KEITH NICHOLSON SERVICES, LLC v. AMERICAN PETROLEUM PARTNERS OPERATING, LLC et al
| Keith Nicholson Services, LLC |
| Lori D. Schaber, American Petroleum Partners Operating, LLC, Rosemary M. Brown, Leslie B. Schaber, ATLANTIC CONSTRUCTION FABRICS, INC., CHEVRON U.S.A. INC., CHESAPEAKE APPALACHIA L.L.C., Alpha Integrity Management, LLC, APP Midstream, LLC and COMPANY WRENCH, LTD |
| 2:2019cv01219 |
| September 24, 2019 |
| US District Court for the Western District of Pennsylvania |
| Patricia L Dodge |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 52 REPLY to Response to Motion re #46 Motion to Dismiss for Failure to State a Claim, filed by AMERICAN PETROLEUM PARTNERS OPERATING, LLC. (Sengewalt, Thomas) |
Filing 51
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER reflecting that Rule 26 Meeting to be conducted on or before 11/29/2019, Rule 26 Meeting Report due by 12/6/2019, Stipulation Selecting ADR Process due by 12/6/2019, Willingness to proceed before Magistrate Judge due by 12/4/2019, and Initial Case Management Conference scheduled for 12/13/2019 at 02:30 PM in Suite 9210 before Magistrate Judge Patricia L. Dodge. Signed by Magistrate Judge Patricia L. Dodge on 11/13/2019. (ahm)
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| Filing 50 RESPONSE IN OPPOSITION to #46 Motion to Dismiss for Failure to State a Claim,, filed by KEITH NICHOLSON SERVICES, LLC. (Kennedy, Edward) |
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Filing 49
ORDER Response Schedule re #46 Motion to Dismiss for Failure to State a Claim. Responses due by 11/8/2019. Signed by Magistrate Judge Patricia L. Dodge on 10/24/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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| Filing 48 Proposed Order re #46 Motion to Dismiss for Failure to State a Claim, by AMERICAN PETROLEUM PARTNERS OPERATING, LLC. (Sengewalt, Thomas) |
| Filing 47 BRIEF in Support re #46 Motion to Dismiss for Failure to State a Claim, filed by AMERICAN PETROLEUM PARTNERS OPERATING, LLC. (Attachments: #1 Exhibit) (jd) |
| Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by AMERICAN PETROLEUM PARTNERS OPERATING, LLC. (Attachments: #1 Supplement Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit Exhibit A to Memorandum of Law) (Sengewalt, Thomas) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #46 Motion to Dismiss for Failure to State a Claim,. 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 in Support of Motion. This message is for informational purposes only. (jd) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #46 Motion to Dismiss for Failure to State a Claim,. 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. (jd) |
| Filing 45 NOTICE of Appearance by Thomas J. Sengewalt on behalf of AMERICAN PETROLEUM PARTNERS OPERATING, LLC, APP MIDSTREAM, LLC, ROSEMARY M. BROWN. (Sengewalt, Thomas) |
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Filing 44
ORDER granting #43 Motion to Withdraw as Attorney. Attorney Melanie A. Norris terminated. Signed by Magistrate Judge Patricia L. Dodge on 10/7/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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| Filing 43 MOTION to Withdraw as Attorney by AMERICAN PETROLEUM PARTNERS OPERATING, LLC, APP MIDSTREAM, LLC, ROSEMARY M. BROWN. (Attachments: #1 Proposed Order) (Gormly, Kevin) |
| Filing 42 Stipulation for Extension of Time to Answer by APP MIDSTREAM, LLC, ROSEMARY M. BROWN, AMERICAN PETROLEUM PARTNERS OPERATING, LLC Answer due from APP MIDSTREAM, LLC on 10/18/2019; ROSEMARY M. BROWN on 10/18/2019; AMERICAN PETROLEUM PARTNERS OPERATING, LLC on 10/18/2019. (Gormly, Kevin) |
| Filing 41 Case transferred in from District of West Virginia Northern; Case Number 5:19-cv-00205. Original file certified copy of transfer order and docket sheet received. |
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Filing 40
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO TRANSFER VENUE AND MOTION TO CONSOLIDATE AND SEVERING CLAIMS: Granting in part and Denying in part #28 Motion to Transfer Case; Granting in part and Denying in part #33 Motion to Consolidate Cases. (Counts I - IV in 5:19-cv-205 are transferred to WD/PA; Count V in 5:19-cv-205 is consolidated with Civil Action 5:19-CV-251; Lead case to be 5:19-cv-205)(Also docketed in 5:19-CV-251) Signed by District Judge John Preston Bailey on 9/20/19. (copy to Clerk, WD/PA)(soa)
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| Filing 39 REPLY to Response to Motion re #33 MOTION to Consolidate Cases filed by Keith Nicholson Services, LLC. (Kennedy, E.) |
| Filing 38 RESPONSE to Motion re #33 MOTION to Consolidate Cases filed by American Petroleum Partners Operating, LLC. (Norris, Melanie) |
| Filing 37 REPLY to Response to Motion re #28 MOTION to Transfer Case or, in the Alternative, to Dismiss Defendants, American Petroleum Partners Operating, LLC, APP Midstream, LLC and Rosemary M. Brown filed by American Petroleum Partners Operating, LLC. (Norris, Melanie) |
| Filing 36 NOTICE of Appearance by Michael Joseph Hammond on behalf of Leslie B. Schaber, Lori D. Schaber (Hammond, Michael) |
| Filing 35 NOTICE of Appearance by Anthony William Selbe on behalf of Leslie B. Schaber, Lori D. Schaber (Selbe, Anthony) |
| Filing 34 RESPONSE in Opposition re #28 MOTION to Transfer Case or, in the Alternative, to Dismiss Defendants, American Petroleum Partners Operating, LLC, APP Midstream, LLC and Rosemary M. Brown filed by Keith Nicholson Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kennedy, E.) |
| Filing 33 MOTION to Consolidate Cases by Keith Nicholson Services, LLC. (Kennedy, E.) |
| Filing 32 Corporate Disclosure Statement by American Petroleum Partners Operating, LLC. (Norris, Melanie) |
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Filing 31
ORDER: Granting #29 Motion for Leave to Appear PHV for Kevin Gormley. Signed by District Judge John Preston Bailey on 8/14/19. (soa)
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| Filing 30 PHV fee for Kevin Gormley: $ 200.00, receipt number WVNW002255. (soa) |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice for Kevin M. Gormley by American Petroleum Partners Operating, LLC. (Attachments: #1 Text of Proposed Order Order Approving Application)(Norris, Melanie) |
| Filing 28 MOTION to Transfer Case or, in the Alternative, to Dismiss Defendants, American Petroleum Partners Operating, LLC, APP Midstream, LLC and Rosemary M. Brown by American Petroleum Partners Operating, LLC. (Attachments: #1 Attachment Memorandum in Support, #2 Exhibit A)(Norris, Melanie) |
| Filing 27 STIPULATION of Dismissal Without Prejudice as to Defendant Company Wrench, Ltd. by Keith Nicholson Services, LLC. (Kennedy, E.) |
| Filing 26 SUMMONS Returned Executed as to Lori D. Schaber served on 7/22/2019. (Kennedy, E.) |
| Filing 25 SUMMONS Returned Executed as to Leslie B. Schaber served on 7/22/2019. (Kennedy, E.) |
| Filing 24 SUMMONS Returned Executed as to Rosemary M. Brown served on 7/22/2019. (Kennedy, E.) |
| Filing 23 STIPULATION of Dismissal as to Chevron U.S.A., Inc. by Keith Nicholson Services, LLC. (Kennedy, E.) |
| Filing 22 STIPULATION [AGREED] Between Plaintiff and Defendant Company Wrench Ltd to Extend Time in Which to Answer or Otherwise Respond to Complaint by Company Wrench, Ltd.. (Adkins, Wendy) |
| Filing 21 STIPULATION re #1 Complaint,,, Extending Answer Deadline of Defendant American Petroleum Partners Operating, LLC by Keith Nicholson Services, LLC. (Kennedy, E.) |
| Filing 20 STIPULATION of Dismissal as to Chesapeake Appalachia, L.L.C. by Keith Nicholson Services, LLC. (Kennedy, E.) |
| Filing 19 SUMMONS Returned Executed as to APP Midstream, LLC served on 7/2/2019. (kac) |
| Filing 18 SUMMONS Returned Executed as to Chevron U.S.A., Inc. served on 7/2/2019. (kac) |
| Filing 17 SUMMONS Returned Executed as to Chesapeake Appalachia, L.L.C. served on 7/2/2019. (kac) |
| Filing 16 SUMMONS Returned Executed as to Atlantic Construction Fabrics, Inc. served on 7/2/2019. (kac) |
| Filing 15 SUMMONS Returned Executed as to American Petroleum Partners Operating, LLC served on 7/2/2019. (kac) |
| Filing 14 SUMMONS Returned Executed as to Company Wrench, Ltd. served on 7/2/2019. (kac) |
| Filing 13 SUMMONS Returned Executed as to Alpha Integrity Management, LLC served on 7/2/2019. (kac) |
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Filing 2
ORDER TRANSFERRING CIVIL ACTION: Case reassigned to District Judge John Preston Bailey for all further proceedings; Senior Judge Frederick P. Stamp, Jr recused. Signed by Senior Judge Frederick P. Stamp, Jr on 6/26/2019. (copy to counsel via CM/ECF) (nmm)
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| Filing 1 COMPLAINT against All Defendants, filed by Keith Nicholson Services, LLC. Filing Fee $400 - Receipt #0424-2847071. (Attachments: #1 Exhibit A - Memorandum of Right-Of-Way and Easement Agreement as to Schaber, #2 Exhibit B - Memorandum of Right-Of-Way and Easement Agreement as to Brown, #3 Exhibit C - copy of documents constituting the least of said Real Property as to "Casterly Rock Well Pad", #4 Exhibit D - Defendant APP bid quantities sheet, #5 Exhibit E - Defendant APP executed quantities sheet, #6 Exhibit F - adjusted initial bid sheet, #7 Exhibit G - copies of the Plaintiff's invoices submitted to Defendant APP for the Casterly Rock Well Pad project, #8 Exhibit H - copies of Notices of Mechanic's Lien, #9 Civil Cover Sheet) (copy to counsel via CM/ECF; copy to Judge Stamp) (nmm) |
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