall provide chambers with a telephone number for the call, which the court will initiate. (Court Reporter: Richard Ford) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
March 7, 2016 Filing 39 NOTICE of Appearance by Jaclyn E. Faulds on behalf of YOUNGSTOWN PIPE & STEEL, LLC. (Faulds, Jaclyn)
February 22, 2016 Opinion or Order Filing 38 ORDER granting #37 Motion to Continue Status Conference set for 2/23/2016 is reset for 3/7/2016 at 03:00 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 2/22/2016. (smc)
February 19, 2016 Filing 37 MOTION to Continue In-Person Status Conference by BLACKBEAR ENERGY SERVICES, INC.. (Attachments: #1 Proposed Order) (Pulito, Brian)
February 19, 2016 Opinion or Order Filing 36 ORDER granting #35 Motion to Withdraw as Attorney. Attorney Justin T. Barron and John R. O'Keefe, Jr terminated. Roy E. Leonard added for defendant. Signed by Chief Judge Joy Flowers Conti on 2/19/2016. (smc)
February 19, 2016 Filing 35 MOTION to Withdraw as Attorney and Substitution of Counsel by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Service) (O'Keefe, John)
February 18, 2016 Filing 34 NOTICE of Appearance by Roy E. Leonard on behalf of YOUNGSTOWN PIPE & STEEL, LLC. (Leonard, Roy)
February 18, 2016 Opinion or Order Filing 33 ORDER granting #32 Motion to Extend Expert Discovery Deadlines and Schedule Status Conference. An in-person Status Conference set for 2/23/2016 at 02:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Representatives of each party with settlement authority are required to attend the status conference in-person. The expert discovery deadlines shall be extended by 60-days with the first day of that extension to commence the day after the above referenced status conference. Signed by Chief Judge Joy Flowers Conti on 2/18/2016. (smc)
February 17, 2016 Filing 32 MOTION to Extend Expert Discovery Deadline, and MOTION to Schedule Status Conference by BLACKBEAR ENERGY SERVICES, INC. (Attachments: #1 Proposed Order) (Pulito, Brian) Modified on 2/18/2016. (jsp)
January 20, 2016 Opinion or Order Filing 31 ORDER granting #30 Motion to Extend Time for Expert Discovery Deadlines. Merit Expert Report by Plaintiff and Damages Expert Report by Defendant shall be due on or before 3/8/2016. Merit Expert Report by Defendant and Damages Expert Report by Plaintiff shall be due on or before 4/8/2016. All supplements to any Expert Report shall be due on or before 4/22/2016. Depositions of any expert of an opposing party shall be concluded on or before 5/23/2016. The parties shall file motions to challenge the qualifications of any proposed expert witness and/or the substance of such expert's testimony on or before 6/6/2016. Responses to the motions to challenge the qualifications and/or substance of any proposed expert shall be filed on or before 6/18/2016. Daubert Hearing set for 6/29/2016 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 1/20/2016. (smc)
January 12, 2016 Filing 30 Joint MOTION to Extend Expert Discovery Deadlines by BLACKBEAR ENERGY SERVICES, INC. (Attachment: #1 Proposed Order) (Pulito, Brian) Modified on 1/13/2016. (jsp)
November 17, 2015 Opinion or Order Filing 29 CASE MANAGEMENT ORDER: Merit Expert Report by Plaintiff and Damages Expert Report by Defendant shall be due by 1/8/2016. Merit Expert Report by Defendant and Damages Expert Report by Plaintiff shall be due by 2/8/2016. All supplements to any Expert Report shall be due 2/22/2016. Expert Depositions to be completed by 3/23/2016. Motions to challenge the qualifications of any proposed expert witness and/or the substance of such expert's testimony due by 4/6/2016. Response to Motions due by 4/18/2016. Presumptive Hearing Date on challenges of the qualifications of any expert or substance of the experts testimony set for 5/3/2016 at 04:30 PM before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 11/16/2015. (smc)
November 16, 2015 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti: The court held a hearing at the close of fact discovery. The court set dates for expert discovery. A Daubert hearing will be held, if necessary, on 5/3/16 at 4:30 p.m. A case management order will be entered. (Court Reporter: Richard Ford) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm)
November 5, 2015 Set/Reset Hearings: Status Conference set for 11/16/2015 at 4:30 PM is reset for 11/16/2015 at 03:00 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc)
October 8, 2015 Opinion or Order Filing 28 ORDER granting #26 Motion for Eric B. Levasseur to Appear Pro Hac Vice on behalf of third-party deponents Schweizer Dipple, Inc. and Peter A. McGrogan. Signed by Chief Judge Joy Flowers Conti on 10/8/2015. (smc)
October 8, 2015 Opinion or Order Filing 27 ORDER granting #24 Motion for Extension of Time to Complete Discovery. Discovery due by 11/13/2015. Status Conference set for 10/14/2015 is reset for 11/16/2015 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 10/8/2015. (smc)
October 7, 2015 Filing 26 Unopposed MOTION by Eric B. Levasseur to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3732809) by PETER A. MCGROGAN. (Attachments: #1 Affidavit, #2 Proposed Order) (Levasseur, Eric) Modified on 10/7/2015. (jsp)
October 1, 2015 Filing 25 Errata re #24 Joint Motion to Extend Case Management Discovery Deadline by BLACKBEAR ENERGY SERVICES, INC.. Reason for Correction: Joint Motion. (Attachments: #1 Proposed Order) (Pulito, Brian) Modified on 10/2/2015. (jsp)
October 1, 2015 Filing 24 MOTION to Extend Case Management Discovery Deadline by BLACKBEAR ENERGY SERVICES, INC.. (Attachment: #1 Proposed Order) (Pulito, Brian) Modified on 10/2/2015. (jsp)
July 14, 2015 Filing 23 REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 7/14/2015. (Frampton, Thomas)
July 13, 2015 Opinion or Order Filing 22 ORDER granting #21 Motion to Withdraw #19 MOTION to Compel Plaintiff's Initial Disclosures. Defendant's #19 Motion to Compel is hereby DENIED AS MOOT. Signed by Chief Judge Joy Flowers Conti on 7/13/2015. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
July 10, 2015 Filing 21 MOTION to Withdraw #20 Brief in Support of Motion, #19 MOTION to Compel Plaintiff's Initial Disclosures by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Proposed Order) (Barron, Justin)
July 1, 2015 Filing 20 BRIEF in Support re #19 Motion to Compel filed by YOUNGSTOWN PIPE & STEEL, LLC. (Barron, Justin)
July 1, 2015 Filing 19 MOTION to Compel Plaintiff's Initial Disclosures by YOUNGSTOWN PIPE & STEEL, LLC. (Attachments: #1 Exhibit A - Certificate of Good Faith Conference, #2 Proposed Order) (Barron, Justin)
June 15, 2015 Filing 18 Notice of Mediation by THOMAS T. FRAMPTON. Mediation Date July 14, 2015 at 9:30 a.m. (Frampton, Thomas)
May 18, 2015 Filing 17 Notice of Mediation by THOMAS T. FRAMPTON. Mediation Date June 10, 2015 at 9:30 a.m. (Frampton, Thomas)
May 8, 2015 Opinion or Order Filing 16 ORDER REFERRING CASE to Mediation. Thomas Frampton is appointed as mediator. Party THOMAS T. FRAMPTON added. Signed by Chief Judge Joy Flowers Conti on 5/8/2015. (smc )
May 8, 2015 Opinion or Order Filing 15 CASE MANAGEMENT ORDER: Amended Pleadings / Joinder of Parties due by 6/30/2015 Discovery due by 10/13/2015. Status Conference set for 10/14/2015 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 5/8/2015. (smc )
May 4, 2015 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti: Case Management Conference held on 5/4/2015. Discussed ADR and discovery. Orders to follow. (Court Reporter: D. Rowe) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (smc )
May 1, 2015 Set/Reset Hearings: Status Conference set for 5/4/2015 at 4:30 PM is reset for 5/4/2015 at 03:45 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc )
April 9, 2015 Set/Reset Hearings: Status Conference set for 4/15/2015 is reset for 5/4/2015 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc )
April 7, 2015 Filing 14 REPORT of Rule 26(f) Planning Meeting. (Barron, Justin)
March 18, 2015 Filing 13 ANSWER and Affirmative Defenses to #9 Counterclaim by BLACKBEAR ENERGY SERVICES, INC.. (Pulito, Brian) Modified on 3/19/2015. (jsp)
March 3, 2015 Opinion or Order Filing 12 INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 4/7/2015. Case Management set for 4/15/2015 at 10:00 AM in Courtroom 5A before Chief Judge Joy Flowers Conti. All counsel and unrepresented parties shall bring their calendars to the conference for scheduling purposes. The parties should be prepared to discuss settlement, the designation of an Alternative Dispute Resolution process and any other matter that will contribute to the prompt disposition of the case. The parties shall be prepared to address and argue all pending motions at the scheduling conference. Any party filing a motion prior to the scheduling conference to which a response is required but not filed shall file a motion for a continuance of the scheduling conference until the response is due. Signed by Chief Judge Joy Flowers Conti on 3/3/2015. (smc )
March 3, 2015 Opinion or Order Filing 11 ORDER ON MOTION PRACTICE. Signed by Chief Judge Joy Flowers Conti on 3/3/2015. (smc )
February 25, 2015 Filing 10 Disclosure Statement identifying None as corporate parent or other affiliate, by YOUNGSTOWN PIPE & STEEL, LLC. (Barron, Justin)
February 25, 2015 Filing 9 ANSWER, Affirmative Defenses to #1 Complaint, COUNTERCLAIM against BLACKBEAR ENERGY SERVICES, INC. by YOUNGSTOWN PIPE & STEEL, LLC. (Barron, Justin) Modified on 2/26/2015. (jsp) Modified text on 6/11/2019. (cel)
February 2, 2015 Filing 8 NOTICE of Appearance by John R. O'Keefe, Jr on behalf of YOUNGSTOWN PIPE & STEEL, LLC. (O'Keefe, John)
February 2, 2015 Filing 7 Stipulation for Extension of Time to Answer by YOUNGSTOWN PIPE & STEEL, LLC Answer due from YOUNGSTOWN PIPE & STEEL, LLC on 2/25/2015. (Barron, Justin)
February 2, 2015 Filing 6 NOTICE of Appearance by Justin T. Barron on behalf of YOUNGSTOWN PIPE & STEEL, LLC. (Barron, Justin)
January 29, 2015 Filing 5 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (smc )
January 15, 2015 Filing 4 SUMMONS/Return of Service Returned Executed by BLACKBEAR ENERGY SERVICES, INC.. YOUNGSTOWN PIPE & STEEL, LLC served on 1/14/2015, answer due 2/4/2015. (Pulito, Brian)
January 14, 2015 Filing 3 NOTICE of Appearance by Adam S. Ennis on behalf of BLACKBEAR ENERGY SERVICES, INC.. (Ennis, Adam)
January 13, 2015 Summons Issued as to *YOUNGSTOWN PIPE & STEEL, LLC* (jsp)
January 13, 2015 Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by BLACKBEAR ENERGY SERVICES, INC.. (jsp)
January 13, 2015 Filing 1 COMPLAINT against YOUNGSTOWN PIPE & STEEL, LLC (Filing fee, including Administrative fee, $400, receipt number 0315-3448693), filed by BLACKBEAR ENERGY SERVICES, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Summons) (jsp)

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Search for this case: BLACKBEAR ENERGY SERVICES, INC. v. YOUNGSTOWN PIPE & STEEL, LLC
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Plaintiff: BLACKBEAR ENERGY SERVICES, INC.
Represented By: Marc J. Felezzola
Represented By: David E. White
Represented By: Brian J. Pulito
Represented By: Adam S. Ennis
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Defendant: YOUNGSTOWN PIPE & STEEL, LLC
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Defendant: YOUNGSTOWN PIPE & STEEL, LLC doing business as DNV ENERGY, LLC
Represented By: John R. O'Keefe, Jr.
Represented By: Jaclyn E. Faulds
Represented By: Mary C. Grillo
Represented By: Justin T. Barron
Represented By: Eric J Schreiner
Represented By: J.Julius Bolock
Represented By: Steven Jay Engelmyer
Represented By: John E. Quinn
Represented By: Roy E. Leonard
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Counter defendant: MARKWEST ENERGY PARTNERS, L.P.
Represented By: Marc J. Felezzola
Represented By: David E. White
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Counter defendant: OHIO GATHERING COMPANY, LLC
Represented By: Marc J. Felezzola
Represented By: David E. White
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Counter defendant: JOSEPH E. KOVACIC, III
Represented By: Marc J. Felezzola
Represented By: David E. White
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Counter defendant: MARKWEST OPERATING COMPANY, LLC
Represented By: Marc J. Felezzola
Represented By: David E. White
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Counter defendant: MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC
Represented By: Marc J. Felezzola
Represented By: David E. White
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Counter defendant: MARKWEST UTICA EMG CONDENSATE, LLC
Represented By: Marc J. Felezzola
Represented By: David E. White
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Counter defendant: MARKWEST UTICA EMG, LLC
Represented By: Marc J. Felezzola
Represented By: David E. White
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Special master: PATRICIA L. DODGE
Represented By: Patricia L. Dodge
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