SALVATORA et al v. XTO ENERGY INC.
Plaintiff: BONITA A. LANG, HEASLEY'S NURSERIES, INC., ROGER A. SALVATORA, RODNEY L. LANG, SANDRA E. SALVATORA and D&M MARBURGER FAMILY ENTERPRISES, L.P.
Defendant: XTO ENERGY INC.
Case Number: 2:2019cv01097
Filed: August 29, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Cynthia Reed Eddy
Referring Judge: William S Stickman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2023 Opinion or Order Filing 169 ORDER OF RECUSAL. I was associated with defense counsel at my prior law firm (K&L Gates LLP). That alone, is not a basis for recusal. However, given that this case is related to a 2015 case, there may be some overlap in the time where defense counsel handled aspects of this case and the time where I was associated with that firm. That might trigger mandatory recusal, depending on the circumstances of the prior related case. See 28 U.S.C. 455(b)(2). So, considering both these issues together, and out of an abundance of caution, I recuse. I respectfully request that the Clerk of Court re-assign this matter to another district judge. Signed by Judge J. Nicholas Ranjan on 6/5/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
June 5, 2023 Judge William S. Stickman presiding. (ctb)
June 2, 2023 Opinion or Order Filing 168 REPORT AND RECOMMENDATION re #91 MOTION Daubert Motion to Exclude Testimony of John McArthur filed by XTO ENERGY INC., #92 MOTION Daubert Motion to Exclude Testimony of Barry Pulliam filed by XTO ENERGY INC., #121 MOTION to Strike Exhibits in Support, Declaration of Kris L. Terry filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, #86 Amended MOTION to Certify Class filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, #117 MOTION to Strike Exhibits in Support, Declaration of Stephen L. Becker filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, #159 MOTION to Approve Confidential Designation re Order on Motion for Protective Order filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, #119 MOTION to Strike Exhibits in Support, Declaration of Angela Paslay filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG. It is respectfully recommended as follows: 1. Plaintiffs' Motion for Class Certification (ECF No. 86) be granted in part pursuant to Rule 23(b)(3) and denied in part as to Rule 23(b)(2); 2. XTO's Motion to Exclude Expert Testimony of John McArthur (ECF No. 91) be granted in part and denied in part; 3. XTO's Motion to Exclude Expert Testimony of Barry Pulliam (ECF No. 92) be denied; 4. Plaintiffs' Motions to Strike the Declarations of Stephen L. Becker (ECF No. 117), Angela Paslay (ECF No. 119), and Kris L. Terry (ECF No. 121) be denied; 5. Plaintiffs' Motion to Approve Confidential Designation (ECF No. 159) be granted. It is further recommended that Plaintiffs Roger A. Salvatora, Sandra E. Salvatora, D&M Marburger Family Enterprises, L.P., Heasley's Nurseries, Inc., and Rodney L. Lang and Bonita A. Lang be appointed as Class Representatives for Count II of the Third Amended Complaint; that Rodney L. Lang and Bonita A. Lang be appointed a Class Representative for Count III of the Third Amended Complaint; and that David A. Borkovic and Jones, Gregg, Creehan & Gerace LLP are appointed as class counsel. Objections to R&R due by 6/16/2023. Signed by Magistrate Judge Cynthia Reed Eddy on 6/2/23. (slh)
March 20, 2023 Filing 167 REPLY to Response to Motion re #165 to Approve Confidential Designation filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
March 13, 2023 Opinion or Order Filing 166 TEXT ORDER re #165 Response to Motion filed by XTO ENERGY INC.: Plaintiffs' Reply to Defendant's Response #165 is due by 3/20/2023. Signed by Magistrate Judge Cynthia Reed Eddy on 3/13/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (slh)
March 10, 2023 Filing 165 RESPONSE to Motion re #159 MOTION to Approve Confidential Designation re #27 Order on Motion for Protective Order filed by XTO ENERGY INC. (Tiblets, Elizabeth)
March 7, 2023 Filing 164 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Class Certification, Volume 2, held on February 10, 2023 before Judge Magistrate Cynthia Reed Eddy. Court Reporter Veronica Trettel, Telephone number 412-426-5428. Tape Number: vrtcourtreporter@gmail.com. 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 3/14/2023. Redaction Request due 3/28/2023. Redacted Transcript Deadline set for 4/7/2023. Release of Transcript Restriction set for 6/5/2023. (vrt)
March 7, 2023 Filing 163 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Class Certification Volume 1, held on February 9, 2023 before Judge Magistrate Cynthia Reed Eddy. Court Reporter Veronica Trettel, Telephone number 412-426-5428. Tape Number: vrtcourtreporter@gmail.com. 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 3/14/2023. Redaction Request due 3/28/2023. Redacted Transcript Deadline set for 4/7/2023. Release of Transcript Restriction set for 6/5/2023. (vrt)
March 3, 2023 Filing 162 DECLARATION of David A. Borkovic - March 3, 2023 by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A) (Borkovic, David)
March 2, 2023 Opinion or Order Filing 161 ORDER re #159 MOTION to Approve Confidential Designation re 27 Order on Motion for Protective Order by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. IT IS HEREBY ORDERED that Defendant shall file a response to Plaintiffs' Motion on or before 3/10/2023. Signed by Magistrate Judge Cynthia Reed Eddy on 3/2/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
March 1, 2023 Filing 160 BRIEF in Support re #159 Motion for to Approve Confidential Designation filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
March 1, 2023 Filing 159 MOTION to Approve Confidential Designation re #27 Order on Motion for Protective Order by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Borkovic, David)
February 15, 2023 Filing 158 EXHIBITS Defendant's demonstratives presented at Class Certification Hearing held February 9-10, 2023 in Support of #94 Response to Motion, by XTO ENERGY INC. (Attachments: #1 Exhibit Donald Cathcart, #2 Exhibit Stephen Becker, #3 Exhibit LuAnn Sharp, #4 Exhibit Kris Terry, #5 Exhibit Angela Paslay, #6 Exhibit Closing Argument) (Tiblets, Elizabeth)
February 10, 2023 Filing 157 Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Class Certification Evidentiary Hearing and Oral Argument held on 2/9/2023 and 2/10/2023, as more fully set forth in the attached entry. (Court Reporter: Veronica Trettel) (cmc)
February 8, 2023 Opinion or Order Filing 156 SECOND AMENDED ORDER ON PERSONAL ELECTRONIC DEVICES for use at Class-Certification Hearing. Signed by Magistrate Judge Cynthia Reed Eddy on 2/8/2023. (cmc)
February 7, 2023 Filing 155 NOTICE TO PARTIES: To the extent the parties wish to utilize sealed documents at the hearing, the parties are on notice that the Court will not support its findings on class certification with documents filed under seal, as doing so would be against the publics right of access to the courts. Signed by Magistrate Judge Cynthia Reed Eddy on 2/7/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mrm)
February 3, 2023 Filing 154 OBJECTIONS to Submissions of Plaintiffs In Support of Motion re #87 and Amended Motion re #86 to Certify Class Action by XTO ENERGY INC. (Attachments: #1 Exhibit 1) (Tiblets, Elizabeth) Modified text on 2/6/2023 to add document linkage. (jma)
February 3, 2023 Opinion or Order Filing 153 AMENDED ORDER ON PERSONAL ELECTRONIC DEVICES for use at Class-Certification Hearing. Signed by Magistrate Judge Cynthia Reed Eddy on 2/3/2023. (cmc)
February 3, 2023 Opinion or Order Filing 152 ORDER ON PERSONAL ELECTRONIC DEVICES for use at Class-Certification Hearing. Signed by Magistrate Judge Cynthia Reed Eddy on 2/3/2023. (cmc)
November 10, 2022 Opinion or Order Filing 151 TEXT ORDER: At the request of the parties, the class certification evidentiary hearing is rescheduled for 2/9/2023 at 09:30 AM in Courtroom 10A before Magistrate Judge Cynthia Reed Eddy. Oral Argument on the motion is rescheduled for 2/10/2023 at 09:30 AM in Courtroom 10A before Magistrate Judge Cynthia Reed Eddy. The motion is held in abeyance pending the completion of the class certification hearing and oral argument on the motion. Signed by Magistrate Judge Cynthia Reed Eddy on 11/10/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
September 28, 2022 Filing 150 TEXT ORDER: The class certification evidentiary hearing is tentatively rescheduled for 12/6/2022 at 09:30 AM in Courtroom 10A before Chief Magistrate Judge Cynthia Reed Eddy. Oral Argument on the motion is rescheduled for 12/7/2022 at 09:30 AM in Courtroom 10A before Chief Magistrate Judge Cynthia Reed Eddy. The motion is held in abeyance pending the completion of the class certification hearing and oral argument on the motion. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/28/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
September 23, 2022 Filing 149 DECLARATION of David A. Borkovic - September 23, 2022 by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A) (Borkovic, David)
September 22, 2022 Filing 148 TEXT ORDER: Oral Argument on the Motion for Class Certification set for 10/3/2022 at 10:00 AM in Courtroom 10A before Chief Magistrate Judge Cynthia Reed Eddy. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/22/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
September 22, 2022 Filing 147 TEXT ORDER: XTO's request to allow LuAnn Sharp to testify via video at the class certification hearing is granted. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/22/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
September 22, 2022 Filing 146 TEXT ORDER: The class certification hearing scheduled for 9/28/2022 will now be held from 9:30 AM to 3:30 PM on that same date in Courtroom 10A before Chief Magistrate Judge Cynthia Reed Eddy. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/22/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
September 16, 2022 Filing 145 SEALED EXHIBIT in support of Defendant's List of Exhibits Filed UnderSeal by XTO ENERGY INC. pursuant to #142 Order on Motion for Leave to File Documents Under Seal,,. (Attachments: #1 Exhibit Doc 139-2, #2 Exhibit Doc 139-3, #3 Exhibit Doc 139-14, #4 Exhibit Doc 139-15) (Tiblets, Elizabeth)
September 7, 2022 Filing 144 SEALED EXHIBIT in support of Declaration of David A. Borkovic by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA pursuant to #141 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit Cathcart 8, #2 Exhibit Cathcart 9, #3 Exhibit Cathcart 10, #4 Exhibit Cathcart 11, #5 Exhibit Cathcart 13, #6 Exhibit Cathcart 17, #7 Exhibit Cathcart 23, #8 Exhibit Cathcart 24) (Borkovic, David)
September 7, 2022 Filing 143 REDACTED DOCUMENT FILED pursuant to #141 Order on Motion for Leave to File Documents Under Seal,, by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit Cathcart 8, #2 Exhibit Cathcart 9, #3 Exhibit Cathcart 10, #4 Exhibit Cathcart 11, #5 Exhibit Cathcart 13, #6 Exhibit Cathcart 17, #7 Exhibit Cathcart 23, #8 Exhibit Cathcart 24) (Borkovic, David) Modified on 9/7/2022 (jd).
September 6, 2022 Opinion or Order Filing 142 ORDER granting #140 MOTION for Leave to File Documents Under Seal. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/6/2022. (ajs)
September 6, 2022 Opinion or Order Filing 141 ORDER granting #137 MOTION for Leave to File Documents Under Seal. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/6/2022. (ajs)
September 1, 2022 Filing 140 MOTION for Leave to File Documents Under Seal by XTO ENERGY INC. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Tiblets, Elizabeth)
September 1, 2022 Filing 139 EXHIBITS for Class Certification Hearing in Support re #86 Amended MOTION to Certify Class by XTO ENERGY INC. (Attachments: #1 Exhibit 1 Dec of ELT, #2 Exhibit 2 Proposals Comparison, #3 Exhibit 3 Proposals Comparison, #4 Exhibit 4 Butler Co. plants and projects, #5 Exhibit 5 Salvatora wells and facilities, #6 Exhibit 6 Butler County Jan 2012, #7 Exhibit 7 Butler County Jan 2013, #8 Exhibit 8 Butler County Jan 2014, #9 Exhibit 9 Butler County Jan 2015, #10 Exhibit 10 Butler County Jan 2016, #11 Exhibit 11 Butler County Jan 2017, #12 Exhibit 12 Butler County Jan 2018, #13 Exhibit 13 Butler County Jan 2021, #14 Exhibit 14 Marburger register (red), #15 Exhibit 15 Check detail excerpt (red)) (Tiblets, Elizabeth) Modified on 9/2/2022 to add document linkage. (kss)
September 1, 2022 Filing 138 DECLARATION of David A. Borkovic re Proffers by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Borkovic, David)
September 1, 2022 Filing 137 MOTION for Leave to File Documents Under Seal by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Borkovic, David)
September 1, 2022 Filing 136 DECLARATION of David A. Borkovic - September 1, 2022 by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Borkovic, David)
August 31, 2022 Filing 135 DECLARATION of David A. Borkovic - August 31, 2022 by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP) (Borkovic, David)
June 14, 2022 Filing 134 REPLY BRIEF re #91 MOTION Daubert Motion to Exclude Testimony of John McArthur Motion to Exclude Testimony of John McArthur filed by XTO ENERGY INC.. (Tiblets, Elizabeth) Modified on 6/15/2022 (ijh).
June 14, 2022 Filing 133 REPLY BRIEF re #92 MOTION Daubert Motion to Exclude Testimony of Barry Pulliam Motion to Exclude Testimony of Barry Pulliam filed by XTO ENERGY INC.. (Tiblets, Elizabeth) Modified on 6/15/2022 (ijh).
June 1, 2022 Opinion or Order Filing 132 ORDER : A Hearing on Plaintiff's Motion to Certify Class is set for 9/28/2022, to begin at 10:30 AM and conclude no later than 4:30 PM, in Courtroom 10A before Chief Magistrate Judge Cynthia Reed Eddy. To the extent the parties intend to present live testimony, counsel shall exchange witness lists and include a proffer of each witness by 9/1/2022, and shall file the list and proffer on the docket by that same date. To the extent the parties intend to use exhibits not of record, said exhibits shall be identified and exchanged by 9/1/2022, and counsel shall file the exhibit list and corresponding exhibits on the docket by that same date. The parties need not identify those documents already of record and shall refer to all exhibits with the electronic filing number of record at the hearing. This case shall remain administratively closed until September 28, 2022. This closure does not impact the parties' ability to submit filings for the Court's consideration and is for administrative purposes only. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 6/1/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
May 31, 2022 Filing 131 BRIEF in Opposition re #92 MOTION Daubert Motion to Exclude Testimony of Barry Pulliam of David A. Borkovic to Defendant's Daubert Motion to Exclude Testimoney of Barry Pulliam filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David) Modified on 6/1/2022 (ijh).
May 31, 2022 Filing 130 RESPONSE IN OPPOSITION to Defendant's Daubert Motion to Exclude Testimoney of Barry Pulliam to #93 Brief in Support of Motion, #92 MOTION Daubert Motion to Exclude Testimony of Barry Pulliam of David A. Borkovic, filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David) Modified on 6/1/2022 (ijh).
May 31, 2022 Filing 129 DECLARATION re #93 Brief in Support of Motion, #92 MOTION Daubert Motion to Exclude Testimony of Barry Pulliam of David A. Borkovic by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A, #2 Exhibit B) (Borkovic, David)
May 31, 2022 Filing 128 BRIEF in Opposition re #91 MOTION Daubert Motion to Exclude Testimony of John McArthur Defendant's Daubert Motion to Exclude Testimony of John McArthur filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David) Modified on 5/31/2022 (ijh).
May 31, 2022 Filing 127 RESPONSE IN OPPOSITION to Defendant's Daubert Motion to Exclude Testimoney of John McArthur to #91 Motion for Miscellaneous Relief, filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A, #2 Exhibit B) (Borkovic, David)
May 27, 2022 Filing 126 RESPONSE to Motion re #119 MOTION to Strike #100 Exhibits in Support,, Declaration of Angela Paslay, #121 MOTION to Strike #100 Exhibits in Support,, Declaration of Kris L. Terry, #117 MOTION to Strike #100 Exhibits in Support,, Declaration of Stephen L. Becker filed by XTO ENERGY INC.. (Attachments: #1 Exhibit Becker Deposition, #2 Exhibit Paslay Deposition, #3 Exhibit Terry Deposition, #4 Exhibit Plaintiffs' Discovery Responses) (Tiblets, Elizabeth)
May 13, 2022 Filing 125 TEXT ORDER Response/Briefing Schedule re #121 Motion to Strike, #117 Motion to Strike, #119 Motion to Strike: Plaintiffs' response due by 5/27/2022. Plaintiff may file an omnibus response to the motions. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 5/13/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
May 12, 2022 Filing 124 REPLY BRIEF re #94 Response to Motion, filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
May 12, 2022 Filing 123 DECLARATION of David A. Borkovic by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit 1) (Borkovic, David)
May 12, 2022 Filing 122 BRIEF in Support re #121 Motion to Strike, Declaration of Kris L. Terry filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
May 12, 2022 Filing 121 MOTION to Strike #100 Exhibits in Support,, Declaration of Kris L. Terry by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Borkovic, David)
May 12, 2022 Filing 120 BRIEF in Support re #119 Motion to Strike, Declaration of Angela Paslay filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
May 12, 2022 Filing 119 MOTION to Strike #100 Exhibits in Support,, Declaration of Angela Paslay by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Borkovic, David)
May 12, 2022 Filing 118 BRIEF in Support re #117 Motion to Strike, Declaration of Stephen L. Becker filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
May 12, 2022 Filing 117 MOTION to Strike #100 Exhibits in Support,, Declaration of Stephen L. Becker by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Borkovic, David)
May 12, 2022 Filing 116 DECLARATION of David A. Borkovic - May 12, 2022 by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit O, #15 Exhibit P) (Borkovic, David)
May 12, 2022 Opinion or Order Filing 115 TEXT ORDER - Pursuant to 28 U.S.C. section 455(a), this Court hereby recuses itself as to all matters of the above-captioned case and requests that this case be assigned to another member of the Court. Signed by Judge Arthur J. Schwab on 05/12/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (ms)
May 12, 2022 Judge J. Nicholas Ranjan added presider. (jv)
May 11, 2022 Opinion or Order Filing 114 ORDER OF RECUSAL. Judge Christy Criswell Wiegand recused per 28 U.S.C. 455. Signed by Judge Christy Criswell Wiegand on 5/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
May 11, 2022 Magistrate Judge Cynthia Reed Eddy no longer assigned to case as presider. (jv)
May 11, 2022 Judge Christy Criswell Wiegand added as presider and Magistrate Judge Cynthia Reed Eddy added as referral. Motions referred to Cynthia Reed Eddy. (jv)
May 11, 2022 Judge Arthur J. Schwab presiding. Chief Magistrate Judge Cynthia Reed Eddy referred. (sms)
May 10, 2022 Filing 113 SEALED EXHIBIT in support of Motion and Brief in Support of Motion to Exclude Testimony of Barry Pulliam by XTO ENERGY INC. as to XTO ENERGY INC., pursuant to #110 Order on Motion for Leave to File Documents Under Seal,,. (Tiblets, Elizabeth)
May 10, 2022 Filing 112 EXHIBITS A - C in Support of #93 Brief in Support of Motion, #92 MOTION Daubert Motion to Exclude Testimony of Barry Pulliam by XTO ENERGY INC. (Attachments: #1 Exhibit B, #2 Exhibit C) (Tiblets, Elizabeth) Modified on 5/12/2022 (ijh).
May 9, 2022 Filing 111 SEALED EXHIBIT in support of Defendant's Response to Plaintiffs' Amended Motion for Class Certification by XTO ENERGY INC. as to XTO ENERGY INC., pursuant to #110 Order on Motion for Leave to File Documents Under Seal,,. (Attachments: #1 Exhibit Under Seal) (Tiblets, Elizabeth)
May 3, 2022 Opinion or Order Filing 110 ORDER granting #90 MOTION for Leave to File Documents Under Seal. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 5/3/2022. (ajs)
May 2, 2022 Filing 109 NOTICE On Class Certification Evidentiary Hearing by XTO ENERGY INC. (Werner, Justin)
May 2, 2022 Filing 108 TEXT ORDER granting #107 Unopposed MOTION for Extension of Time to File Response/Reply as to 78 Order,,, Set Deadlines/Hearings,,, Terminate Deadlines and Hearings,,, MOTION for Leave to File Excess Pages by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. IT IS HEREBY ORDERED that Plaintiffs shall file their Reply to Defendant's Response to the Amended Motion for Class Certification on or before 5/12/2022, with brief limited to 15 pages. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 5/2/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
April 29, 2022 Filing 107 Unopposed MOTION for Extension of Time to File Response/Reply as to #78 Order,,, Set Deadlines/Hearings,,, Terminate Deadlines and Hearings,, , MOTION for Leave to File Excess Pages by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Proposed Order) (Borkovic, David)
April 29, 2022 Filing 106 RESPONSE to Motion re #90 MOTION for Leave to File Documents Under Seal filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
April 29, 2022 Opinion or Order Filing 105 ORDER granting #104 Unopposed MOTION for Leave to Excuse Filing of Exhibits after Deadline and Deem Exhibits Timely Filed by XTO ENERGY INC. IT IS HEREBY ORDERED that this Motion is GRANTED, and the documents filed and docketed at ECF Nos. 95, 96, 97, 98, 99, 100 and 101 are deemed timely filed in accordance with this Courts Amended Case Management Order [ECF No. 78]. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/29/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
April 28, 2022 Filing 104 Unopposed MOTION for Leave to Excuse Filing of Exhibits after Deadline and Deem Exhibits Timely Filed by XTO ENERGY INC.. (Attachments: #1 Proposed Order) (Werner, Justin)
April 28, 2022 Filing 103 TEXT ORDER Response/Briefing Schedule re #90 Motion for Leave to File Documents Under Seal: Plaintiffs shall indicate whether the motion is consented to or otherwise respond by 5/6/2022. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/28/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
April 28, 2022 Filing 102 TEXT ORDER Response/Briefing Schedule re #91 Motion for Miscellaneous Relief, #92 Motion for Miscellaneous Relief. Response due by 5/31/2022 with briefs limited to 10 pages; Replies due by 6/14/2022 with briefs limited to 3 pages. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/28/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
April 28, 2022 Filing 101 EXHIBITS 16, 17 in Support of #94 Response to Motion, by XTO ENERGY INC.. (Attachments: #1 Exhibit 16 - Chart of Salvatora Class and Marburger Settlement Class Definitions, #2 Exhibit 17 - Opinion and Order) (Tiblets, Elizabeth)
April 28, 2022 Filing 100 EXHIBITS 7 Parts 10, 11; 8-15 in Support of #94 Response to Motion, by XTO ENERGY INC.. (Attachments: #1 Exhibit 7 - Declaration of Luann Sharp Part 11, #2 Exhibit 8 - Declaration of Stephen Becker, #3 Exhibit 9 - Declaration of Angela Paslay, #4 Exhibit 10 - Declaration of Kris Terry, #5 Exhibit 11 - Excerpts from Deposition of Linda Cranmer, #6 Exhibit 12 - Excerpts from Deposition of Tina Louise Hawkins, #7 Exhibit 13 - Excerpts from Deposition of Roger Salvatora, #8 Exhibit 14 - Excerpts from Deposition of Sandra Salvatora, #9 Exhibit 15 - Excerpts from Deposition of Barry Pulliam) (Tiblets, Elizabeth)
April 28, 2022 Filing 99 EXHIBITS 7 Parts 8, 9 in Support of #94 Response to Motion, by XTO ENERGY INC.. (Attachments: #1 Exhibit 7 - Declaration of Luann Sharp Part 9) (Tiblets, Elizabeth)
April 28, 2022 Filing 98 EXHIBITS 7 Parts 6, 7 in Support of #94 Response to Motion, by XTO ENERGY INC.. (Attachments: #1 Exhibit 7 - Declaration of Luann Sharp Part 7) (Tiblets, Elizabeth)
April 28, 2022 Filing 97 EXHIBITS 7 Parts 3-5 in Support of #94 Response to Motion, by XTO ENERGY INC.. (Attachments: #1 Exhibit 7 - Declaration of Luann Sharp Part 4, #2 Exhibit 7 - Declaration of Luann Sharp Part 5) (Tiblets, Elizabeth)
April 28, 2022 Filing 96 EXHIBITS 7 Parts 1b and 2 in Support of #94 Response to Motion, by XTO ENERGY INC.. (Attachments: #1 Exhibit 7 - Declaration of Luann Sharp Part 2) (Tiblets, Elizabeth)
April 28, 2022 Filing 95 EXHIBITS 3 - 7 Part 1a in Support of #94 Response to Motion, by XTO ENERGY INC.. (Attachments: #1 Exhibit 4 - Final Order and Judgment in Marburger, #2 Exhibit 5 - Excerpt from payment register, #3 Exhibit 6 - Declaration of Donald Cathcart, #4 Exhibit 7 - Declaration of LuAnn Sharp Part 1a) (Tiblets, Elizabeth)
April 27, 2022 Filing 94 RESPONSE to Motion re #86 Amended MOTION to Certify Class filed by XTO ENERGY INC.. (Attachments: #1 Exhibit 1 - Class Action Settlement Agreement from Marburger (Dkt. 64.2), #2 Exhibit 2 - Plaintiffs' List of Marburger Settlement) (Tiblets, Elizabeth)
April 27, 2022 Filing 93 BRIEF in Support re #92 MOTION Daubert Motion to Exclude Testimony of Barry Pulliam Daubert Motion to Exclude Testimony of Barry Pulliam filed by XTO ENERGY INC.. (Tiblets, Elizabeth) Modified on 5/12/2022 (ijh).
April 27, 2022 Filing 92 MOTION Daubert Motion to Exclude Testimony of Barry Pulliam by XTO ENERGY INC.. (Tiblets, Elizabeth)
April 27, 2022 Filing 91 MOTION Daubert Motion to Exclude Testimony of John McArthur by XTO ENERGY INC.. (Tiblets, Elizabeth)
April 27, 2022 Filing 90 MOTION for Leave to File Documents Under Seal by XTO ENERGY INC.. (Attachments: #1 Proposed Order) (Werner, Justin)
March 28, 2022 Filing 89 TEXT ORDER Response/Briefing Schedule re #86 Amended MOTION to Certify Class by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. IT IS HEREBY ORDERED that Defendant shall file a Response to this Motion on or before 4/27/2022. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/28/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
March 25, 2022 Filing 88 SEALED EXHIBIT in support of Declaration of David A. Borkovic of 1/7/22, 3/23/22 by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA as to XTO ENERGY INC., pursuant to #83 Order on Motion for Leave to File Documents Under Seal,,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Borkovic, David)
March 23, 2022 Filing 87 BRIEF in Support re #86 Motion to Certify Class, filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
March 23, 2022 Filing 86 Amended MOTION to Certify Class by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA.Responses due by 4/25/2022 (Attachments: #1 Proposed Order) (Borkovic, David)
March 23, 2022 Filing 85 DECLARATION of David A. Borkovic - March 23, 2022 by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (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 Exhibit 10) (Borkovic, David)
March 22, 2022 Filing 84 DECLARATION of David A. Borkovic - March 22, 2022 by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (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 Exhibit 10, #11 Exhibit 11) (Borkovic, David)
March 18, 2022 Opinion or Order Filing 83 ORDER granting #82 MOTION for Leave to File Documents Under Seal. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/18/2022. (ajs)
March 17, 2022 Filing 82 MOTION for Leave to File Documents Under Seal by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Proposed Order) (Borkovic, David)
February 16, 2022 Filing 81 Disclosure Statement identifying Exxon Mobil Corporation as corporate parent or other affiliate, by XTO ENERGY INC.. (Tiblets, Elizabeth)
February 9, 2022 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #80 Answer to Amended Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 2/16/2022. (cel)
February 9, 2022 Filing 80 Defendant XTO Energy Inc.'s ANSWER to #79 Amended Complaint, by XTO ENERGY INC.. (Tiblets, Elizabeth)
January 28, 2022 Filing 79 Third AMENDED COMPLAINT - Class Action against XTO ENERGY INC., filed by BONITA A. LANG, SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., RODNEY L. LANG, ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P.. (Borkovic, David)
January 18, 2022 Filing 78 AMENDED CASE MANAGEMENT ORDER re #68 Motion to Amend filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG. As more fully set forth herein: Amended Pleadings due by 1/28/2022. Answer due by 2/9/2022. Discovery due by 2/23/2022. Motion for Class Certification due by 3/23/2022. Response to Motion due by 4/25/2022. Reply brief due by 5/9/2022. Joint Status Report due by 5/2/2022. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 1/18/2022. (ajs)
January 16, 2022 Filing 77 MOTION for Leave to File Reply in Support of Motion to Amend Class Definitions by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit, #2 Proposed Order) (Borkovic, David)
January 14, 2022 Filing 76 Proposed Order and Revised Case Management Order by XTO ENERGY INC.. (Tiblets, Elizabeth)
January 14, 2022 Filing 75 RESPONSE IN OPPOSITION to #68 Motion to Amend,, filed by XTO ENERGY INC.. (Tiblets, Elizabeth)
January 7, 2022 Filing 74 BRIEF in Support re #73 Motion to Certify Class, filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
January 7, 2022 Filing 73 MOTION to Certify Class by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA.Responses due by 2/7/2022 (Attachments: #1 Proposed Order) (Borkovic, David)
January 7, 2022 Filing 72 DECLARATION of David A. Borkovic by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (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 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Borkovic, David)
January 7, 2022 Opinion or Order Filing 71 ORDER Response/Briefing Schedule re #68 Motion to Amend. Defendant shall respond by 1/14/2022 indicating whether it consents to said motion. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 1/7/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
January 6, 2022 Filing 70 AFFIDAVIT in Support re #68 CLASS ACTION MOTION to Amend Class Definitions filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
January 6, 2022 Filing 69 BRIEF in Support re #68 Motion to Amend, Class Definitions filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
January 6, 2022 Filing 68 CLASS ACTION MOTION to Amend Class Definitions by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Proposed Order) (Borkovic, David)
November 24, 2021 Filing 67 NOTICE of Appearance by Jeffrey C King on behalf of XTO ENERGY INC.. (King, Jeffrey)
November 24, 2021 Filing 66 TEXT ORDER granting #65 Motion for Jeffrey C. King to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Jeffrey C. King is granted leave to appear pro hac vice in this matter for Defendant XTO ENERGY INC. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/24/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
November 23, 2021 Filing 65 MOTION for attorney Jeffrey C. King to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6820565) by XTO ENERGY INC.. (Attachments: #1 Declaration of Jeffrey C King in Support of PHV Admission, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order on Motion for PHV Admission) (King, Jeffrey)
October 18, 2021 Opinion or Order Filing 64 ORDER denying #60 Motion to Amend. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/18/2021. (ajs)
October 15, 2021 Filing 63 RESPONSE IN OPPOSITION to Motion to Amend Protective Order to #60 Motion to Amend, #61 Brief in Support of Motion, filed by XTO ENERGY INC.. (Attachments: #1 Proposed Order) (Tiblets, Elizabeth)
October 8, 2021 Filing 62 TEXT ORDER Response/Briefing Schedule re #60 Motion to Amend. Response to Motion due by 10/15/2021. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/8/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
October 7, 2021 Filing 61 BRIEF in Support re #60 Motion to Amend, Protective Order filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
October 7, 2021 Filing 60 MOTION to Amend #27 Order on Motion for Protective Order by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Proposed Order) (Borkovic, David)
September 27, 2021 Filing 59 ANSWER to #56 Amended Complaint, by XTO ENERGY INC.. (Werner, Justin)
September 21, 2021 Opinion or Order Filing 58 ORDER granting #57 Consented to Motion to Extend Remaining Deadlines in the Updated Case Management Order by XTO ENERGY INC. Expert Discovery due by 12/20/2021; Motion for Class Certification due by 1/7/2022; Responses to Motion due by 2/7/2022; Replies due by 2/21/2022; Hearing on Motion for Class Certification set for 3/29/2022 at 10:00 AM in Courtroom 10A before Chief Magistrate Judge Cynthia Reed Eddy, as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/21/2021. (cmc)
September 17, 2021 Filing 57 MOTION to Extend Time to Consented to Motion to Extend Remaining Deadlines in the Updated Case Management Order by XTO ENERGY INC.. (Attachments: #1 Proposed Order) (Tiblets, Elizabeth)
September 13, 2021 Filing 56 Second AMENDED COMPLAINT - Class Action against XTO ENERGY INC., filed by BONITA A. LANG, SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., RODNEY L. LANG, ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P.. (Borkovic, David)
September 13, 2021 Filing 55 TEXT ORDER granting #53 Motion for Leave to File Amended Complaint. Plaintiffs shall file the amended complaint forthwith. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/13/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
September 7, 2021 Filing 54 BRIEF in Support re #53 Motion for Leave to File, Second Amended Complaint filed by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
September 7, 2021 Filing 53 MOTION for Leave to File Second Amended Complaint by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A, #2 Proposed Order) (Borkovic, David)
August 16, 2021 Filing 52 STATUS REPORT RE Mediation by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
July 19, 2021 Filing 51 STIPULATION selecting ADR process by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
May 12, 2021 Filing 50 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Status Conference held on 5/12/2021, as more fully set forth in the attached entry. Amended deadlines included herein. (Court Reporter: none) (cmc)
May 12, 2021 Set Deadlines: Discovery re class certification due 7/16/2021; Mediation due 8/16/2021; Plaintiff Expert Reports due by 9/10/2021; Defendant Expert Reports due by 10/12/2021; Expert Depositions to be completed by 11/30/2021; Motion for Class Certification due 12/14/2021, as more fully set forth in the Minute Entry at ECF 50. (cmc)
May 3, 2021 Opinion or Order Filing 48 ORDER: At the request of Plaintiff's counsel, the Status Conference set for 5/4/2021 is hereby CONTINUED to 5/12/2021 at 11:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 5/3/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
May 3, 2021 Set/Reset Hearings: Status Conference set for 5/12/2021 at 11:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. (cmc)
April 27, 2021 Opinion or Order Filing 47 ORDER : A Status Conference is set for 5/4/2021 at 02:00 PM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/27/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
March 24, 2021 Opinion or Order Filing 46 ORDER granting #44 Motion to Amend. Second Amended Case Management Order filed at ECF 45. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/24/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
March 24, 2021 Filing 45 SECOND AMENDED CASE MANAGEMENT ORDER: Discovery re: class certification due by 5/19/2021; Initial Mediation due by 6/23/2021; Post-Mediation Status Conference set for 7/13/2021 at 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy; Plaintiff Expert Reports re: class certification due by 7/7/2021; Defendant Expert Reports re: class certification due by 8/10/2021; Expert Depositions re: class certification to be completed by 9/24/2021; Motion for class certification due by 10/15/2021; Response to Motion due by 11/15/2021; Reply due by 12/8/2021; Second mediation due by 1/19/2022, as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/24/2021. (cmc)
March 23, 2021 Filing 44 Joint MOTION to Amend #36 Order, Set Deadlines/Hearings, the Amended Case Management Order by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Proposed Order) (Borkovic, David)
January 15, 2021 Opinion or Order Filing 43 ORDER: In light of the joint status report filed at ECF 42, IT IS HEREBY ORDERED that the Status Conference scheduled for 1/26/2021 is CANCELLED. All other deadlines and scheduled hearings remain in effect. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 1/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
January 14, 2021 Filing 42 STATUS REPORT Supplemental Updated Joint Status Report by XTO ENERGY INC.. (Tiblets, Elizabeth) Modified on 1/15/2021 (ma).
January 11, 2021 Opinion or Order Filing 41 ORDER re #40 Status Report filed by XTO ENERGY INC. The parties shall submit a Supplemental Updated Joint Status Report by 1/14/2021. The Status Conference set for 1/11/2021 is continued to 1/26/2021 at 11:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 1/11/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
January 7, 2021 Filing 40 STATUS REPORT Updated Joint Status Report by XTO ENERGY INC.. (Attachments: #1 Proposed Order) (Werner, Justin)
December 21, 2020 Opinion or Order Filing 39 ORDER: The parties shall file an updated Status Report on or before 1/7/2021 Signed by Magistrate Judge Cynthia Reed Eddy on 12/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.)
December 18, 2020 Filing 38 STATUS REPORT December 18, 2020 by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
December 9, 2020 Filing 37 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Status Conference held on 12/9/2020, as more fully set forth in the attached entry. (Court Reporter: none) (cmc)
October 2, 2020 Opinion or Order Filing 36 ORDER granting #35 Motion to Amend, filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG. AMENDED CASE MANAGMENT ORDER: Fact Discovery due by 4/15/2021; ADR due by 5/17/2021; Mid-Discovery Status Conference set for 12/9/2020 at 01:30 PM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy; Post-Mediation Status Conference set for 5/26/2021 at 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy; Plaintiff Expert Reports due by 6/1/2021; Defendant Expert Reports due by 7/1/2021; Expert Depositions to be completed by 8/13/2021; Motion for class certification due by 9/15/2021; Responses to Motion due by 10/15/2021; Reply brief due by 11/15/2021, as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/2/2020. (cmc)
October 1, 2020 Filing 35 Joint MOTION to Amend #25 Case Management Order, Set Deadlines/Hearings, 30 Order, Set Deadlines/Hearings, Terminate Civil Case by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Proposed Order) (Borkovic, David)
September 17, 2020 Filing 34 JOINT STATUS REPORT by XTO ENERGY INC. (Tiblets, Elizabeth)
September 15, 2020 Filing 33 TEXT ORDER: The mid-discovery video status conference scheduled for 9/16/2020 at 9:30AM is hereby CANCELED. The parties shall instead file a joint status report regarding discovery by 9/17/2020. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/15/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
September 9, 2020 Opinion or Order Filing 32 ORDER REFERRING CASE to Mediation. Honorable Robert J. Cindrich is appointed as mediator. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/9/2020. (ajt)
September 8, 2020 Filing 31 STIPULATION selecting ADR process by XTO ENERGY INC.. (Snyder Bagnell, Nicolle)
June 2, 2020 Filing 30 TEXT ORDER: In light of the parties' request for a 90 day extension, said request is granted and the following deadlines/hearings are set: ADR Stipulation due by September 5, 2020. Fact Discovery related to class certification due by January 15, 2021. Mediation shall occur by February 15, 2021. A mid-discovery video conference is scheduled for September 16, 2020 at 9:30 AM. A video post-mediation status conference is scheduled for February 17, 2021 at 9:30 AM. Plaintiffs' expert reports related to class certification due by March 1, 2021. Defendant's expert reports related to class certification due by April 1, 2021. Depositions of all experts related to class certification shall be on or before May 13, 2021. Motion for class certification due by July 15, 2021. Brief limited to 25 pages. Responses to motion due by August 15, 2021. Brief limited to 25 pages. Reply due by September 15, 2021. Brief limited to 5 pages. A hearing on the motion for class certification is scheduled for October 7, 2021 at 9:30 AM in Courtroom 10A. This case shall be marked administratively closed until September 16, 2021. This closure does not impact the parties' ability to submit filings for the court's consideration and is for administrative purposes only. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 6/2/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nll)
June 1, 2020 Filing 29 STATUS REPORT by XTO ENERGY INC.. (Werner, Justin)
May 18, 2020 Filing 28 TEXT ORDER: The parties shall submit a Status Report by 6/1/2020 on the outcome of mediation, the status of discovery and whether the parties are seeking a stay or extension of any pending deadlines. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 5/18/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
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)
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)
February 19, 2020 Opinion or Order Filing 27 ORDER granting #26 Motion for Protective Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 2/19/2020. (nll)
February 7, 2020 Filing 26 Joint MOTION for Protective Order by XTO ENERGY INC.. (Attachments: #1 Proposed Order) (Werner, Justin)
January 8, 2020 Filing 25 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 2/14/2020; Amended Pleadings due by 3/31/2020; Joinder of Parties due by 3/31/2020; Fact Discovery related to class certification due by 10/15/2020; ADR Stipulation due by 6/5/2020; Mid-Discovery Telephonic Status Conference set for 7/14/2020 at 09:30 AM before Chief Magistrate Judge Cynthia Reed Eddy; Post-Mediation Case Management set for 11/10/2020 at 10:00 AM in Suite 10160 before Chief Magistrate Judge Cynthia Reed Eddy; Plaintiff Expert Reports due by 11/16/2020; Defendant Expert Reports due by 1/6/2021; Expert Depositions to be completed by 2/19/2021; Motion for Class Certification due by 4/16/2021; Response to Motion due by 5/28/2021; Reply brief due by 7/2/2021; Motion Hearing set for 8/11/2021 at 10:00 AM in Courtroom 10A before Chief Magistrate Judge Cynthia Reed Eddy as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 1/8/2020. (sms)
January 8, 2020 Filing 24 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Initial Case Management Conference held on 1/8/2020. (Court Reporter: none) (sms) Modified text on 1/9/2020. (sms)
January 6, 2020 Filing 23 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Order) (Werner, Justin)
January 6, 2020 Filing 22 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by XTO ENERGY INC. (Werner, Justin)
December 31, 2019 Filing 21 NOTICE of Change of Address by Kevin C. Abbott (Abbott, Kevin)
December 30, 2019 Filing 20 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
December 19, 2019 Opinion or Order Filing 19 ORDER granting #18 Motion for Elizabeth L. Tiblets to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 12/19/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J)
December 18, 2019 Filing 18 MOTION for attorney Elizabeth L. Tiblets to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5401204) by XTO ENERGY INC.. (Attachments: #1 Affidavit of Elizabeth L. Tiblets in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Tiblets, Elizabeth)
December 9, 2019 Opinion or Order Filing 17 ORDER: The Initial Case Management Conference set for 1/9/2020 at 03:00 PM is rescheduled for 1/8/2020 at 10:00 AM in Suite 10160 before Chief Magistrate Judge Cynthia Reed Eddy. All other deadlines set forth in the #16 Initial Local Rule 16.1 Scheduling Order remain in effect. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 12/9/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
November 14, 2019 Filing 16 INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Initial Case Management Conference set for 1/9/2020 at 03:00 PM in Suite 10160 before Chief Magistrate Judge Cynthia Reed Eddy; Rule 26 Meeting to be conducted on or before 12/19/2019; Rule 26 Meeting Report, Proposed Case Management Order, ADR Stipulation, Confidential Position Letters, and Willingness to proceed before Magistrate Judge due by 1/6/2020 as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/14/2019. (sms)
November 13, 2019 Filing 15 ANSWER to #14 Amended Complaint, by XTO ENERGY INC.. (Werner, Justin)
November 5, 2019 Filing 14 AMENDED COMPLAINT - Class Action against XTO ENERGY INC. XTO ENERGY INC. answer due 11/19/2019, filed by ROGER A. SALVATORA; BONITA A. LANG; SANDRA E. SALVATORA; HEASLEY'S NURSERIES, INC.; RODNEY L. LANG; D&M MARBURGER FAMILY ENTERPRISES, L.P. (Borkovic, David)
November 5, 2019 Opinion or Order Filing 13 ORDER granting #12 Consent MOTION for Leave to File Amended Complaint by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/5/2019. (sms)
November 4, 2019 Filing 12 Consent MOTION for Leave to File Amended Complaint by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Attachments: #1 Exhibit A, #2 Proposed Order) (Borkovic, David)
October 30, 2019 Opinion or Order Filing 11 ORDER granting #10 Motion for Extension of Time to Answer re #1 Complaint. XTO ENERGY INC. answer due 11/13/2019. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/30/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
October 30, 2019 Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG by XTO ENERGY INC.. (Attachments: #1 Proposed Order) (Werner, Justin)
September 25, 2019 Filing 9 Stipulation for Extension of Time to Answer by XTO ENERGY INC. Answer due from XTO ENERGY INC. on 10/30/2019. (Werner, Justin)
September 24, 2019 Filing 8 NOTICE of Appearance by Justin H. Werner on behalf of XTO ENERGY INC.. (Werner, Justin)
September 24, 2019 Filing 7 NOTICE of Appearance by Nicolle R. Snyder Bagnell on behalf of XTO ENERGY INC.. (Snyder Bagnell, Nicolle)
September 24, 2019 Filing 6 NOTICE of Appearance by Kevin C. Abbott on behalf of XTO ENERGY INC.. (Abbott, Kevin)
September 9, 2019 Filing 5 SUMMONS/Return of Service Returned Executed by ROGER A. SALVATORA, BONITA A. LANG, SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., RODNEY L. LANG, D&M MARBURGER FAMILY ENTERPRISES, L.P.. XTO ENERGY INC. served on 9/9/2019, answer due 9/30/2019. (Attachments: #1 Exhibit A, #2 Exhibit B) (Borkovic, David)
September 5, 2019 Filing 4 Disclosure Statement identifying None as corporate parent or other affiliate, by D&M MARBURGER FAMILY ENTERPRISES, L.P., HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, ROGER A. SALVATORA, SANDRA E. SALVATORA. (Borkovic, David)
September 3, 2019 Filing 3 STANDING ORDER ON RULE 12(b) MOTIONS. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/3/2019. (sms)
August 29, 2019 Filing 2 Summons Issued as to XTO ENERGY INC. (mao)
August 29, 2019 Filing 1 COMPLAINT against XTO ENERGY INC. (Filing fee, including Administrative fee, $400, receipt number 0315-5266231), filed by ROGER A. SALVATORA, BONITA A. LANG, SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., RODNEY L. LANG, D&M MARBURGER FAMILY ENTERPRISES, L.P.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Summons) (mao)

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Search for this case: SALVATORA et al v. XTO ENERGY INC.
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Plaintiff: BONITA A. LANG
Represented By: David A. Borkovic
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Plaintiff: HEASLEY'S NURSERIES, INC.
Represented By: David A. Borkovic
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Plaintiff: ROGER A. SALVATORA
Represented By: David A. Borkovic
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Plaintiff: RODNEY L. LANG
Represented By: David A. Borkovic
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Plaintiff: SANDRA E. SALVATORA
Represented By: David A. Borkovic
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Plaintiff: D&M MARBURGER FAMILY ENTERPRISES, L.P.
Represented By: David A. Borkovic
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Defendant: XTO ENERGY INC.
Represented By: Justin H. Werner
Represented By: Kevin C. Abbott
Represented By: Nicolle R. Snyder Bagnell
Represented By: Elizabeth L. Tiblets
Represented By: Jeffrey C King
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