Becker v. Delek US Energy, Inc.
| Michael J. Becker |
| Delek US Energy, Inc. |
| Kestrel Field Services, Inc. and Cypress Environmental Management-TIR, LLC |
| Freddy Rojas |
| 3:2020cv00285 |
| April 1, 2020 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Aleta A Trauger |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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Filing 127
ORDER: The Unopposed Motion for Partial Dismissal With Prejudice (Doc. No. #126 ) is GRANTED. This case is DISMISSED WITH PREJUDICE as to plaintiffs Freddy Rojas, Mitch Rubash, Jarrod Smith, Steven Campbell, Joshua Hoff, Kevin Madeley, Jacob Risenhoover, and Mitchell Risenhoover. Signed by District Judge Aleta A. Trauger on 05/01/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 126
Partial MOTION to Dismiss Claims of Freddy Rojas, Mitch Rubash, Jarrod Smith, Steven Campbell, Joshua Hoff, Kevin Madeley, Jacob Risenhoover, and Mitchell Risenhoover With Prejudice by Michael J. Becker, Freddy Rojas. (Attachments: #1 Attachment Proposed Order)(Dunlap, Andrew)
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Filing 125
ORDER DISMISSING CASE: Motion #121 GRANTED. This Court approved the settlement of this collective action related to all employees of Intervenor- Defendant/Counter-Plaintiff Kestrel Field Services, Inc. who provided services to Defendant Delek U.S. Energy, Inc. on September 27, 2022. See Doc. #118 . Signed by District Judge Aleta A. Trauger on 03/30/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 124
Sealed Document List of Settlement Participants filed by Michael J. Becker. (Dunlap, Andrew)
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Filing 123
ORDER GRANTING MOTION TO FILE UNDER SEAL: The Unopposed #122 Motion to File Settlement Agreements under Seal and for In Camera Review is GRANTED. Signed by District Judge Aleta A. Trauger on 03/28/23. (ad)
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Filing 122
Unopposed MOTION to Seal Document #121 Unopposed MOTION for Disbursement of Funds and Notice of Settlement Participants by Michael J. Becker. (Attachments: #1 Attachment Proposed Order)(Dunlap, Andrew)
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TN State Bar status verified as active for Melody Fowler-Green admitted to this court. (mg)
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Filing 121
Unopposed MOTION for Disbursement of Funds and Notice of Settlement Participants by Michael J. Becker. (Dunlap, Andrew)
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Filing 120
NOTICE of Appearance by Melody Fowler-Green on behalf of All Plaintiffs (Fowler-Green, Melody)
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Filing 119
ORDER of USCA as to #91 Notice of Appeal: In accordance with Rule 33, Rules of the Sixth Circuit, and upon consideration of the parties' stipulation to dismiss, It is ORDERED that the case is dismissed pursuant to 42(b), Federal Rules of Appellate Procedure. (NO MANDATE TO ISSUE) (hb)
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Filing 118
ORDER Approving Settlement: IT IS, THEREFORE, ORDERED BY THE COURT that the Parties' joint motion is granted and the Parties FLSA settlement is approved, including the Parties Settlement Agreements notice to potential opt-ins. Signed by District Judge Aleta A. Trauger on 09/27/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 117
ORDER granting #116 Motion For Approval of Settlement. Signed by District Judge Aleta A. Trauger on 09/27/2022. (ad)
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Filing 116
MOTION and Sealed Document Notice of Settlement with Exhibits 1-2 and proposed Order filed by Kestrel Field Services, Inc.. (Attachments: #1 Exhibit Exhibit 1 of Settlement Agreement, #2 Exhibit Exhibit 2 of Settlement Agreement, #3 Attachment proposed Order)(Fiddler, Gregory) Modified on 9/27/2022 (mg).
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Filing 115
ORDER: denying as moot #26 Plaintiff's Motion for Conditional Certification and Court-Authorized Notice. Signed by District Judge Aleta A. Trauger on 8/29/2022. (bs)
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Filing 114
ORDER denying as moot #89 Motion to Dismiss Kestrel's counterclaim. Signed by District Judge Aleta A. Trauger on 8/29/2022. (bs)
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Filing 113
NOTICE of 6CA ORDER filed: Upon consideration of the joint motion for limited remand, and further considering the District Court's Order of June 21, 2022, IT IS ORDERED that the motion is GRANTED. The appeal is remanded to the District Court for further proceedings. The parties shall notify this Court within 28 days following the District Court's decision and the effect of such decision on disposition of the appeal. (SSS) (bs)
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Filing 112
MANDATE of USCA as to #95 Notice of Appeal, filed by Cypress Environmental Management-TIR, LLC, #96 Notice of Appeal filed by Delek US Energy, Inc. (bs)
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Filing 111
INFORMATION COPY from 6CCA. OPINION and JUDGMENT filed : REVERSED and REMANDED. Decision for publication. Eugene E. Siler, Jr. (AUTHORING), Raymond M. Kethledge, and John K. Bush, Circuit Judges. [20-6255, 20-6258] (LAW) MANDATE TO ISSUE. (bs)
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Filing 110
ORDER granting #106 JOINT MOTION TO FILE SETTLEMENT AGREEMENTS UNDER SEAL AND FOR IN CAMERA REVIEW. Signed by District Judge Aleta A. Trauger on 6/21/2022. (bs)
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Filing 109
ORDER granting #105 JOINT MOTION FOR INDICATIVE RULING TO EFFECT TERMS OF SETTLEMENT. Signed by District Judge Aleta A. Trauger on 6/21/2022. (bs) Modified text on 6/27/2022 (hb).
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Filing 108
ORDER: The Court finds the Parties' settlement is a fair, reasonable, and adequate compromise of a bona fide dispute over FLSA provisions and finds no issue with the Parties' proposed notice to potential opt-ins. IT IS, THEREFORE, ORDERED BY THE COURT that if this case is remanded to the United States District Court for the Middle District of Tennessee by the Sixth Circuit Court of Appeals, this Court will grant the parties' joint motion pursuant to Rule 62.1 of the Federal Rules of Civil Procedure and proceed to approve the Parties settlement, including the Parties' Settlement Agreement's notice to potential opt-ins. Signed by District Judge Aleta A. Trauger on 6/21/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 107
Sealed Document Settlement Agreement filed by Kestrel Field Services, Inc.. (Fiddler, Gregory)
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Filing 106
Joint MOTION for Leave to File Document Under Seal Settlement Agreement by Kestrel Field Services, Inc.. (Attachments: #1 Attachment proposed Order)(Fiddler, Gregory)
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Filing 105
Joint MOTION for Settlement & Indicative Ruling by Kestrel Field Services, Inc.. (Attachments: #1 Attachment proposed Order)(Fiddler, Gregory)
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Filing 104
ORDER granting #101 Motion to Stay. Signed by District Judge Aleta A. Trauger on 11/10/2020. (dt)
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Filing 103
CERTIFICATE Local Rule 7.01(a)(1) Certificate of Conference filed by Delek US Energy, Inc. re #101 Joint MOTION to Stay All Proceedings Pending Appeal of Denial of Motions to Compel Arbitration by Delek US Energy, Inc. and Cypress Environmental Management-TIR, LLC filed by Delek US Energy, Inc.. (Bowdler, Bryan)
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Filing 102
MEMORANDUM in Support of #101 Joint MOTION to Stay All Proceedings Pending Appeal of Denial of Motions to Compel Arbitration by Delek US Energy, Inc. and Cypress Environmental Management-TIR, LLC filed by Delek US Energy, Inc. . (Bowdler, Bryan)
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Filing 101
Joint MOTION to Stay All Proceedings Pending Appeal of Denial of Motions to Compel Arbitration by Delek US Energy, Inc. and Cypress Environmental Management-TIR, LLC by Delek US Energy, Inc.. (Attachments: #1 Attachment Proposed Order)(Bowdler, Bryan)
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Filing 100
USCA Case Number 20-6258 for #96 Notice of Appeal filed by Delek US Energy, Inc.. (Sharday S. Swain - Case Manager) (bs)
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Filing 99
USCA Case Number 20-6255 for #95 Notice of Appeal filed by by Cypress Environmental Management-TIR, LLC. (Sharday S. Swain - Case Manager) (bs) Modified on 11/4/2020 (bs).
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Filing 98
USCA Case Number 20-6252 for #91 Notice of Appeal filed by by Kestrel Field Services, Inc. (Sharday S. Swain- Case Manager) (bs) Modified on 11/4/2020 (bs).
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Filing 97
ORDER granting #92 Intervenor-Defendant Kestrel Field Services, Inc.'s Motion to Stay Pending Appeal. Signed by District Judge Aleta A. Trauger on 11/3/2020. (vh)
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Filing 96
NOTICE OF APPEAL as to #87 Order on Motion for Miscellaneous Relief,,,,, Order on Motion to Compel,,,,,,,,,,,,,,, Order on Motion to Stay,,,, by Delek US Energy, Inc.. Filing fee $ 505, receipt number 0650-3248499. (Bowdler, Bryan)
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Filing 95
NOTICE OF APPEAL as to #87 Order on Motion for Miscellaneous Relief,,,,, Order on Motion to Compel,,,,,,,,,,,,,,, Order on Motion to Stay,,,, by Cypress Environmental Management-TIR, LLC. Filing fee $ 505, receipt number 0650-3247124. (Scales, William)
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Filing 94
(DISREGARD FILED IN ERROR)NOTICE OF APPEAL as to #87 Order on Motion for Miscellaneous Relief,,,,, Order on Motion to Compel,,,,,,,,,,,,,,, Order on Motion to Stay,,,, by Cypress Environmental Management-TIR, LLC. (Scales, William) Modified on 10/30/2020 (am).
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Filing 93
MEMORANDUM in Support of #92 MOTION to Stay Pending Appeal filed by Kestrel Field Services, Inc. . (Staple, Jaclyn)
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Filing 92
MOTION to Stay Pending Appeal by Kestrel Field Services, Inc.. (Staple, Jaclyn)
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DISREGARD DE: #94 , FILED IN ERROR. (am)
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Filing 91
NOTICE OF APPEAL as to #87 Order on Motion for Miscellaneous Relief,,,,, Order on Motion to Compel,,,,,,,,,,,,,,, Order on Motion to Stay,,,, #86 Memorandum Opinion of the Court by Kestrel Field Services, Inc.. Filing fee $ 505, receipt number 0650-3246180. (Fiddler, Gregory)
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Filing 90
MEMORANDUM in Support of #89 MOTION to Dismiss Kestrel's Counterclaim filed by Michael J. Becker . (Dunlap, Andrew)
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Filing 89
MOTION to Dismiss Kestrel's Counterclaim by Michael J. Becker. (Dunlap, Andrew)
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Filing 88
NOTICE by Kestrel Field Services, Inc. re Annotation - Deficiency Notice regarding Exhibits to Doc 81 (Staple, Jaclyn)
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Filing 87
ORDER: Now before the court are three motions #60 , #69 , #84 , all seeking to compel arbitration. For the reasons set forth in the accompanying Memorandum #86 , all three motions are DENIED. The stay of discovery and the stay of briefing on the plaintiff's Motion for Conditional Certification and Court-Authorized Notice (Doc. No. #26 ) in effect pursuant to the court's July 14, 2020 Order (Doc. No. #46 ) is LIFTED. Defendant Delek SHALL respond to the motion within 30 days of entry of this Order, and an optional reply may be filed within 14 days of the response. Because all deadlines set forth in the Initial Case Management Order (Doc. No. #20 ) have been disrupted by the stay, that Order is VACATED, and court will set by separate order a subsequent case management conference, at which litigation deadlines as well as the scope of the intervenor-defendants' continued participation in this case will be discussed. Signed by District Judge Aleta A. Trauger on 10/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 86
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 10/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 85
MEMORANDUM in Support of #84 Motion to Compel and Motion to Stay Proceedings filed by Kestrel Field Services, Inc. (ds)
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Filing 84
MOTION to Compel Arbitration and Stay Proceedings filed by Kestrel Field Services, Inc. (ds)
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Filing 83
ANSWER to Complaint and COUNTERCLAIM against Freddy Rojas filed by Kestrel Field Services, Inc. (ds)
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Filing 82
ORDER granting #81 Motion to Amend/Correct. Signed by District Judge Aleta A. Trauger on 10/8/2020. (ds)
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NOTICE TO FILER re DE#81 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (kc)
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Filing 81
MOTION to Amend/Correct Doc 62, 63, 64 by Kestrel Field Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fiddler, Gregory)
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Filing 80
NOTICE by Kestrel Field Services, Inc. Supplemental Authority (Attachments: #1 Exhibit A)(Staple, Jaclyn)
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Filing 79
REPLY to Response to #69 MOTION to Compel Arbitration of Claims of Michael Becker and Freddy Rojas filed by Delek US Energy, Inc.. (Attachments: #1 Exhibit A - R&R filed in USDC/WDPA, 19-1080, #2 Exhibit B - R&R filed in USCD/WDPA, 20-553)(dt)
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Filing 78
ORDER granting #77 Motion for Leave to Exceed the Page Limit. Signed by District Judge Aleta A. Trauger on 9/22/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 77
Unopposed MOTION for Leave to Exceed Page Limit by Delek US Energy, Inc.. (Attachments: #1 Attachment Proposed Order, #2 Attachment Proposed Pleading, #3 Attachment Exhibit A to Proposed Pleading, #4 Attachment Exhibit B to Proposed Pleading)(Bowdler, Bryan)
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Filing 76
ORDER: The #75 Unopposed Motion for Extension of Time to File Reply Memorandum in Support Motion to Compel Arbitration (the Motion) is granted. The deadline for Defendant Delek US Energy, Inc. to file its reply memorandum in support of its motion to compel arbitration is hereby EXTENDED to Monday, September 21, 2020. Signed by District Judge Aleta A. Trauger on 9/15/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 75
Consent MOTION for Extension of Time to File Response/Reply in Support of Motion to Compel Arbitration by Delek US Energy, Inc.. (Attachments: #1 Attachment Proposed Order)(Bowdler, Bryan)
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Filing 74
RESPONSE in Opposition re #69 MOTION to Compel Arbitration of Claims of Michael Becker and Freddy Rojas filed by Michael J. Becker. (Attachments: #1 Exhibit A-Rojas' Timesheet 2/24/2019-3/3/2019)(Dunlap, Andrew)
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Filing 73
RESPONSE in Support re #63 MOTION to Compel MOTION to Stay filed by Kestrel Field Services, Inc.. (Attachments: #1 Exhibit A)(Fiddler, Gregory)
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Filing 72
REPLY to Response to re #60 MOTION Transfer, or Alternatively MOTION to Compel filed by Cypress Environmental Management-TIR, LLC. (Cardwell, Christopher)
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Filing 71
CERTIFICATE of Conference filed by Delek US Energy, Inc. re #69 MOTION to Compel Arbitration of Claims of Michael Becker and Freddy Rojas filed by Delek US Energy, Inc.. (Bowdler, Bryan)
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Filing 70
MEMORANDUM in Support of #69 MOTION to Compel Arbitration of Claims of Michael Becker and Freddy Rojas filed by Delek US Energy, Inc. . (Attachments: #1 Exhibit A - Declaration of Sharon Moyer, #2 Exhibit B - Declaration of David Clarke, #3 Exhibit C - AAA Rule 6(a), #4 Exhibit D - Declaration of Michael Becker, #5 Exhibit E - Declaration of Freddy Rojas, #6 Exhibit F - Report and Recommendation)(Bowdler, Bryan)
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Filing 69
MOTION to Compel Arbitration of Claims of Michael Becker and Freddy Rojas by Delek US Energy, Inc.. (Attachments: #1 Attachment Proposed Order)(Bowdler, Bryan)
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Filing 68
ORDER granting #65 : Having satisfied the requirements of Local Rule 83.01(b), the motion to appear pro hac vice of Rachel B. Cowen is granted. Signed by Vicki Kinkade on 08/26/2020. (vk)
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Filing 67
RESPONSE in Opposition re #63 MOTION to Compel MOTION to Stay filed by Michael J. Becker, Freddy Rojas. (Dunlap, Andrew)
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Filing 66
RESPONSE in Opposition re #60 MOTION Transfer, or Alternatively MOTION to Compel filed by Michael J. Becker. (Dunlap, Andrew)
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IL State Bar status verified as active for Rachel Cowen. (dt)
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Filing 65
MOTION for attorney Rachel B. Cowen to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3199028) by Cypress Environmental Management-TIR, LLC. (Attachments: #1 Exhibit A - Declaration of R. Cowen, #2 Exhibit B - Certificate of Good Standing)(Scales, William)
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Filing 64
**DISREGARD ENTRY** Corrected Document filed at #85 MEMORANDUM in Support of #63 MOTION to Compel Arbitration and to Stay Proceedings filed by Kestrel Field Services, Inc. (dt) Modified on 10/8/2020 (ds).
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Filing 63
**DISREGARD ENTRY** Corrected Document filed at #84 MOTION to Compel Arbitration and to Stay Proceedings by Kestrel Field Services, Inc. (dt) Modified on 10/8/2020 (ds).
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Filing 62
**DISREGARD ENTRY** Corrected Document filed at #83 ANSWER to #1 Complaint and COUNTERCLAIM against Freddy Rojas by Kestrel Field Services, Inc.(dt) Modified on 10/8/2020 (ds).
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Filing 61
MEMORANDUM of Law in Support of #60 MOTION to Transfer, or Alternatively, to Compel filed by Cypress Environmental Management-TIR, LLC. (dt)
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Filing 60
MOTION to Transfer, or Alternatively, to Compel Arbitration by Cypress Environmental Management-TIR, LLC. (dt)
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Filing 59
ORDER: For the reasons set forth in the accompanying Memorandum, the Motion to Intervene filed by Cypress Environmental Management-TIR, LLC ("Cypress") (Doc. No. #29 ) and the Motion to Intervene filed by Kestrel Field Services, Inc. ("Kestrel") (Doc. No. #31 ) are both GRANTED. The plaintiff shall respond to the intervenors' motions to compel arbitration within fourteen days of entry of this Order. The defendants may file optional replies within seven days after the filing of the responses. The deadline for the plaintiff to answer or otherwise plead in response to Kestrel's counterclaim is STAYED pending resolution of the motions to compel arbitration. Signed by District Judge Aleta A. Trauger on 8/11/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 58
MEMORANDUM Signed by District Judge Aleta A. Trauger on 8/11/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 57
AMENDED DOCUMENT by Cypress Environmental Management-TIR, LLC. Amendment to #54 Response in Support of Motion, Reply Memorandum of Law in Support of Motion to Intervene. (Attachments: #1 Exhibit 1 - Report and Recommendation on Motion to Intervene)(Cardwell, Christopher)
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NOTICE TO FILER re DE#54 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (dt)
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Filing 56
REPLY In Support of its Motion to Intervene filed by Kestrel Field Services, Inc. re #51 Response in Opposition re #31 Motion to Intervene. (mg)
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Filing 55
ORDER granting #53 Motion for Leave to File Reply Brief in Support of its Motion to Intervene. Signed by District Judge Aleta A. Trauger on 7/28/2020. (mg)
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Filing 54
RESPONSE in Support re #29 MOTION to Intervene Reply Memorandum of Law in Support of Motion to Intervene filed by Cypress Environmental Management-TIR, LLC. (Attachments: #1 Exhibit 1 - Report and Recommendation on Motion to Intervene)(Cardwell, Christopher)
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Filing 53
MOTION for Leave to file Reply re #51 Response in Opposition to Motion by Kestrel Field Services, Inc.. (Attachments: #1 Exhibit Proposed Reply Brief)(Staple, Jaclyn) Modified on 7/29/2020 (dt).
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Filing 52
RESPONSE in Opposition re #29 MOTION to Intervene filed by Michael J. Becker. (Dunlap, Andrew)
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Filing 51
RESPONSE in Opposition re #31 MOTION to Intervene filed by Michael J. Becker. (Dunlap, Andrew)
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Filing 50
ORDER: Having satisfied the requirements of Local Rule 83.01(b), the motions to appear pro hac vice (Doc. Nos. #37 and #38 ) of G. Scott Fiddler and Jaclyn C. Staple are GRANTED. Signed by Acting Clerk of Court Vicki R. Kinkade on 7/16/2020. (dt)
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TX State Bar status verified as active for G. Scott Fiddler and Jaclyn C. Staple. (dt)
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TN State Bar status verified as active for William C. Scales, Jr and Christopher W. Cardwell. (dt)
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Filing 49
ORDER: The Motion to Stay #36 is DENIED AS MOOT. Signed by District Judge Aleta A. Trauger on 7/14/2020. (dt)
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Filing 48
CERTIFICATE OF GOOD STANDING of Attorney Jaclyn C. Staple from the United States District Court for the Southern District of Texas filed by Kestrel Field Services, Inc.. (Boston, Robert)
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Filing 47
CERTIFICATE OF GOOD STANDING of Attorney G. Scott Fiddler from the United States District Court for the Southern of Texas filed by Kestrel Field Services, Inc.. (Boston, Robert)
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Filing 46
ORDER: The Motion to Stay Plaintiff's Motion for Conditional Certification and Court-Authorized Notice and Discovery and Request for Expedited Consideration #39 is Granted. IT IS FURTHER ORDERED that briefing on and consideration of Plaintiff Michael J. Becker's Motion for Conditional Certification and Court-Authorized Notice is hereby STAYED; and IT IS FURTHER ORDERED that discovery in this matter is hereby STAYED. Signed by District Judge Aleta A. Trauger on 7/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 45
ORDER: Upon the reassignment of this case to Judge Trauger, the reference to the magistrate judge is WITHDRAWN. By separate order, the court has temporarily stayed discovery and further briefing on the plaintiff's Motion for Conditional Certification and Court Authorized Notice. It is hereby ORDERED that the plaintiff shall respond to the two pending Motions to Intervene (Docket Nos. #29 , #31 ) by July 20, 2020. Signed by District Judge Aleta A. Trauger on 7/14/2020. (dt)
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Filing 44
ORDER OF RECUSAL: I hereby recuse myself from this action. Chief Judge Waverly D. Crenshaw, Jr recused. (Case randomly reassigned to District Judge Aleta A. Trauger by the Clerk's Office for all further proceedings). Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/13/2020. (dt)
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Filing 43
NOTICE of Appearance by William C. Scales, Jr on behalf of Cypress Environmental Management-TIR, LLC (Scales, William)
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NOTICE TO FILER re DE#37 and #38 : The Certificate of Good Standing must be from a United States District Court or a United States appellate court. The new certificates shall be filed within 10 days. (dt)
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Filing 42
RESPONSE in Opposition re #26 MOTION to Certify Class and for Court-Authorized Notice filed by Delek US Energy, Inc.. (Attachments: #1 Exhibit A - Declaration of Sharon Moyer, #2 Exhibit B - Declaration of David Clarke)(Bowdler, Bryan)
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Filing 41
MEMORANDUM in Support of #39 MOTION to Stay [Expedited] Plaintiffs Motion for Conditional Certification and Court-Authorized Notice and Discovery and Request for Expedited Consideration filed by Delek US Energy, Inc. . (Attachments: #1 Exhibit A - Plaintiff's Discovery Requests to Delek)(Bowdler, Bryan)
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Filing 40
CERTIFICATE Local Rule 7.01 Certification filed by Delek US Energy, Inc. re #39 MOTION to Stay [Expedited] Plaintiffs Motion for Conditional Certification and Court-Authorized Notice and Discovery and Request for Expedited Consideration filed by Delek US Energy, Inc.. (Bowdler, Bryan)
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Filing 39
MOTION to Stay [Expedited] Plaintiffs Motion for Conditional Certification and Court-Authorized Notice and Discovery and Request for Expedited Consideration by Delek US Energy, Inc.. (Attachments: #1 Attachment Proposed Order)(Bowdler, Bryan)
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Filing 38
MOTION for attorney Jaclyn C. Staple to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3174514) by Kestrel Field Services, Inc.. (Attachments: #1 Attachment Texas Certificate of Good Standing, #2 Attachment Ohio Certificate of Good Standing)(Boston, Robert)
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Filing 37
MOTION for attorney G. Scott Fiddler to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3174509) by Kestrel Field Services, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Boston, Robert)
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Filing 36
MOTION to Stay [EXPEDITED] Proceedings Pending Resolution of [DE 31] Motion to Intervene and Motion to Compel Arbitration by Kestrel Field Services, Inc.. (Attachments: #1 Attachment Memorandum of Law in Support)(Boston, Robert)
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Filing 35
NOTICE by Kestrel Field Services, Inc. re #33 Memorandum in Support, OF FILING TO CORRECT EXHIBIT A (Attachments: #1 Attachment A - Kestrel' Field Services, Inc.'s Motion to Compel Arbitration and Stay Proceedings)(Boston, Robert)
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Filing 34
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Kestrel Field Services, Inc.. (Boston, Robert)
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Filing 33
MEMORANDUM in Support of #31 MOTION to Intervene filed by Kestrel Field Services, Inc. . (Attachments: #1 Exhibit A - Motion to Intervene, #2 Exhibit B - (w B1-B3) Declaration of David Clark, #3 Exhibit C - Kestrel Answer and CounterClaim-, #4 Exhibit D - Snow opinion granting mtn to intervene.pdf, #5 Exhibit E - Ferrell opinion granting mtn to intervene, #6 Exhibit F - Robertson opinion, #7 Exhibit G - Altenhofen Opinion.f)(Boston, Robert)
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Filing 32
CERTIFICATE Local Rule 7.01 Certification filed by Kestrel Field Services, Inc. re #31 MOTION to Intervene filed by Kestrel Field Services, Inc.. (Boston, Robert)
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Filing 31
MOTION to Intervene by Kestrel Field Services, Inc.. (Boston, Robert)
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Filing 30
MEMORANDUM in Support of #29 MOTION to Intervene filed by Cypress Environmental Management-TIR, LLC . (Attachments: #1 Exhibit 1 - Declaration of Sharon Moyer, #2 Exhibit 2 - Motion to Transfer, or Alternatively, to Compel Arbitration and Memorandum in Support, #3 Exhibit 3 - Snow Intervention, #4 Exhibit 4 - Ferrell Intervention)(Cardwell, Christopher)
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Filing 29
MOTION to Intervene by Cypress Environmental Management-TIR, LLC. (Cardwell, Christopher)
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Filing 28
NOTICE of Filing by Michael J. Becker re #26 MOTION to Certify Class and for Court-Authorized Notice (Dunlap, Andrew)
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Filing 27
CERTIFICATE of Service filed by Michael J. Becker re #26 MOTION to Certify Class and for Court-Authorized Notice filed by Michael J. Becker. (Dunlap, Andrew)
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NOTICE TO FILER re DE#26 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (dt)
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NOTICE TO FILER re DE#26 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (dt)
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Filing 26
MOTION to Certify Class and for Court-Authorized Notice by Michael J. Becker. (Attachments: #1 Attachment Memorandum In Support Of Becker's Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Attachment Proposed Order)(Dunlap, Andrew)
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Filing 25
ORDER granting #23 Motion for Samuel Zurik III to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/11/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 24
ORDER granting #22 Motion for Robert P. Lombardi to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/11/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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LA State Bar status verified as active for Robert P. Lombardi and Samuel Zurik, III. (dt)
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Filing 23
MOTION for attorney Samuel Zurik III to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3155182) by Delek US Energy, Inc.. (Attachments: #1 Attachment Certificate of Good Standing, #2 Attachment Sworn Statement of Samuel Zurik III)(Bowdler, Bryan)
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Filing 22
MOTION for attorney Robert P. Lombardi to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3155172) by Delek US Energy, Inc.. (Attachments: #1 Attachment Certificate of Good Standing, #2 Attachment Sworn Statement of Robert P. Lombardi)(Bowdler, Bryan) (Main Document 22 replaced on 6/9/2020) (dt).
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Filing 21
ORDER granting #18 Motion for William R. Liles to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/4/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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TX State Bar status verified as active for William R. Liles. (dt)
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 6/1/2020. (Hearing lasted :20)(kw)
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Filing 20
***VACATED PER ORDER #87 ***INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 8/3/2020. Discovery due by 2/1/2021. Case Management Conference by Telephone set for 10/5/2020 at 9:30 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 6/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 10/8/2020 (mg).
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Filing 19
AFFIDAVIT re #18 MOTION for attorney William R. Liles to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3149741) by Michael J. Becker. (Yezbak, Charles)
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Filing 18
MOTION for attorney William R. Liles to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3149741) by Michael J. Becker. (Attachments: #1 Exhibit Certificate of Good Standing)(Yezbak, Charles)
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Filing 17
PROPOSED CASE MANAGEMENT ORDER filed by Delek US Energy, Inc.. (Bowdler, Bryan)
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Filing 16
ORDER: This matter is set for an initial case management conference on June 1, 2020. (Doc. No. #5 .) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel need not and should not appear in person. Signed by Magistrate Judge Alistair Newbern on 5/28/2020. (dt)
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Filing 15
SUMMONS returned executed by Michael J. Becker. Delek US Energy, Inc. served on 4/27/2020. (Dunlap, Andrew)
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Filing 14
ORDER granting #13 Motion for Bryan Edward Bowdler to Appear Pro Hac Vice. Signed by Kirk L. Davies on 5/15/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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LA State Bar status verified as active for Bryan E. Bowdler. (dt)
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Filing 13
MOTION for attorney Bryan Edward Bowdler to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3139741) by Delek US Energy, Inc.. (Attachments: #1 Attachment Sworn Statement, #2 Attachment Certificate of Good Standing)(Bowdler, Bryan)
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TN State Bar status verified as active for Misty L. Foy. (dt)
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Filing 12
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Delek US Energy, Inc.. (Foy, Misty)
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Filing 11
ANSWER to #1 Complaint by Delek US Energy, Inc..(Foy, Misty)
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Filing 10
ORDER granting #8 Motion for Andrew W. Dunlap to Appear Pro Hac Vice. Signed by Kirk L. Davies on 4/30/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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TX State Bar status verified as active for Andrew W. Dunlap. (dt)
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Filing 9
AFFIDAVIT of Andrew W. Dunlap by Michael J. Becker. (Yezbak, Charles)
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Filing 8
MOTION for attorney Andrew W. Dunlap to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3132626) by Michael J. Becker. (Attachments: #1 Exhibit Certificate of Good Standing)(Yezbak, Charles)
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Filing 7
NOTICE by Michael J. Becker of Filing One Consent to Join (Attachments: #1 Exhibit Rojas Consent)(Yezbak, Charles)
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Newbern. This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) Modified text on 4/8/2020 (hb).
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Filing 5
NOTICE of Initial Case Management Conference set for 6/1/2020 at 11:00 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (dt)
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Filing 4
NOTICE of Business Entity Disclosure Statement filing requirement. (dt)
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
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Filing 2
Summons issued as to Delek US Energy, Inc. (Service copies returned to counsel by mail.) (dt)
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NOTICE TO COUNSEL Michael A. Josephson, Andrew W. Dunlap and Richard J. Burch: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 4/23/2020. (dt)
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TN State Bar status verified as active for Charles P. Yezbak, III. TX State Bar status verified as active for Michael A. Josephson, Andrew W. Dunlap and Richard J. Burch. (dt)
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Filing 1
COMPLAINT against Delek US Energy, Inc. (Filing fee $400, Receipt number 0650-3116957), filed by Michael J. Becker. (Attachments: #1 Exhibit A - Consent to be a party plaintiff, #2 Attachment - Civil Cover Sheet)(dt)
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