Aera Energy LLC et al v. US Trustee et al
| Noble Energy Inc., Aera Energy LLC and SWEPI LP |
| Memorial Production Partners LP |
| Beta Operating Company, LLC |
| 4:2018cv00412 |
| February 12, 2018 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Harris |
| Sim Lake |
| Gray H Miller |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 39
Order of USCA - PER CURIAM re: #31 Notice of Appeal ; USCA No. 18-20794. we AFFIRM, filed.(dnoriega, 1)
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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)
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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)
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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)
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| 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) |
| Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #31 Notice of Appeal USCA No. 18-20794, filed.(scastillo, 1) |
| 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) |
| 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) |
| 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) |
| Notice of Assignment of USCA No. 18-20794 re: #31 Notice of Appeal, filed.(scastillo, 1) |
| 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) |
| 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) |
| 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) |
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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)
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| *** Copy of Order (#30) entered in Bankruptcy Case No. 17-03365 under Doc. #104, filed. (sanderson, 4) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| Filing 24 Appellant's REPLY BRIEF by Aera Energy LLC, Noble Energy Inc., SWEPI LP, filed. (Attachments: #1 Appendix)(Kelley, Charles) |
| Filing 23 Appellee's BRIEF by Beta Operating Company, LLC, filed.(Smith, Emily) |
| 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). |
| 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) |
| 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) |
| 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) |
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Filing 18
ORDER Denying #2 Emergency Motion to Stay.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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| 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) |
| Filing 16 NOTICE of Reassignment. Case reassigned to Judge Gray H Miller. Parties notified, filed. (aboyd, 4) |
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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)
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| Filing 14 CERTIFICATE OF INTERESTED PARTIES by Beta Operating Company, LLC, filed.(Smith, Emily) |
| Filing 13 CERTIFICATE OF INTERESTED PARTIES by Aera Energy LLC, Noble Energy Inc., SWEPI LP, filed.(Kelley, Charles) |
| 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) |
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Filing 11
ORDER granting #7 Motion for Victor Noskov to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
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Filing 10
ORDER granting #6 Motion for Rachel Epstein to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
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Filing 9
ORDER granting #5 Motion for John Shaffer to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
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Filing 8
ORDER granting #3 Motion for Benjamin Finestone to Appear Pro Hac Vice.(Signed by Judge Sim Lake) Parties notified.(gclair, 4)
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| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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). |
| 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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