Texas Pacific Land Trust et al v. Oliver
| Texas Pacific Land Trust, David E Barry and John R Norris, III |
| Eric L Oliver |
| Horizon Kinetics LLC, SoftVest LP and ART-FGT Family Partners Limited |
| 3:2019cv01224 |
| May 21, 2019 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Other Statutes: Securities/Commodities/Exchange |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on July 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 55 Brief/Memorandum in Support filed by David E Barry, John R Norris, III, Texas Pacific Land Trust re #54 Expedited MOTION for Limited Discovery Related to Counter-Plaintiffs' Declaratory Judgment and Preliminary Injunction Motion. (Garcia, Yolanda) |
| Filing 54 Expedited MOTION for Limited Discovery Related to Counter-Plaintiffs' Declaratory Judgment and Preliminary Injunction Motion filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Attachments: #1 Proposed Order) (Garcia, Yolanda) Modified title on 7/19/2019 (axm). |
Filing 53
ORDER: Motions regarding discovery due by 7/18/2019. Responses due by 7/22/2019. Replies due by 7/23/2019. Plaintiff's Motion for a Declaratory Judgment and Preliminary Injunction is set for a hearing to begin on September 25-26, 2019. (Ordered by Judge Jane J. Boyle on 7/15/2019) (rekc)
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| Filing 52 RESPONSE filed by David E Barry, John R Norris, III, Texas Pacific Land Trust re: #21 MOTION for Judicial Notice re #19 MOTION for Judgment on the Pleadings, #20 Brief/Memorandum in Support of Motion (Attachments: #1 Proposed Order) (Ostolaza, Yvette) |
| Filing 51 RESPONSE filed by David E Barry, John R Norris, III, Texas Pacific Land Trust re: #19 MOTION for Judgment on the Pleadings (Attachments: #1 Proposed Order) (Ostolaza, Yvette) |
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Filing 50
ELECTRONIC ORDER granting #46 Plaintiffs' Unopposed Motion for Leave to Exceed Page Limits. The Court grants Plaintiffs leave to file a 35-page response brief to Defendants' motion for judgment on the pleadings (Doc. 19). (Ordered by Judge Jane J. Boyle on 7/15/2019) (chmb)
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Filing 49
ELECTRONIC ORDER granting #39 Counterclaim Plaintiffs' Unopposed Motion for Leave to Exceed Page Limits. The Court grants Counterclaim Plaintiffs leave to file a thirty-page memorandum of law in support of their motion for a declaratory judgment and preliminary injunction. Additionally, the Court grants Counterclaim Defendants leave to file a thirty-page response brief to the motion. (Ordered by Judge Jane J. Boyle on 7/15/2019) (chmb)
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| Filing 48 Agreed MOTION for Discovery for Entry of an Order Setting a Schedule and Discovery Protocol for Counterclaim Plaintiffs' Motion for a Declaratory Judgment and Preliminary Injunction filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Attachments: #1 Proposed Order) (Ostolaza, Yvette) |
| Filing 47 NOTICE to The Court Regarding Unopposed Motion For Entry Of An Order Setting A Schedule For Counterclaim Plaintiffs' Motion for a Declaratory Judgment and Preliminary Injunction filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Ostolaza, Yvette) |
| Filing 46 MOTION Unopposed Motion for Leave to Exceed Page Limits filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Attachments: #1 Proposed Order Proposed Order) (Ostolaza, Yvette) |
| Filing 45 MOTION Unopposed Motion for an Order Setting a Schedule For Counterclaim Plaintiffs' Motion for a Declaratory Judgment and Preliminary Injunction filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP (Attachments: #1 Proposed Order) (Falconer, Russell) |
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Filing 44
ELECTRONIC ORDER granting #43 Application for Admission Pro Hac Vice of Tyler H. Amass. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 7/1/2019) (chmb)
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| Filing 43 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Tyler H. Amass (Filing fee $25; Receipt number 0539-10088991) filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Falconer, Russell) |
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Filing 42
ORDER STAYING ALL DISCOVERY: The Court holds that Defendant's 12(c) motion triggers the automatic discovery stay of the PSLRA. The Court therefore ORDERS that all discovery and other proceedings in this matter are STAYED until Defendant's #19 motion for judgment on the pleadings is resolved. Additionally, fourteen days after the Court enters its ruling on the Defendant's motion, the parties shall file a joint proposed discovery schedule. (Ordered by Judge Jane J. Boyle on 6/25/2019) (mla)
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| Filing 41 Brief/Memorandum in Support filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP re #40 MOTION for Hearing re #36 MOTION for Declaratory Judgment and Preliminary Injunction (Falconer, Russell) |
| Filing 40 MOTION for Hearing re #36 MOTION for Declaratory Judgment and Preliminary Injunction filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP (Attachments: #1 Proposed Order) (Falconer, Russell) |
| Filing 39 MOTION for Leave to Exceed Page Limits (Unopposed) re #37 Brief/Memorandum in Support of Motion filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP (Attachments: #1 Proposed Order) (Falconer, Russell) |
| Filing 38 Appendix in Support filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP re #36 MOTION for Declaratory Judgment and Preliminary Injunction, #37 Brief/Memorandum in Support of Motion (Falconer, Russell) |
| Filing 37 Brief/Memorandum in Support filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP re #36 MOTION for Declaratory Judgment and Preliminary Injunction (Falconer, Russell) |
| Filing 36 MOTION for Declaratory Judgment and Preliminary Injunction filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP (Attachments: #1 Proposed Order) (Falconer, Russell) |
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Filing 35
ELECTRONIC ORDER granting #34 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs shall answer or otherwise respond to Defendant's counterclaims or file counterclaims against Counter-Plaintiffs on or before July 26, 2019. (Ordered by Judge Jane J. Boyle on 6/25/2019) (chmb)
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| Filing 34 Unopposed MOTION to Extend Time for Plaintiffs to answer, move, or otherwise respond to Defendants counterclaims and to assert counterclaims against the Counter-Plaintiffs filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Attachments: #1 Proposed Order) (Ostolaza, Yvette) |
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Filing 33
ELECTRONIC ORDER granting #29 Application for Admission Pro Hac Vice of Luke A. Dougherty. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 6/25/2019) (chmb)
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Filing 32
ELECTRONIC ORDER granting #28 Application for Admission Pro Hac Vice of Peter M. Wade. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 6/25/2019) (chmb)
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Filing 31
ELECTRONIC ORDER granting #26 Application for Admission Pro Hac Vice of Adam H. Offenhartz. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 6/25/2019) (chmb)
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Filing 30
ELECTRONIC ORDER granting #27 Application for Admission Pro Hac Vice of Aric H. Wu. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 6/25/2019) (chmb)
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| Filing 29 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Luke A. Dougherty (Filing fee $25; Receipt number 0539-10070586) filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Falconer, Russell) |
| Filing 28 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Peter M. Wade (Filing fee $25; Receipt number 0539-10070578) filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Falconer, Russell) |
| Filing 27 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Aric H. Wu (Filing fee $25; Receipt number 0539-10070560) filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Falconer, Russell) |
| Filing 26 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Adam H. Offenhartz (Filing fee $25; Receipt number 0539-10070502) filed by ART-FGT Family Partners Limited, Horizon Kinetics LLC, Eric L Oliver, SoftVest LP (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Falconer, Russell) |
| Filing 25 Proposal for contents of scheduling and discovery order Joint Discovery/Case Management Plan Under Federal Rule Of Civil Procedure 26(F) by David E Barry, John R Norris, III, Texas Pacific Land Trust. (Garcia, Yolanda) |
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Filing 24
ELECTRONIC ORDER granting #23 Agreed Joint Motion for Extension of Time. Plaintiffs shall now file their response to Defendant's Motion for Judgment on the Pleadings on or before July 15, 2019. Defendant shall file its reply on or before August 5, 2019. (Ordered by Judge Jane J. Boyle on 6/21/2019) (chmb)
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| Filing 23 Agreed MOTION to Extend Time to Respond to Motion filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Attachments: #1 Proposed Order) (Ostolaza, Yvette) |
| Filing 22 Amended COUNTERCLAIM against David E Barry, John R Norris, III filed by Horizon Kinetics LLC, Eric L Oliver, SoftVest LP, ART-FGT Family Partners Limited (Falconer, Russell) |
| Filing 21 MOTION for Judicial Notice re #19 MOTION for Judgment on the Pleadings, #20 Brief/Memorandum in Support of Motion filed by Eric L Oliver with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1-25, #2 Exhibit(s) 26-40, #3 Exhibit(s) 41-74, #4 Proposed Order) (Falconer, Russell) |
| Filing 20 Brief/Memorandum in Support filed by Eric L Oliver re #19 MOTION for Judgment on the Pleadings (Falconer, Russell) |
| Filing 19 MOTION for Judgment on the Pleadings filed by Eric L Oliver (Falconer, Russell) |
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Filing 18
STATUS REPORT ORDER: Lead counsel for each party (or a designee attorney with appropriate authority) must meet face-to-face at a mutually agreeable location, and no later than seven (7) calendar days before the Joint Status Report due date. Status Report due by 6/21/2019. (Ordered by Judge Jane J. Boyle on 5/31/2019) (ykp)
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| Filing 17 ANSWER to #15 Amended Complaint filed by Eric L Oliver. 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. COUNTERCLAIM of Eric L Oliver, SoftVest LP, Horizon Kinetics LLC, and ART-FGT Family Partners Limited against David E Barry, John R Norris, III filed by Eric L Oliver. Attorney Russell H Falconer added to party Eric L Oliver (pty:dft). (Falconer, Russell) |
| Filing 16 NOTICE of Certificate of Service of Amended Complaint filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Ostolaza, Yvette) |
| Filing 15 AMENDED COMPLAINT against Eric L Oliver filed by Texas Pacific Land Trust, John R Norris, III, David E Barry. 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. (Ostolaza, Yvette) |
| Filing 14 SUMMONS Returned Executed as to Eric L Oliver, served on 5/22/2019. (Ostolaza, Yvette) Modified served date on 5/23/2019 (mla). |
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Filing 13
ELECTRONIC ORDER granting #8 Application for Admission Pro Hac Vice of Andrew W. Stern. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 5/22/2019) (chmb)
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Filing 12
ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of Alex J. Kaplan. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 5/22/2019) (chmb)
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Filing 11
ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Jon Muenz. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 5/22/2019) (chmb)
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| Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jon Muenz (Filing fee $25; Receipt number 0539-10004202) filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Attachments: #1 Proposed Order) (Ostolaza, Yvette) |
| Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Alex J. Kaplan (Filing fee $25; Receipt number 0539-10004158) filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Attachments: #1 Proposed Order) (Ostolaza, Yvette) |
| Filing 8 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew W. Stern (Filing fee $25; Receipt number 0539-10004127) filed by David E Barry, John R Norris, III, Texas Pacific Land Trust (Attachments: #1 Proposed Order) (Ostolaza, Yvette) |
| Filing 7 Summons Issued as to Eric L Oliver. (Attachments: #1 Additional Page(s)) (ndt) |
| Filing 6 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 (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 5 Request for Clerk to issue Summons filed by David E Barry, John R Norris, III, Texas Pacific Land Trust. (Ostolaza, Yvette) |
| Filing 4 Request for Clerk to issue Summons filed by David E Barry, John R Norris, III, Texas Pacific Land Trust. (Ostolaza, Yvette) |
| Filing 3 ADDITIONAL ATTACHMENTS, Civil Cover Sheet, to #1 Complaint by Plaintiffs David E Barry, John R Norris, III, Texas Pacific Land Trust. (Ostolaza, Yvette) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by David E Barry, John R Norris, III, Texas Pacific Land Trust. (Ostolaza, Yvette) |
| Filing 1 COMPLAINT against Eric L Oliver filed by Texas Pacific Land Trust, John R Norris, III, David E Barry. (Filing fee $400; Receipt number 0539-10000577) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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. (Ostolaza, Yvette) |
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