State of Utah et al v. Walsh et al
| State of Utah, State of Texas, Commonwealth of Virginia, State of Louisiana, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Idaho, State of Kansas, Commonwealth of Kentucky, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of South Carolina, State of Tennessee, State of West Virginia, State of Wyoming, Liberty Energy Inc., Liberty Oilfield Services LLC, Western Energy Alliance, James R. Copland, Alex L. Fairly and State of Oklahoma |
| Martin Walsh, Secretary of Labor, U. S. Department of Labor and Martin J Walsh |
| State of Iowa |
| 2:2023cv00016 |
| January 26, 2023 |
| US District Court for the Northern District of Texas |
| Matthew J Kacsmaryk |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 67
REPLY filed by U. S. Department of Labor, Martin J Walsh re: #15 MOTION to Transfer Case out of District/Division (Snyder, Cassandra)
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Filing 66
ORDER granting #65 Application for Admission Pro Hac Vice of Lindsey Keiser. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/13/2023) (nht)
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Filing 65
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13581239) filed by Commonwealth of Kentucky (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order)Attorney Lindsey Keiser added to party Commonwealth of Kentucky(pty:pla) (Keiser, Lindsey)
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Filing 64
ORDER granting #59 Application for Admission Pro Hac Vice of Kevin M. Gallagher. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/6/2023) (nht)
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Filing 63
ORDER granting #58 Application for Admission Pro Hac Vice of Andrew N. Ferguson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/6/2023) (nht)
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Filing 62
ORDER granting #52 Application for Admission Pro Hac Vice of Neville S. Hedley. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 3/6/2023) (nht)
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Filing 61
NOTICE of Attorney Appearance by Courtney R Titus on behalf of State of North Dakota. (Filer confirms contact info in ECF is current.) (Titus, Courtney)
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Filing 60
NOTICE of Attorney Appearance by Dylan L. Jacobs on behalf of State of Arkansas. (Filer confirms contact info in ECF is current.) (Jacobs, Dylan)
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Filing 59
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13557840) filed by Commonwealth of Virginia (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Kevin Michael Gallagher added to party Commonwealth of Virginia(pty:pla) (Gallagher, Kevin)
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Filing 58
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13557669) filed by Commonwealth of Virginia (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Andrew N Ferguson added to party Commonwealth of Virginia(pty:pla) (Ferguson, Andrew)
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Filing 57
ORDER granting #40 Application for Admission Pro Hac Vice of Michael R. Williams. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 2/28/2023) (nht)
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Filing 56
ORDER granting #46 Application for Admission Pro Hac Vice of Courtney R. Titus. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 2/28/2023) (nht)
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Filing 55
RESPONSE filed by Commonwealth of Kentucky, Commonwealth of Virginia, James R. Copland, Alex L. Fairly, Liberty Energy Inc., Liberty Oilfield Services LLC, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Western Energy Alliance re: #15 MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) A - Hearing Transcript, #2 Proposed Order) (Olson, Leif)
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Filing 54
ORDER granting #42 Motion to Extend Time to File Response/Reply. Accordingly, the Court ORDERS that Defendants file any response to Plaintiffs' motion for preliminary injunction on or before March 28, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 2/28/2023) (awc)
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Filing 53
NOTICE of Attorney Appearance by Benjamin J Hofmeister on behalf of State of Alaska. (Filer confirms contact info in ECF is current.) (Hofmeister, Benjamin)
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Filing 52
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13552132) filed by James R. Copland, Alex L. Fairly (Attachments: #1 Additional Page(s) Supplement to Pro Hac Application Question 5, #2 Additional Page(s) Certificate of Good Standing)Attorney Neville Hedley added to party James R. Copland(pty:pla), Attorney Neville Hedley added to party Alex L. Fairly(pty:pla) (Hedley, Neville)
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Filing 51
NOTICE of Attorney Appearance by Joseph Edward Hart on behalf of State of Florida. (Filer confirms contact info in ECF is current.) (Hart, Joseph)
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Filing 50
NOTICE of Attorney Appearance by Zachary Paul West on behalf of State of Oklahoma. (Filer confirms contact info in ECF is current.) (West, Zachary)
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Filing 49
NOTICE of Attorney Appearance by Joseph Scott St. John on behalf of State of Louisiana. (Filer confirms contact info in ECF is current.) (St. John, Joseph)
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Filing 48
NOTICE of JOINDER re: #39 MOTION for Injunction and Memorandum in Support filed by Alex L. Fairly, State of Oklahoma (Attachments: #1 Exhibit(s) A - Fairly Declaration) (St John, Anna)
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Filing 47
AMENDED COMPLAINT against All Defendants filed by State of New Hampshire, State of Alabama, State of West Virginia, State of Texas, State of Mississippi, State of Utah, State of Missouri, Western Energy Alliance, Commonwealth of Kentucky, State of Wyoming, State of Tennessee, Liberty Energy Inc., State of Nebraska, State of Iowa, State of South Carolina, State of Florida, James R. Copland, State of Georgia, State of North Dakota, State of Idaho, State of Ohio, Liberty Oilfield Services LLC, State of Louisiana, State of Arkansas, State of Indiana, State of Kansas, State of Alaska, State of Montana, Commonwealth of Virginia, Alex L. Fairly, State of Oklahoma. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (St John, Anna)
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Filing 46
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13549561) filed by State of North Dakota (Attachments: #1 Additional Page(s) Attachment 1 - Certificate of Good Standing, #2 Proposed Order Proposed Order Pro Hac Vice Admission)Attorney Courtney R Titus added to party State of North Dakota(pty:pla) (Titus, Courtney) (Attachment 2 replaced with flattened document on 2/28/2023) (awc). Modified text as to payment information on 2/28/2023 (awc).
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Filing 45
NOTICE of Attorney Appearance by Melissa A Holyoak on behalf of State of Utah. (Filer confirms contact info in ECF is current.) (Holyoak, Melissa)
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Filing 44
NOTICE of Attorney Appearance by Edmund Gerard LaCour, Jr on behalf of State of Alabama. (Filer confirms contact info in ECF is current.) (LaCour, Edmund)
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Filing 43
NOTICE of Attorney Appearance by Justin Lee Matheny on behalf of State of Mississippi. (Filer confirms contact info in ECF is current.) (Matheny, Justin)
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Filing 42
MOTION for Extension of Time to File Response/Reply to #39 MOTION for Injunction and Memorandum in Support filed by U. S. Department of Labor, Martin J Walsh (Attachments: #1 Proposed Order) (Vigen-DOJ, Leslie)
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Filing 41
NOTICE of Attorney Appearance by Benjamin Michael Flowers on behalf of State of Ohio. (Filer confirms contact info in ECF is current.) (Flowers, Benjamin)
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Filing 40
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13543735) filed by State of West Virginia (Attachments: #1 Exhibit(s) Good Standing Certificate)Attorney Michael Ray Williams added to party State of West Virginia(pty:pla) (Williams, Michael)
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Filing 39
MOTION for Injunction and Memorandum in Support filed by Commonwealth of Kentucky, Commonwealth of Virginia, James R. Copland, Liberty Energy Inc., Liberty Oilfield Services LLC, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Western Energy Alliance (Attachments: #1 Appendix, #2 Proposed Order) (Olson, Leif)
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Filing 38
ORDER granting #31 Motion. The Court further ORDERS Plaintiffs to promptly file the attached motion for preliminary injunction (ECF No. 31-1). (Ordered by Judge Matthew J. Kacsmaryk on 2/24/2023) (nht)
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Filing 37
ORDER granting #5 , #9 , #10 , #12 , #13 , #18 , #21 , #22 , #23 , #27 , #32 Application for Admission Pro Hac Vice. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 2/23/2023) (nht)
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Filing 36
SUMMONS Returned Executed as to Martin J Walsh ; served on 2/9/2023. (Olson, Leif)
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Filing 35
SUMMONS Returned Executed as to U. S. Department of Labor ; served on 2/9/2023. (Olson, Leif)
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Filing 33
NOTICE of Erratum re: #31 MOTION exceed page limitation for motion for PI filed by Commonwealth of Kentucky, Commonwealth of Virginia, James R. Copland, Liberty Energy Inc., Liberty Oilfield Services LLC, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Western Energy Alliance (Olson, Leif)
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Filing 32
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13533950) filed by State of Wyoming (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Ryan Schelhaas added to party State of Wyoming(pty:pla) (Schelhaas, Ryan)
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Filing 31
MOTION exceed page limitation for motion for PI filed by Commonwealth of Kentucky, Commonwealth of Virginia, James R. Copland, Liberty Energy Inc., Liberty Oilfield Services LLC, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Western Energy Alliance (Attachments: #1 Motion for PI, #2 Appendix to Motion for PI, #3 Proposed PI, #4 Proposed Order) (Olson, Leif)
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Filing 30
NOTICE of Attorney Appearance by Eric Hamilton on behalf of State of Nebraska. (Filer confirms contact info in ECF is current.) (Hamilton, Eric)
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Filing 29
NOTICE of Attorney Appearance by Joshua Divine on behalf of State of Missouri. (Filer confirms contact info in ECF is current.) (Divine, Joshua)
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Filing 28
AMENDED DOCUMENT by State of Missouri. Amendment to #5 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13483495). . (Attachments: #1 Proposed Order) (Lanahan, Maria)
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Filing 27
Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by State of Indiana Attorney Thomas Molnar Fisher added to party State of Indiana(pty:pla) (Fisher, Thomas)
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Filing 26
NOTICE of Attorney Appearance by Jonathan Berry on behalf of Liberty Energy Inc., Liberty Oilfield Services LLC, Western Energy Alliance. (Filer confirms contact info in ECF is current.) (Berry, Jonathan)
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Filing 25
NOTICE of Attorney Appearance by Jared Kelson on behalf of Liberty Energy Inc., Liberty Oilfield Services LLC, Western Energy Alliance. (Filer confirms contact info in ECF is current.) (Kelson, Jared)
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Filing 24
NOTICE of Attorney Appearance by Anna St John on behalf of James R. Copland. (Filer confirms contact info in ECF is current.) (St John, Anna)
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Filing 23
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13528242) filed by State of Kansas (Attachments: #1 Additional Page(s) Certificate of Good Standing from Clerk of Kansas Supreme Court, #2 Proposed Order Proposed Order Granting Application for Admission PHV)Attorney Jesse Burris added to party State of Kansas(pty:pla) (Burris, Jesse)
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Filing 22
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13528197) filed by State of Alaska (Attachments: #1 Exhibit(s) Certificate of Good Standing)Attorney Benjamin J Hofmeister added to party State of Alaska(pty:pla) (Hofmeister, Benjamin)
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Filing 21
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13527929) filed by State of South Carolina (Attachments: #1 Exhibit(s), #2 Proposed Order) (Hydrick, Thomas)
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Filing 20
AMENDED DOCUMENT by State of Tennessee. Amendment to #9 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13495035). . (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Exhibit(s) List of Admissions, #3 Proposed Order Proposed Order) (Krimm, Gabriel)
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Filing 19
NOTICE of Attorney Appearance by Franklin Scott Flow on behalf of Commonwealth of Kentucky, Commonwealth of Virginia, James R. Copland, Liberty Energy Inc., Liberty Oilfield Services LLC, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of South Carolina, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming, Western Energy Alliance. (Filer will update contact info in ECF.) (Flow, Franklin)
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Filing 18
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13515411) filed by State of Idaho (Attachments: #1 Certificate of Good Standing)Attorney David M.S. Dewhirst added to party State of Idaho(pty:pla) (Dewhirst, David)
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Filing 17
NOTICE of Attorney Appearance by Mark W Dell'Orfano on behalf of State of New Hampshire. (Filer confirms contact info in ECF is current.) (Dell'Orfano, Mark)
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Filing 16
NOTICE of Attorney Appearance by Cassandra Marie Snyder on behalf of U. S. Department of Labor, Martin J Walsh. (Filer confirms contact info in ECF is current.) (Snyder, Cassandra)
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Filing 15
MOTION to Transfer Case out of District/Division filed by U. S. Department of Labor, Martin J Walsh with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Vigen-DOJ, Leslie)
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Filing 14
NOTICE of Attorney Appearance by Leslie Cooper Vigen-DOJ on behalf of U. S. Department of Labor, Martin J Walsh. (Filer confirms contact info in ECF is current.) (Vigen-DOJ, Leslie)
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Filing 13
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13498834) filed by State of West Virginia (Attachments: #1 Exhibit(s) Good Standing Certificate)Attorney Lindsay Sara See added to party State of West Virginia(pty:pla) (See, Lindsay)
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Filing 12
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13496968) filed by State of Georgia Attorney Stephen John Petrany added to party State of Georgia(pty:pla) (Petrany, Stephen)
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Filing 11
ORDER: The Court will again defer ruling on the Application until Missouri complies with the Court's prior order. (Ordered by Judge Matthew J. Kacsmaryk on 2/6/2023) (nht)
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Filing 10
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13495404) filed by State of Montana (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order Proposed Order) (Corrigan, Christian)
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Filing 9
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13495035) filed by State of Tennessee (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Exhibit(s) List of Admissions, #3 Proposed Order Proposed Order)Attorney Gabriel Krimm added to party State of Tennessee(pty:pla) (Krimm, Gabriel) (Attachment 3 replaced with flattened document on 2/7/2023) (awc).
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Filing 8
AMENDED DOCUMENT by State of Missouri. Amendment to #5 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13483495). . (Attachments: #1 Additional Page(s) Certificate of Good Standing) (Lanahan, Maria)
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Filing 7
NOTICE of Attorney Appearance by Aaron Francis Reitz on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Reitz, Aaron)
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Filing 6
ORDER: Missouri is ORDERED to obtain local counsel consistent with Local Rule 83.1O(a) or file for leave to proceed without local counsel supported by good cause. (Ordered by Judge Matthew J. Kacsmaryk on 2/1/2023) (nht)
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Filing 5
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13483495) filed by State of Missouri (Attachments: #1 Additional Page(s) Certificate of Good Standing)Attorney Maria Lanahan added to party State of Missouri(pty:pla) (Lanahan, Maria)
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Filing 4
Summons issued as to U. S. Department of Labor, Martin J Walsh, U.S. Attorney, and U.S. Attorney General. (awc)
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Filing 3
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (awc)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Commonwealth of Kentucky, Commonwealth of Virginia, James R. Copland, Liberty Energy Inc., Liberty Oilfield Services LLC, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Western Energy Alliance. (Clerk QC note: No affiliate entered in ECF). (Attachments: #1 Additional Page(s)) (Olson, Leif)
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Filing 1
COMPLAINT against All Defendants filed by State of Georgia, State of New Hampshire, State of Alabama, State of West Virginia, State of Texas, State of Mississippi, State of North Dakota, State of Utah, State of Missouri, Western Energy Alliance, State of Ohio, State of Idaho, Commonwealth of Kentucky, Liberty Oilfield Services LLC, State of Wyoming, State of Tennessee, State of Louisiana, Liberty Energy Inc., State of Arkansas, State of Indiana, State of Nebraska, State of Iowa, State of Kansas, State of Alaska, State of South Carolina, State of Montana, State of Florida, James R. Copland, Commonwealth of Virginia. (Filing fee $402; Receipt number ATXNDC-13473468) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement Attachment A, #3 Cover Sheet Supplement Attachment B) (Olson, Leif)
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