Primexx Energy Opportunity Fund LP et al v. Primexx Energy Corporation et al
| Primexx Energy Opportunity Fund LP and Primexx Energy Opportunity Fund II LP |
| Primexx Energy Corporation, Christopher Doyle, Angelo Acconcia, Blackstone Holdings III LP, Blackstone EMA II LLC, Blackstone Energy Management Associates II LLC, Blackstone Energy Partners II LP, Blackstone Management Associates VII LLC, Blackstone Capital Partners VII LP, BCP VII/BEP Holdings Manager LLC, BX Primexx Topco LLC and BPP Holdco LLC |
| 3:2023cv00985 |
| May 4, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Stockholders' Suits |
| 28 U.S.C. § 1332 Diversity - Stockholders Suits |
| Plaintiff |
Docket Report
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| Filing 29 NOTICE of Service re: #28 Order filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP (Shackelford, Stephen) |
Filing 28
ORDER: "Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Federal courts are vested with subject matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)-(2). Prior to dismissing the case on its own motion, the Court will afford Plaintiffs an opportunity to amend their Complaint to sufficiently demonstrate a basis for this Courts subject matter jurisdiction or for either party to otherwise respond to this Order by July 13, 2023. Summons has issued for every Defendant, see Doc. No. 18, but no Defendant has yet answered Plaintiffs' Complaint or otherwise made an appearance in this matter. Based on the record before the Court, it appears Plaintiffs' counsel knows who will be serving as counsel for Defendants in this case. See Compl. at 11-12; Doc. No. 3 (notice of related state court proceeding). Thus, the Court ORDERS Plaintiffs to serve a copy of this Order on each Defendant by June 20, 2023, and to file certification of service with the Court by June 22, 2023. If Plaintiffs are unable to serve any Defendant in this matter, Plaintiffs must file written notice of the same, by June 22, 2023, which includes a statement describing their attempts to effect service of this Order.If the Court determines that subject matter jurisdiction is lacking, the case will be dismissed without further notice. FED. R. CIV. P. 12(h)(3) (court must dismiss action if it determines at any time that subject matter jurisdiction is lacking). (Ordered by Judge Ed Kinkeade on 6/15/2023) (chmb)
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| Filing 27 NOTICE of Letter from Terry Oxford to Clerk of Court filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP (Hannigan, Sarah) |
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Filing 26
ELECTRONIC ORDER granting #25 Application for Admission Pro Hac Vice of Lindsey Godfrey Eccles. 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 Ed Kinkeade on 5/16/2023) (chmb)
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| Filing 25 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lindsey Godfrey Eccles (Filing fee $100; Receipt number ATXNDC-13741206) filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Shackelford, Stephen) (Main Document 25 replaced with flattened document on 5/16/2023) (ykp). |
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Filing 24
ELECTRONIC ORDER granting #23 Application for Admission Pro Hac Vice of Marc M Seltzer. 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 Ed Kinkeade on 5/11/2023) (chmb)
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| Filing 23 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13733866) filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP (Attachments: #1 Affidavit(s) Certificate of Good Standing)Attorney Marc M Seltzer added to party Primexx Energy Opportunity Fund II LP(pty:pla), Attorney Marc M Seltzer added to party Primexx Energy Opportunity Fund LP(pty:pla) (Seltzer, Marc) |
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Filing 22
ELECTRONIC ORDER granting #21 Application for Admission Pro Hac Vice of Sarah Hannigan. 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 Ed Kinkeade on 5/11/2023) (chmb)
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| Filing 21 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13733609) filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Sarah Hannigan added to party Primexx Energy Opportunity Fund II LP(pty:pla), Attorney Sarah Hannigan added to party Primexx Energy Opportunity Fund LP(pty:pla) (Hannigan, Sarah) |
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Filing 20
ELECTRONIC ORDER granting #19 Application for Admission Pro Hac Vice of Bryan J.E. Caforio. 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 Ed Kinkeade on 5/10/2023) (chmb)
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| Filing 19 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13728860) filed by Primexx Energy Opportunity Fund II LP(Caforio, Bryan) Modified text on 5/11/2023 (acm). |
| Filing 18 Summons Issued as to Angelo Acconcia, BCP VII/BEP Holdings Manager LLC, BPP Holdco LLC, BX Primexx Topco LLC, Blackstone Capital Partners VII LP, Blackstone EMA II LLC, Blackstone Energy Management Associates II LLC, Blackstone Energy Partners II LP, Blackstone Holdings III LP, Blackstone Management Associates VII LLC, Christopher Doyle, Primexx Energy Corporation. (sxf) |
| Filing 17 Request for Clerk to issue Summons to BPP Holdco LLC filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 16 Request for Clerk to issue Summons to BX Primexx Topco LLC filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 15 Request for Clerk to issue Summons to BCP VII/BEP II Holdings Manager LLC filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 14 Request for Clerk to issue Summons to Blackstone Capital Partners VII LP filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 13 Request for Clerk to issue Summons to Blackstone Management Associates VII LLC filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 12 Request for Clerk to issue Summons to Blackstone Energy Partners II LP filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 11 Request for Clerk to issue Summons to Blackstone Energy Management Associates II LLC filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 10 Request for Clerk to issue Summons to BMA VII LLC filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 9 Request for Clerk to issue Summons to Blackstone EMA II LLC filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 8 Request for Clerk to issue Summons to Blackstone Holdings III LP filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 7 Request for Clerk to issue Summons to Angelo Acconcia filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 6 Request for Clerk to issue Summons to M. Christopher Doyle filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 5 Request for Clerk to issue Summons to Primexx Energy Corporation filed by Primexx Energy Opportunity Fund II LP, Primexx Energy Opportunity Fund LP. (Shackelford, Stephen) |
| Filing 4 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. (acm) |
| Filing 3 NOTICE of Related Case Pursuant to Local Rule 3.3 filed by Primexx Energy Opportunity Fund II Lp, Primexx Energy Opportunity Fund Lp (Shackelford, Stephen) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by PRIMEXX ENERGY OPPORTUNITY FUND II, LP,, PRIMEXX ENERGY OPPORTUNITY FUND, LP. (Clerk QC note: No affiliate entered in ECF). (Shackelford, Stephen) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Angelo Acconcia, BCP VII/BEP II HOLDINGS MANAGER LLC, BLACKSTONE CAPITAL PARTNERS VII LP, BLACKSTONE EMA II LLC, BLACKSTONE ENERGY MANAGEMENT ASSOCIATES II LLC, BLACKSTONE ENERGY PARTNERS II LP, BLACKSTONE HOLDINGS III LP, BLACKSTONE MANAGEMENT ASSOCIATES VII LLC, BMA VII LLC, BPP HOLDCO LLC, BX PRIMEXX TOPCO LLC, M. Christopher Doyle, PRIMEXX ENERGY CORPORATION filed by PRIMEXX ENERGY OPPORTUNITY FUND II, LP,, PRIMEXX ENERGY OPPORTUNITY FUND, LP. (Filing fee $402; Receipt number ATXNDC-13717948) 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 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 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Cover Sheet Civil Cover Sheet) (Shackelford, Stephen) |
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