Aera Energy LLC et al v. US Trustee et al
Appellant: Noble Energy Inc., Aera Energy LLC and SWEPI LP
In Re: Memorial Production Partners LP
Appellee: Beta Operating Company, LLC
Case Number: 4:2018cv00412
Filed: February 12, 2018
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Harris
Presiding Judge: Sim Lake
Referring Judge: Gray H Miller
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2020 Opinion or Order Filing 39 Order of USCA - PER CURIAM re: #31 Notice of Appeal ; USCA No. 18-20794. we AFFIRM, filed.(dnoriega, 1)
February 5, 2020 Opinion or Order Filing 38 Order of USCA - JUDGMENT; Judgment issued as mandate 2/5/2020 re: #31 Notice of Appeal ; USCA No. 18-20794. the judgment of the district court is affirmed, filed.(dnoriega, 1)
September 6, 2019 Opinion or Order Filing 37 Order of USCA re: #31 Notice of Appeal ; USCA No. 18-20794. The court has granted the motion of Matthew A. Waring to withdraw as counsel in this case, filed.(dbenavides, 1)
April 2, 2019 Opinion or Order Filing 36 Order of USCA re: #31 Notice of Appeal ; USCA No. 18-20794. IT IS ORDERED that the motion of Western States Petroleum Association, American Petroleum Institute, and Louisiana Mid-Continent Oil and Gas Association to file brief as amicus curiae in support of appellants is GRANTED, filed.(jtabares, 1)
January 24, 2019 Filing 35 Fifth Circuit Court of Appeals LETTER advising the court has granted an extension of time to and including 3/21/2019 for filing appellant's/petitioner's brief in this case (USCA No. 18-20794), filed.(dnoriega, 1)
January 7, 2019 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #31 Notice of Appeal USCA No. 18-20794, filed.(scastillo, 1)
January 7, 2019 Electronic Access to Record on Appeal Provided re: #31 Notice of Appeal to William Adams, Lisa Geary, Charles Kelley, Nicole Saharsky, Kenneth Shaffer, Emily Smith. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 18-20794), filed.(scastillo, 1)
December 13, 2018 Filing 34 DESIGNATION of Record on Appeal by Aera Energy LLC, Noble Energy Inc., SWEPI LP, filed. (Attachments: #1 11-13-17 Transcript, #2 12-11-17 Transcript, #3 2-5-18 Transcript, #4 2-12-18 Transcript, #5 4-4-17 Transcript, #6 5-25-17 Transcript)(Kelley, Charles)
December 13, 2018 Filing 33 DKT13 TRANSCRIPT ORDER REQUEST by Appellants Aera Energy LLC, Noble Energy, Inc. and SWEPI LP/Charles S. Kelley. No hearings This order form relates to the following: #31 Notice of Appeal, filed. (Kelley, Charles)
December 12, 2018 Notice of Assignment of USCA No. 18-20794 re: #31 Notice of Appeal, filed.(scastillo, 1)
November 30, 2018 Filing 32 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #31 Notice of Appeal. Fee status: Paid, filed. (Attachments: #1 Notice of Appeal) (JenniferLongoria, 1)
November 30, 2018 Appeal Review Notes re: #31 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed.(JenniferLongoria, 1)
November 29, 2018 Filing 31 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #30 Memorandum and Order, Terminate Case by Aera Energy LLC, Noble Energy Inc., SWEPI LP (Filing fee $ 505, receipt number 0541-21371011), filed.(Kelley, Charles)
October 31, 2018 Opinion or Order Filing 30 MEMORANDUM OPINION AND ORDER affirming the decision of the bankruptcy court. Case terminated on 10/31/2018.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
October 31, 2018 *** Copy of Order (#30) entered in Bankruptcy Case No. 17-03365 under Doc. #104, filed. (sanderson, 4)
October 16, 2018 Opinion or Order Filing 29 ORDER Denying #25 Motion to reconsider; Denying #28 Motion for leave to file reply.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
October 15, 2018 Filing 28 MOTION to Expedite, MOTION for Leave to File a Reply Brief in Support of Emergency Motion to Reconsider Order Denying Stay Pending Appeal( Motion Docket Date 11/5/2018.), MOTION for Reconsideration of #2 EMERGENCY MOTION MOTION to Stay Pending Appeal, #18 Order on Motion for Emergency, Order on Motion to Stay by Aera Energy LLC, Noble Energy Inc., SWEPI LP, filed. (Attachments: #1 Proposed Order)(Kelley, Charles)
October 15, 2018 Filing 27 RESPONSE to #25 EMERGENCY MOTION MOTION for Reconsideration of #2 EMERGENCY MOTION MOTION to Stay Pending Appeal, #18 Order on Motion for Emergency, Order on Motion to Stay MOTION to Stay filed by Beta Operating Company LLC, Beta Operating Company, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(Smith, Emily)
October 9, 2018 Opinion or Order Filing 26 ORDER -. The parties shall file their response to the emergency motion for reconsideration of order denying stay pending appeal no later than noon on Monday, October 15, 2018.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
October 5, 2018 Filing 25 EMERGENCY MOTION( Motion Docket Date 10/26/2018.), MOTION for Reconsideration of #2 EMERGENCY MOTION MOTION to Stay Pending Appeal, #18 Order on Motion for Emergency, Order on Motion to Stay, MOTION to Stay by Aera Energy LLC, Noble Energy Inc., SWEPI LP, filed. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Kelley, Charles)
June 4, 2018 Filing 24 Appellant's REPLY BRIEF by Aera Energy LLC, Noble Energy Inc., SWEPI LP, filed. (Attachments: #1 Appendix)(Kelley, Charles)
May 21, 2018 Filing 23 Appellee's BRIEF by Beta Operating Company, LLC, filed.(Smith, Emily)
May 17, 2018 Filing 22 Supplement to #19 Bankruptcy Record on Appeal. The attached documents supplement the designated items to be included as the Record on Appeal in this matter, filed. (Attachments: #1 Exhibit 66-1 (Objection Regarding Withdrawal of Reference), #2 Exhibit 66-2 (Objection Regarding Withdrawal of Reference), #3 Exhibit 67-1 (Response Brief), #4 Exhibit 67-2 (Response Brief), #5 Exhibit 67-3 (Response Brief), #6 Exhibit 67-4 (Response Brief), #7 Exhibit 67-5 (Response Brief), #8 Exhibit 68 (Reply Brief), #9 Exhibit 63 (Motion for Recovery of Attorneys' Fees), #10 Exhibit 64 (Objection), #11 Exhibit 65 (Reply)) (ltien, 4).
April 20, 2018 Filing 21 Appellant's BRIEF by Aera Energy LLC, Noble Energy Inc., SWEPI LP, filed. (Attachments: #1 Appendix Vol. 1, #2 Appendix Vol. 2, #3 Appendix Vol. 3)(Kelley, Charles)
March 21, 2018 Filing 20 Notice of Docketing an Appeal under Bankruptcy Rule 8018. On 2/12/2018, the appeal was transmitted to the U.S. District Court, assigned Judge Judge Gray H Miller, Civil Action 4:18-cv-00412. All appellate filings must now be made in the United States District Court with the civil action caption and case number. Parties notified, filed. (Attachments: #1 Notice of Filing an Appeal, #2 Notice of Appeal)(LaurenWebster, 4)
March 21, 2018 Filing 19 Bankruptcy Record on Appeal. The attached documents represent all designated items to be included as the Record on Appeal in this matter, filed.(LaurenWebster, 4)
February 23, 2018 Opinion or Order Filing 18 ORDER Denying #2 Emergency Motion to Stay.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
February 22, 2018 Filing 17 REPLY in Support of #2 EMERGENCY MOTION MOTION to Stay Pending Appeal, filed by Aera Energy LLC, Noble Energy Inc., SWEPI LP. (Attachments: #1 Exhibit, #2 Exhibit)(Kelley, Charles)
February 21, 2018 Filing 16 NOTICE of Reassignment. Case reassigned to Judge Gray H Miller. Parties notified, filed. (aboyd, 4)
February 21, 2018 Opinion or Order Filing 15 ORDER OF RECUSAL. Judge Sim Lake recused. Case reassigned to Judge Gray H Miller for all further proceedings. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
February 21, 2018 Filing 14 CERTIFICATE OF INTERESTED PARTIES by Beta Operating Company, LLC, filed.(Smith, Emily)
February 21, 2018 Filing 13 CERTIFICATE OF INTERESTED PARTIES by Aera Energy LLC, Noble Energy Inc., SWEPI LP, filed.(Kelley, Charles)
February 20, 2018 Filing 12 RESPONSE in Opposition to #2 EMERGENCY MOTION MOTION to Stay Pending Appeal, filed by Beta Operating Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Smith, Emily)
February 20, 2018 Opinion or Order Filing 11 ORDER granting #7 Motion for Victor Noskov to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
February 20, 2018 Opinion or Order Filing 10 ORDER granting #6 Motion for Rachel Epstein to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
February 20, 2018 Opinion or Order Filing 9 ORDER granting #5 Motion for John Shaffer to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
February 20, 2018 Opinion or Order Filing 8 ORDER granting #3 Motion for Benjamin Finestone to Appear Pro Hac Vice.(Signed by Judge Sim Lake) Parties notified.(gclair, 4)
February 20, 2018 Filing 7 MOTION for Victor Noskov to Appear Pro Hac Vice by Beta Operating Company, LLC, filed. Motion Docket Date 3/13/2018. (Smith, Emily)
February 20, 2018 Filing 6 MOTION for Rachel Epstein to Appear Pro Hac Vice by Beta Operating Company, LLC, filed. Motion Docket Date 3/13/2018. (Smith, Emily)
February 20, 2018 Filing 5 MOTION for John Shaffer to Appear Pro Hac Vice by Beta Operating Company, LLC, filed. Motion Docket Date 3/13/2018. (Smith, Emily)
February 20, 2018 Opinion or Order Filing 4 ORDER. Counsel have until 2/21/2018 at 11:00am to submit certificate listing all persons and entities that are financially interested in the outcome of this litigation. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
February 20, 2018 Filing 3 MOTION for Benjamin Finestone to Appear Pro Hac Vice by Beta Operating Company, LLC, filed. Motion Docket Date 3/13/2018. (Smith, Emily)
February 17, 2018 Filing 2 EMERGENCY MOTION( Motion Docket Date 3/12/2018.), MOTION to Stay Pending Appeal by Aera Energy LLC, Noble Energy Inc., filed. (Attachments: #1 Exhibit 01 - Judgment - Feb 9 2018, #2 Exhibit 02 - Memorandum Opinion - Jan 19 2018, #3 Exhibit 03 - Supplement to Memorandum Opinion - Feb 9 2018, #4 Exhibit 04 - EO 13795 - Implementing an America-First Offshore Energy Strategy, #5 Exhibit 05 - BOEM Model Decommissioning Trust Agreement, #6 Exhibit 06 - Beta Trust Agreement, #7 Exhibit 07 - Beta Trust Amendment, #8 Exhibit 08 - BOEM Letter - May 3 2016, #9 Exhibit 09 - Second Amended Joint Plan Of Reorganization, #10 Exhibit 10 - Adversary Complain, #11 Exhibit 11 - Motion for Partial Summary Judgment, #12 Exhibit 12 - BOC v. Aera -- 11-13-17 Transcript, #13 Exhibit 13 - BOC v. Aera -- 12-11-17 Transcript, #14 Exhibit 14 - Order Granting Partial Summary Judgment and Denying Dismissal, #15 Exhibit 15 - Emergency Stay Order, #16 Exhibit 16 - Answer, #17 Exhibit 17 - Report and Recommendation on Withdrawal - Feb 9 2018, #18 Exhibit 18 - In re Ernst Home Center Inc., #19 Exhibit 19 - In re Jet 1 Center Inc., #20 Exhibit 20 - In re Permian Producers Drilling Inc., #21 Exhibit 21 - In re TMT Procurement Corp., #22 Exhibit 22 - Odeco Oil And Gas Co v Bonnette, #23 Exhibit 23 - In re Texas Equipment Co Inc., #24 Exhibit 24 - BOC Opposition to Stay Motion, #25 Exhibit 25 - Scarff Declaration, #26 Exhibit 26 - Stillwell Declaration, #27 Exhibit 27 - Disclosure Statement, #28 Exhibit 28 - In re Advanced Min Systems Inc., #29 Exhibit 29 - BOC Statement, #30 Exhibit 30 - In re Country Squire Associates of Carle Place LP, #31 Exhibit 31 - Houston_Beta Operating v Aera Energy_021218, #32 Exhibit 32 - In re Gleasman, #33 Exhibit 33 - In re Moreau, #34 Proposed Order Proposed Order Granting Stay)(Kelley, Charles)
February 12, 2018 Filing 1 Clerks Notice of Filing of an Appeal under Bankruptcy Rule 8009. On 2/9/18, Aera Energy LLC et al filed a notice of appeal. The appeal has been assigned to U.S. District Judge Sim Lake, Civil Action 4:18cv412. Parties notified, filed. (Attachments: #1 Notice of Appeal)(smurdock, 4) (Additional attachment(s) added on 2/12/2018: #2 Exhibits) (smurdock, 4).
February 12, 2018 02/09/2018 Receipt of Notice of Appeal(17-03365) [appeal,ntcapl] ( 298.00) Filing Fee. Receipt number 19752932. Fee amount $ 298.00. (U.S. Treasury) (smurdock, 4) (Entered: 02/12/2018)

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Appellant: Noble Energy Inc.
Represented By: Emily McLemore Smith
Represented By: Charles Stephen Kelley
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Appellant: Aera Energy LLC
Represented By: Emily McLemore Smith
Represented By: Charles Stephen Kelley
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Appellant: SWEPI LP
Represented By: Charles Stephen Kelley
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In re: Memorial Production Partners LP
Represented By: Emily McLemore Smith
Represented By: K. John Shaffer
Represented By: Philippe Z Selendy
Represented By: Corey Berman
Represented By: Gabriel A Morgan
Represented By: Rachel Elizabeth Epstein
Represented By: Edward Soto
Represented By: Benjamin I Finestone
Represented By: Sean Baldwin
Represented By: Alfredo R Perez
Represented By: Lauren Z Alexander
Represented By: Benjamin I. Finestone
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Appellee: Beta Operating Company, LLC
Represented By: Benjamin I. Finestone
Represented By: Rachel Elizabeth Epstein
Represented By: Victor Noskov
Represented By: K. John Shaffer
Represented By: Emily McLemore Smith
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