Musket Corporation v. Suncor Energy (U.S.A.) Marketing, Inc.
Plaintiff: Musket Corporation
Defendant: Suncor Energy (U.S.A.) Marketing, Inc.
Case Number: 4:2015cv00100
Filed: January 13, 2015
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Harris
Presiding Judge: Gray H Miller
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 30, 2019 Filing 145 Copy of Bill of Costs by USCA in the amount of $500.00 against Musket Corporation (USCA No. 17-20388), filed.(dnoriega, 1)
January 30, 2019 Opinion or Order Filing 144 Order of USCA - PER CURIAM re: #124 Notice of Appeal, #126 Notice of Appeal, ; USCA No. 17-20388. AFFIRMED, filed.(dnoriega, 1)
January 30, 2019 Opinion or Order Filing 143 Order of USCA - JUDGMENT; Judgment issued as mandate 1/30/2019 re: #124 Notice of Appeal, #126 Notice of Appeal, ; USCA No. 17-20388. the judgment of the district court is affirmed, filed.(dnoriega, 1)
August 23, 2017 Filing 142 Fifth Circuit Court of Appeals letter advising It is Ordered that the unopposed joint motion to view and obtain sealed documents is granted. (USCA No. 17-20388), filed.(dbenavides, 1)
August 11, 2017 Electronic Access to Record on Appeal Provided re: #124 Notice of Appeal, #126 Notice of Appeal, to counsel for appellant, counsel for appellee. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 17-20388), filed.(mperez, 1)
August 11, 2017 Electronic Access to Record on Appeal Provided re: #126 Notice of Appeal, to Kendyl Hanks. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 17-20388), filed.(dbenavides, 1)
August 11, 2017 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #126 Notice of Appeal, USCA No. 17-20388, filed.(mperez, 1)
August 2, 2017 Filing 141 Notice of Filing of Official Transcript as to #140 Transcript - Appeal,. Party notified, filed. (hcarr, 4)
August 1, 2017 Filing 140 APPEAL TRANSCRIPT re Status Conference held on 2/22/17 before Judge Gray H Miller. Court Reporter Heather Alcaraz. Ordering Party: Kendyl Hanks. This transcript relates to the following: #131 Appeal Transcript Request, #126 Notice of Appeal. Release of Transcript Restriction set for 10/30/2017, filed. (halcaraz, )
July 26, 2017 Filing 139 Notice of Filing of Official Transcript as to #138 Transcript - Appeal,. Party notified, filed. (mmapps, 4)
July 25, 2017 Filing 138 APPEAL TRANSCRIPT re Motion to Dismiss held on September 15, 2015 before Judge Gray H Miller. Court Reporter J. Sanchez. Ordering Party: Kendyl Hanks. This transcript relates to the following: #133 Appeal Transcript Request,. Release of Transcript Restriction set for 10/23/2017., filed. (jsanchez, )
July 14, 2017 Filing 137 Notice of Filing of Official Transcript as to #136 Transcript - Appeal, #135 Transcript - Appeal,. Party notified, filed. (hcarr, 4)
July 13, 2017 Filing 136 APPEAL TRANSCRIPT re Motion Hearing held on April 27, 2016 before Judge Gray H Miller. Court Reporter/Transcriber Mayra Malone. Ordering Party: Kendyl Hanks. This transcript relates to the following: #132 Appeal Transcript Request,. Release of Transcript Restriction set for 10/11/2017., filed. (mmalone, )
July 13, 2017 Filing 135 APPEAL TRANSCRIPT re IN Chambers Telephonic Conference held on April 11, 2016 before Judge Gray H Miller. Court Reporter/Transcriber Mayra Malone. Ordering Party: Kendyl Hanks. This transcript relates to the following: #132 Appeal Transcript Request,. Release of Transcript Restriction set for 10/11/2017., filed. (mmalone, )
July 13, 2017 Filing 134 USCA LETTER for the Fifth Circuit advising court reporter Mr. Johnny Sanchez the transcript must be filed with the District Court Clerk within 30 days from the date the USCA received the purchase order (USCA No. 17-20388), filed.(dbenavides, 1)
July 7, 2017 Notice of Assignment of USCA No. 17-20388 re: #126 Notice of Appeal,, filed.(dbenavides, 1)
June 23, 2017 Filing 133 DKT13 TRANSCRIPT ORDER REQUEST by Kendyl Hanks. This is to order a transcript of Motion Hearing on 9/15/15 before Judge Miller. Court Reporter/Transcriber: Johnny Sanchez. This order form relates to the following: #124 Notice of Appeal,, filed. Duplicate of Docket Entry #130 . Docketed for Case Management Purposes. (emathis, 4)
June 23, 2017 Filing 132 DKT13 TRANSCRIPT ORDER REQUEST by Kendyl Hanks. This is to order a transcript of Discovery and Motion Hearing on 4/11/16 & Motion Hearing on 4/27/16 before Judge Miller. Court Reporter/Transcriber: Mayra Malone. This order form relates to the following: #124 Notice of Appeal,, filed. Duplicate of Docket Entry #129 . Docketed for Case Management Purposes.(emathis, 4).
June 23, 2017 Filing 131 DKT13 TRANSCRIPT ORDER REQUEST by Kendyl Hanks. This is to order a transcript of Status Conference on 2/22/17 before Judge Miller. Court Reporter/Transcriber: Heather Alcaraz. This order form relates to the following: #124 Notice of Appeal,, filed. Duplicate of Docket Entry #128 . Docketed for Case Management Purposes.(emathis, 4).
June 23, 2017 Filing 130 **This entry was incorrectly recorded and has been re-docketed as document #133.** ADMINISTRATIVE TRANSCRIPT/RECORD by Musket Corporation, filed.(Hanks, Kendyl) Modified on 7/26/2017 (bcampos, 1).
June 23, 2017 Filing 129 **This entry was incorrectly recorded and has been re-docketed as document #132.** ADMINISTRATIVE TRANSCRIPT/RECORD by Musket Corporation, filed.(Hanks, Kendyl) Modified on 7/26/2017 (bcampos, 1).
June 23, 2017 Filing 128 **This entry was incorrectly recorded and has been re-docketed as document #131.** ADMINISTRATIVE TRANSCRIPT/RECORD by Musket Corporation, filed.(Hanks, Kendyl) Modified on 7/26/2017 (bcampos, 1).
June 22, 2017 Filing 127 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #126 Notice of Appeal,. Fee status: Paid. Reporter(s): J. Sanchez, M. Malone, H. Alcaraz, filed. (Attachments: #1 Notice of Appeal, #2 Order, #3 Order on Sealed Motion, #4 Memorandum Opinion and Order, #5 Memorandum Opinion and Order, #6 Memorandum Opinion and Order) (jtabares, 1) (Additional attachment(s) added on 6/22/2017: #7 Public Docket Sheet) (jtabares, 1).
June 22, 2017 Appeal Review Notes re: #126 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid. Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 3, filed.(jtabares, 1)
June 21, 2017 Filing 126 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #113 Memorandum and Order, #119 Memorandum and Order, #111 Order on Sealed Motion, #110 Order, #112 Memorandum and Order by Suncor Energy (U.S.A.) Marketing, Inc. (Filing fee $ 505, receipt number 0541-18542205), filed. (Boyle, Brian)
June 20, 2017 Notice of Assignment of USCA No. 17-20388 re: #124 Notice of Appeal,, filed.(jtabares, 1)
June 12, 2017 Filing 125 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #124 Notice of Appeal. Fee status: Paid. Reporter(s): J. Sanchez; M. Malone; H. Alcaraz, filed. (Attachments: #1 Notice of Appeal, #2 Order, #3 Docket Sheet) (mperez, 1)
June 12, 2017 Appeal Review Notes re: #124 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 3, filed.(mperez, 1)
June 9, 2017 Filing 124 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #35 Order, #111 Order on Sealed Motion, #116 Memorandum and Order, #110 Order, #112 Memorandum and Order, #120 Order, #123 Order, Terminate Case by Musket Corporation (Filing fee $ 505, receipt number 0541-18491051), filed. (Wahby, Peter)
May 22, 2017 Opinion or Order Filing 123 ORDER GRANTING #122 Stipulation of Dismissal, Case terminated on 5/22/2017(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
May 19, 2017 Filing 122 STIPULATION of Dismissal by Musket Corporation, filed.(Wahby, Peter)
May 16, 2017 Opinion or Order Filing 121 ORDER setting Final Pretrial Conference for 6/27/2017 at 10:00 AM in Courtroom 9D before Judge Gray H Miller, Jury Trial for 6/27/2017 at 01:00 PM in Courtroom 9D before Judge Gray H Miller. Joint Pretrial Order due by 6/12/2017. Objections due 6/19/2017.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
March 7, 2017 Opinion or Order Filing 120 ORDER DENYING AS MOOT #78 Sealed MOTION for partial summary judgment.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
March 7, 2017 Opinion or Order Filing 119 MEMORANDUM OPINION AND ORDER GRANTING #72 Sealed MOTION for summary judgment - Musket's motion for summary judgment on Suncor's counterclaim that Musket breached paragraph (iii) of the Physical Transaction Confirmation is GRANTED. Suncor's counterclaim is DISMISSED WITH PREJUDICE. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
February 22, 2017 Filing 118 Minute Entry for proceedings held before Judge Gray H Miller. STATUS CONFERENCE held on 2/22/2017. Oral argument heard - under advisement. Appearances: Peter S Wahby, Brian Cody Boyle.(Court Reporter: H.Alcaraz), filed.(rkonieczny, 4)
February 17, 2017 Opinion or Order Filing 117 ORDER setting Status Conference set for 2/22/2017 at 01:30 PM in Courtroom 9D before Judge Gray H Miller(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
February 15, 2017 Opinion or Order Filing 116 MEMORANDUM OPINION AND ORDER GRANTING IN PART, DENYING IN PART #73 Sealed MOTION for summary judgment. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
February 13, 2017 Filing 115 Letter to The Honorable Gray H. Miller by Musket Corporation, filed.(Wahby, Peter)
February 2, 2017 Filing 114 Sealed Event, filed. (With attachments)
January 18, 2017 Opinion or Order Filing 113 MEMORANDUM OPINION AND ORDER GRANTING IN PART #72 Sealed MOTION for summary judgment on defendant and counterclaimant Suncor Energy (U.S.A.) Marketing, Inc.s counterclaim filed by plaintiff and counter-defendant Musket Corporation.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
December 20, 2016 Opinion or Order Filing 112 MEMORANDUM OPINION AND ORDER GRANTING IN PART #75 Sealed motion, GRANTING IN PART #76 Sealed motion, GRANTING IN PART #77 Sealed motion.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
November 29, 2016 Opinion or Order Filing 111 ORDER Denying #81 Sealed Motion to strike. All of Muskets objections are OVERRULED except that the court will not consider Irsiks opinion about the reasonableness of Muskets actions. Muskets request for attorneys fees in DENIED.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
November 15, 2016 Opinion or Order Filing 110 ORDER DENYING #99 Sealed motion to strike, DENYING #84 Sealed motion to strike, GRANTING IN PART, DENYING IN PART #95 Sealed motion to strike.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
October 18, 2016 Opinion or Order Filing 109 ORDER DENYING #74 Sealed motion to exclude expert testimony of Doug Lumry. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
September 16, 2016 Filing 108 Sealed Event, filed. (With attachments)
September 6, 2016 Filing 107 Sealed Event, filed. (With attachments)
August 31, 2016 Filing 106 NOTICE Plaintiff Musket Corporation's Notice to the Court Regarding Mediation Deadline by Musket Corporation, filed. (Wahby, Peter)
August 29, 2016 Filing 105 Sealed Event, filed. (With attachments)
August 22, 2016 Filing 104 Sealed Event, filed.
August 17, 2016 Filing 103 Sealed Event, filed.
August 17, 2016 Filing 102 Sealed Event, filed.
August 17, 2016 Filing 101 Sealed Event, filed. (With attachments)
August 15, 2016 Filing 100 Defendant's SEALED SUPPLEMENTAL RESPONSE to plaintiff's motion to strike declarations of Josh Irsik and Brian Boyle and certain exhibits thereto and RESPONSE to plaintiff's objections to and motion to strike summary judgment evidence, filed. (With attachments) Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 99 Plaintiff's OBJECTIONS to and MOTION to strike certain summary judgment evidence attached to defendant's response to plaintiff's motion for partial summary judgment on defendant's affirmative defenses, filed. (With attachments) Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 98 Plaintiff's SEALED REPLY in support of its motion for partial summary judgment on defendant's affirmative defenses, filed. (With attachments) Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 97 Defendant's SEALED RESPONSE to plaintiff's objections to and motion to stike summary judgment evidence, filed. (With attachments) Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 96 Defendant's SEALED RESPONSE to plaintiff's motion to strike the declarations of Josh Irsik and Brian Boyle and certain exhibits thereto, filed. (With attachments) Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 95 Defendant's SEALED OBJECTIONS to and MOTION to strike evidence from plaintiff's response to defendant's motion for summary judgment and defendant's MOTION for fees, filed. (With attachments) Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 94 Plaintiff's SEALED REPLY in support of its motion to strike expert David Hackett and exclude from trial, filed. Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 93 Defendant's SEALED REPLY in support of its motion to exclude expert testimony of Doug Lumry, filed. Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 92 Defendant's SEALED REPLY in support of its motion to exclude expert testimony of Jon Fjeld-Hansen, filed. Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 91 Defendant's SEALED REPLY in support of its motion to exclude expert testimony of Edwin Smith, filed. Modified on 8/15/2016 (rkonieczny, 4).
August 8, 2016 Filing 90 Defendant's SEALED REPLY to plaintiff's response to defendant's motion for summary judgment, filed. Modified on 8/15/2016 (rkonieczny, 4).
August 3, 2016 Filing 89 Corrected SUPPLEMENT to #88 Sealed Event by Musket Corporation, filed.(Lacina, Peter)
August 1, 2016 Filing 88 Plaintiff's SEALED response to defendant's motion for summary judgment, filed. (With attachments) Modified on 8/2/2016 (rkonieczny, 4).
August 1, 2016 Filing 87 Plaintiff's SEALED response in opposition to defendant's motion to exclude expert testimony of Edwin Arthur Smith, filed. (With attachments) Modified on 8/2/2016 (rkonieczny, 4).
August 1, 2016 Filing 86 Plaintiff's SEALED response in opposition to defendant's motion to exclude expert testimony of John P Fjeld-Hansen, filed. (With attachments) Modified on 8/2/2016 (rkonieczny, 4).
August 1, 2016 Filing 85 Plaintiff's SEALED response in opposition to defendant's motion to exclude expert testimony of Doug Lumry, filed. (With attachments) Modified on 8/2/2016 (rkonieczny, 4).
August 1, 2016 Filing 84 Plaintiff's SEALAED objections to and MOTION to Strike Summary Judgment evidence from defendant's MSJ, filed. (With attachments) Modified on 8/2/2016 (rkonieczny, 4).
August 1, 2016 Filing 83 Defendant's SEALED Response to plaintiff's motion to strike testimony of expert David Hackett, filed. (With attachments) Modified on 8/2/2016 (rkonieczny, 4).
August 1, 2016 Filing 82 Defendant's SEALED Response to plaintiff's motion for partial summary judgment on defendant's affirmative defenses, filed. (With attachments) Modified on 8/2/2016 (rkonieczny, 4).
July 25, 2016 Filing 81 SEALED MOTION to strike or disregard the declaration of Irsik and Boyle, MOTION for attorneys fees, filed. (With attachments) Modified on 7/26/2016 (rkonieczny, 4).
July 25, 2016 Filing 80 Plaintiff's SEALED REPLY in support of its motion for summary judgment on defendant's counterclaim, filed. Modified on 8/15/2016 (rkonieczny, 4).
July 20, 2016 Filing 79 Defendant's SEALED RESPONSE to plaintiff's motion for summary judgment on defendant's counterclaim, filed. (With attachments) Modified on 8/15/2016 (rkonieczny, 4).
July 11, 2016 Filing 78 Plaintiff's SEALED MOTION for partial summary judgment on defendant's affirmative defenses, filed. (With attachments) Modified on 7/12/2016 (rkonieczny, 4).
July 11, 2016 Filing 77 Defendant's SEALED MOTION to exclude expert testimony of Jon P. Fjeld-Hansen, filed. (With attachments) Modified on 7/12/2016 (rkonieczny, 4).
July 11, 2016 Filing 76 Plaintiff's SEALED MOTION to strike testimony of defendant's purported expert David J Hackett and exclude from trial, filed. (With attachments) Modified on 7/12/2016 (rkonieczny, 4).
July 11, 2016 Filing 75 Defendant's SEALED MOTION to exclude expert testimony of Edwin Arthur Smith, filed. (With attachments) Modified on 7/12/2016 (rkonieczny, 4).
July 11, 2016 Filing 74 Defendant's SEALED MOTION to exclude expert testimony of Doug Lumry, filed. (With attachments) Modified on 7/12/2016 (rkonieczny, 4).
July 11, 2016 Filing 73 Defendant's SEALED MOTION for summary judgment, filed. (With attachments) Modified on 7/12/2016 (rkonieczny, 4).
June 29, 2016 Filing 72 Plaintiff's SEALED MOTION for summary judgment on defendant's sole counterclaim, filed. (With attachments) Modified on 7/12/2016 (rkonieczny, 4).
June 6, 2016 Filing 71 NOTICE of Appearance by Peter K. Lacina on behalf of Musket Corporation, filed. (Lacina, Peter)
April 27, 2016 Filing 70 NOTICE of Appearance by Laura J. Thetford on behalf of Suncor Energy (U.S.A.) Marketing, Inc., filed. (Thetford, Laura)
April 27, 2016 Opinion or Order Filing 69 Agreed ORDER extending deadlines re: #63 MOTION for Protective Order MOTION to Amend #58 MOTION for Continuance of of Scheduling Order and Trial Date, #58 MOTION for Continuance of of Scheduling Order and Trial Date ( Discovery due by 6/30/2016, Dispositive Motion Filing due by 7/11/2016, Non-Dispositive Motion Filing due by 7/11/2016.)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
April 27, 2016 Filing 68 Minute Entry for proceedings held before Judge Gray H. Miller. MOTION HEARING held on 4/27/2016 re: #63 MOTION for Protective Order MOTION to Amend #58 MOTION for Continuance of of Scheduling Order and Trial Date. The motion for protective order is DENIED as moot. The parties' proposed agreed order extending deadline is GRANTED. Appearances: Joseph Patrick Griffith, Peter S Wahby, Brian Cody Boyle, Laura Jean Thetford.(Court Reporter: M.Malone), filed.(rkonieczny, 4)
April 27, 2016 Opinion or Order Filing 67 ORDER Granting #66 Motion to Withdraw as Attorney. Attorney Emery Gullickson Richards terminated.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
April 25, 2016 Filing 66 Unopposed MOTION for Emery Gullickson Richards to Withdraw as Attorney by Suncor Energy (U.S.A.) Marketing, Inc., filed. Motion Docket Date 5/16/2016. (Attachments: #1 Proposed Order)(Richards, Emery)
April 25, 2016 Filing 65 RESPONSE in Opposition to #63 MOTION for Protective Order MOTION to Amend #58 MOTION for Continuance of of Scheduling Order and Trial Date, filed by Musket Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Griffith, Joseph)
April 21, 2016 Opinion or Order Filing 64 ORDER Setting Hearing on #63 MOTION for Protective Order MOTION to Amend #58 MOTION for Continuance of of Scheduling Order and Trial Date for 4/27/2016 at 01:30 PM before Judge Gray H. Miller. Response due by noon on 4/25/2016.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
April 20, 2016 Filing 63 MOTION for Protective Order, MOTION to Amend #58 MOTION for Continuance of of Scheduling Order and Trial Date ( Motion Docket Date 5/11/2016.) by Suncor Energy (U.S.A.) Marketing, Inc., filed. (Attachments: #1 Exhibit Exhibt A, #2 Exhibit Exhibit B, #3 Proposed Order Proposed Protective Order and Amended Docket Control Order)(Boyle, Brian)
April 14, 2016 Filing 62 NOTICE of Appearance by Brian C. Boyle on behalf of Suncor Energy (U.S.A.) Marketing, Inc., filed. (Boyle, Brian)
April 11, 2016 Filing 61 Minute Entry for proceedings held before Judge Gray H. Miller. DISCOVERY HEARING and hearing regarding #58 MOTION for continuance held on 4/11/2016. Based on the parameters that the court gave the attorneys, the attorneys will try to work on getting the depositions scheduled; and submit an agreed proposed scheduling order with a brief extension of the discovery and motions' deadlines. Appearances: Joseph Patrick Griffith, Peter S Wahby, Rafe A Schaefer, Barclay Richard Nicholson.(Court Reporter: M.Malone), filed.(rkonieczny, 4)
April 8, 2016 Filing 60 RESPONSE in Opposition to #58 MOTION for Continuance of of Scheduling Order and Trial Date, filed by Musket Corporation. (Attachments: #1 Proposed Order)(Wahby, Peter)
April 6, 2016 Opinion or Order Filing 59 ORDER Setting Hearing on #58 MOTION for Continuance of Scheduling Order and Trial Date and on the parties' outstanding discovery dispute for 4/11/2016 at 03:00 PM by telephone before Judge Gray H. Miller. Response to motion due by 5:00 pm on Friday, 4/8/2016.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
April 1, 2016 Filing 58 MOTION for Continuance of of Scheduling Order and Trial Date by Suncor Energy (U.S.A.) Marketing, Inc., filed. Motion Docket Date 4/22/2016. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Schaefer, Rafe)
March 17, 2016 Opinion or Order Filing 57 ORDER DENYING without prejudice #46 MOTION for Summary Judgment (Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
March 8, 2016 Opinion or Order Filing 56 ORDER GRANTING #55 Joint MOTION for Extension of Time Certain Scheduling Order Deadlines ( Deft Expert Report due by 5/3/2016, Discovery due by 5/16/2016, Dispositive Motion Filing due by 5/27/2016, Non-Dispositive Motion Filing due by 5/27/2016, Pltf Expert Report due by 4/5/2016.)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
February 25, 2016 Filing 55 Joint MOTION for Extension of Time Certain Scheduling Order Deadlines by Musket Corporation, filed. Motion Docket Date 3/17/2016. (Attachments: #1 Proposed Order)(Griffith, Joseph)
February 17, 2016 Opinion or Order Filing 54 ORDER Denying #51 Motion for Leave to File Sur-reply.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
February 16, 2016 Filing 53 REPLY in Support of #51 MOTION for Leave to File Sur-Reply in Opposition to Motion for Partial Summary Judgment, filed by Musket Corporation. (Wahby, Peter)
February 10, 2016 Filing 52 RESPONSE to #51 MOTION for Leave to File Sur-Reply in Opposition to Motion for Partial Summary Judgment filed by Suncor Energy (U.S.A.) Marketing, Inc.. (Attachments: #1 Proposed Order)(Schaefer, Rafe)
February 4, 2016 Filing 51 MOTION for Leave to File Sur-Reply in Opposition to Motion for Partial Summary Judgment by Musket Corporation, filed. Motion Docket Date 2/25/2016. (Attachments: #1 Exhibit Exhibit A (Sur-Reply_, #2 Proposed Order)(Wahby, Peter)
January 29, 2016 Filing 50 REPLY in Support of #46 MOTION for Summary Judgment , filed by Suncor Energy (U.S.A.) Marketing, Inc.. (Schaefer, Rafe)
January 22, 2016 Filing 49 Plaintiff's SEALED Response to defendant's motion for partial summary judgment, filed. (With attachments) Modified on 1/25/2016 (rkonieczny, 4).
January 20, 2016 Opinion or Order Filing 48 ORDER GRANTING #47 Joint MOTION for Extension of Time Response and Reply Dates Regarding Defendant's Motion for Partial Summary Judgment. Response due 1/22/2016. Reply due 1/29/2016. (Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
January 19, 2016 Filing 47 Joint MOTION for Extension of Time Response and Reply Dates Regarding Defendant's Motion for Partial Summary Judgment by Musket Corporation, filed. Motion Docket Date 2/9/2016. (Attachments: #1 Proposed Order Agreed Order Granting Joint Motion to Extend Response and Reply Dates)(Lacina, Peter)
December 28, 2015 Filing 46 MOTION for Summary Judgment by Suncor Energy (U.S.A.) Marketing, Inc., filed. Motion Docket Date 1/19/2016. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Schaefer, Rafe)
December 10, 2015 Opinion or Order Filing 45 ORDER GRANTING #44 Joint MOTION for Extension of Time Parties' Joint Motion to Extend Certain Scheduling Order Deadlines (Deft Expert Report due by 3/27/2016, Discovery due by 4/19/2016., Dispositive Motion Filing due by 5/4/2016, Joint Pretrial Order due by 9/16/2016, Mediation due by 8/31/2016, Non-Dispositive Motion Filing due by 5/4/2016, Pltf Expert Report due by 2/27/2016, Docket Call set for 9/30/2016 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
December 8, 2015 Filing 44 Joint MOTION for Extension of Time Parties' Joint Motion to Extend Certain Scheduling Order Deadlines by Musket Corporation, filed. Motion Docket Date 12/29/2015. (Attachments: #1 Proposed Order)(Griffith, Joseph)
December 1, 2015 Opinion or Order Filing 43 ORDER Setting Telephone Conference for 12/3/2015 at 10:00 AM by telephone before Judge Gray H. Miller(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
November 23, 2015 Filing 42 NOTICE of Appearance by Joseph P. Griffith on behalf of Musket Corporation, filed. (Wahby, Peter)
November 5, 2015 Opinion or Order Filing 41 ORDER GRANTING #39 Joint MOTION for Extension of Time Certain Scheduling Order Deadlines ( Deft Expert Report due by 2/1/2016, Discovery due by 2/19/2016, Dispositive Motion Filing due by 3/4/2016, Joint Pretrial Order due by 6/10/2016, Objections due by 6/17/2016, Mediation due by 2/19/2016, Non-Dispositive Motion Filing due by 3/4/2016, Pltf Expert Report due by 12/18/2015, Docket Call set for 6/24/2016 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
November 4, 2015 Opinion or Order Filing 40 Joint Agreed PROTECTIVE ORDER.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
October 30, 2015 Filing 39 Joint MOTION for Extension of Time Certain Scheduling Order Deadlines by Musket Corporation, filed. Motion Docket Date 11/20/2015. (Attachments: #1 Proposed Order)(Wahby, Peter)
October 29, 2015 Filing 38 PROPOSED ORDER (Joint Agreed Protective Order), filed.(Wahby, Peter)
October 26, 2015 Filing 37 ANSWER to #25 Amended Complaint/Counterclaim/Crossclaim etc. by Suncor Energy (U.S.A.) Marketing, Inc., Suncor Energy Inc, filed.(Schaefer, Rafe)
October 20, 2015 Opinion or Order Filing 36 ORDER GRANTING #32 Joint MOTION for Extension of Time Expert Designation Deadlines ( Deft Expert Report due by 12/7/2015., Pltf Expert Report due by 10/30/2015.)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
October 6, 2015 Opinion or Order Filing 35 ORDER GRANTING IN PART, DENYING IN PART #29 Amended MOTION to Dismiss #25 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
September 15, 2015 Filing 34 Minute Entry for proceedings held before Judge Gray H. Miller. MOTION HEARING held on 9/15/2015 #29 Amended MOTION to Dismiss #25 Amended Complaint/Counterclaim/Crossclaim etc. . Oral argument heard. Taken under advisement. Appearances: Peter S Wahby, Rafe A Schaefer, Emery Gullickson Richards.(Court Reporter: J.Sanchez), filed.(rkonieczny, 4)
September 10, 2015 Opinion or Order Filing 33 AMENDED ORDER Setting Hearing on #29 Amended MOTION to Dismiss #25 Amended Complaint/Counterclaim/Crossclaim etc. for 9/15/2015 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
September 9, 2015 Filing 32 Joint MOTION for Extension of Time Expert Designation Deadlines by Musket Corporation, Suncor Energy Inc, filed. Motion Docket Date 9/30/2015. (Attachments: #1 Proposed Order)(Wahby, Peter)
August 21, 2015 Filing 31 REPLY in Support of #29 Amended MOTION to Dismiss #25 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Suncor Energy (U.S.A.) Marketing, Inc., Suncor Energy Inc. (Nicholson, Barclay)
August 14, 2015 Filing 30 RESPONSE to #29 Amended MOTION to Dismiss #25 Amended Complaint/Counterclaim/Crossclaim etc. filed by Musket Corporation. (Attachments: #1 Proposed Order)(Wahby, Peter)
July 31, 2015 Filing 29 Amended MOTION to Dismiss #25 Amended Complaint/Counterclaim/Crossclaim etc. by Suncor Energy (U.S.A.) Marketing, Inc., filed. Motion Docket Date 8/21/2015. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Nicholson, Barclay)
July 15, 2015 Opinion or Order Filing 28 ORDER GRANTING #27 Joint MOTION Establish Briefing Schedule, DENYING AS MOOT #22 MOTION to Dismiss #17 Amended Complaint/Counterclaim/Crossclaim etc. ( Motion Hearing set for 9/10/2015 at 10:30 AM in Courtroom 9D before Judge Gray H. Miller)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
July 9, 2015 Filing 27 Joint MOTION Establish Briefing Schedule by Musket Corporation, filed. Motion Docket Date 7/30/2015. (Attachments: #1 Proposed Order)(Wahby, Peter)
July 7, 2015 Opinion or Order Filing 26 ORDER GRANTING #24 Unopposed MOTION for Extension of Time Respond to Motion to Dismiss (response due 7/10/2015); setting hearing on #22 Motion to dismiss for 9/10/2015 at 10:30 AM in Courtroom 9D before Judge Gray H. Miller)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
June 26, 2015 Filing 25 Second AMENDED COMPLAINT against All Defendants filed by Musket Corporation.(Wahby, Peter)
June 19, 2015 Filing 24 Unopposed MOTION for Extension of Time Respond to Motion to Dismiss by Musket Corporation, filed. Motion Docket Date 7/10/2015. (Attachments: #1 Proposed Order)(Wahby, Peter)
June 11, 2015 Filing 23 NOTICE Request for Oral Hearing re: #22 MOTION to Dismiss #17 Amended Complaint/Counterclaim/Crossclaim etc. by Suncor Energy (U.S.A.) Marketing, Inc., filed. (Attachments: #1 Proposed Order)(Nicholson, Barclay)
June 3, 2015 Filing 22 MOTION to Dismiss #17 Amended Complaint/Counterclaim/Crossclaim etc. by Suncor Energy (U.S.A.) Marketing, Inc., filed. Motion Docket Date 6/24/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nicholson, Barclay)
June 3, 2015 Opinion or Order Filing 21 ORDER GRANTING #20 Unopposed MOTION for Extension of Time to Respond to First Amended Complaint (Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
May 22, 2015 Filing 20 Unopposed MOTION for Extension of Time to Respond to First Amended Complaint by Suncor Energy (U.S.A.) Marketing, Inc., Suncor Energy Inc, filed. Motion Docket Date 6/12/2015. (Attachments: #1 Proposed Order)(Richards, Emery)
May 22, 2015 Filing 19 NOTICE of Appearance by Emery Gullickson Richards on behalf of Suncor Energy (U.S.A.) Marketing, Inc., Suncor Energy Inc, filed. (Richards, Emery)
May 21, 2015 Opinion or Order Filing 18 SCHEDULING ORDER. ETT: 5 days. Jury trial. ( Amended Pleadings due by 7/17/2015, Joinder of Parties due by 7/17/2015, Pltf Expert Report due by 9/18/2015, Deft Expert Report due by 10/16/2015, Discovery due by 12/11/2015, Mediation due by 12/11/2015, Dispositive Motion Filing due by 1/8/2016, Non-Dispositive Motion Filing due by 1/8/2016, Objections due by 5/20/2016, Joint Pretrial Order due by 5/13/2016, Docket Call set for 5/27/2016 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
May 15, 2015 Filing 17 First AMENDED COMPLAINT against Suncor Energy (U.S.A.) Marketing, Inc. filed by Musket Corporation.(Wahby, Peter)
May 15, 2015 Filing 16 ANSWER to #12 Answer to Complaint, Counterclaim by Musket Corporation, filed.(Wahby, Peter)
May 8, 2015 Filing 15 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Suncor Energy (U.S.A.) Marketing, Inc., filed.(Nicholson, Barclay)
May 7, 2015 Filing 14 DEMAND for Trial by Jury by Musket Corporation, filed.(Wahby, Peter)
May 4, 2015 Filing 13 CERTIFICATE OF INTERESTED PARTIES by Suncor Energy (U.S.A.) Marketing, Inc., filed.(Nicholson, Barclay)
April 24, 2015 Filing 12 ANSWER to #1 Complaint, COUNTERCLAIM against All Plaintiffs by Suncor Energy (U.S.A.) Marketing, Inc., filed. (Attachments: #1 Exhibit A)(Nicholson, Barclay)
April 3, 2015 Filing 11 NOTICE of Reassignment. Case reassigned to Judge Gray H. Miller. Judge Keith P Ellison no longer assigned to the case. Parties notified, filed. (hcarr, 4)
April 2, 2015 Opinion or Order Filing 10 RECUSAL ORDER. Judge Keith P Ellison recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
April 1, 2015 Filing 9 STIPULATION re: Stipulation and Order to Extend Time to Respond to Plaintiff's Original Complaint by Suncor Energy (U.S.A.) Marketing, Inc., Suncor Energy Inc, filed.(Schaefer, Rafe)
March 24, 2015 Filing 8 RETURN of Service of SUMMONS Executed as to Suncor Energy (U.S.A.) Marketing, Inc. served on 3/20/2015, answer due 4/10/2015, filed.(Wahby, Peter)
March 20, 2015 Opinion or Order Filing 7 ORDER granting #6 Motion for Continuance Status Conference. Scheduling Conference reset for 5/22/2015 at 10:00 AM in Courtroom 3A Houston before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified.(amwilliams, 4)
March 19, 2015 Filing 6 MOTION for Continuance of status conference by Musket Corporation, filed. Motion Docket Date 4/9/2015. (Attachments: #1 Proposed Order proposed order)(Hopkins, Jason)
March 16, 2015 Filing 5 Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
February 5, 2015 Summons Issued as to Suncor Energy (U.S.A.) Marketing, Inc.. Issued summons returned to plaintiff by: UPS per customer, filed.(jdav, 4)
February 5, 2015 Summons Issued as to Suncor Energy (U.S.A.) Marketing, Inc.. Issued summons returned to plaintiff by: First-class mail, filed.(jdav, 4)
February 4, 2015 Filing 4 Request for Issuance of Summons as to Suncor Energy (U.S.A.) Marketing, Inc., filed.(Wahby, Peter)
January 29, 2015 Filing 3 CERTIFICATE OF INTERESTED PARTIES by Musket Corporation, filed.(Wahby, Peter)
January 14, 2015 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/27/2015 at 09:45 AM in Courtroom 3A Houston before Judge Keith P Ellison (Signed by Judge Keith P Ellison) Parties notified.(olindoradi, 4)
January 13, 2015 Filing 1 COMPLAINT against Suncor Energy (U.S.A.) Marketing, Inc. (Filing fee $ 400 receipt number 0541-14290945) filed by Musket Corporation. (Attachments: #1 Civil Cover Sheet)(Wahby, Peter)

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Search for this case: Musket Corporation v. Suncor Energy (U.S.A.) Marketing, Inc.
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Plaintiff: Musket Corporation
Represented By: Peter K. Lacina
Represented By: Joseph Patrick Griffith
Represented By: Jason Michael Hopkins
Represented By: Peter S Wahby
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Defendant: Suncor Energy (U.S.A.) Marketing, Inc.
Represented By: Barclay Richard Nicholson
Represented By: Rafe A Schaefer
Represented By: Emery Gullickson Richards
Represented By: Brian Cody Boyle
Represented By: Laura Jean Thetford
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