U.S. Energy Corp. et al v. Apeg Energy II, LP et al
| Energy One, LLC, U.S, Energy Corp. and U.S. Energy Corp. |
| Apeg Energy II, LP and Apeg Energy II GP, LLC |
| David A. Veltri and John C. Hoffman |
| Audit Committee for U.S. Energy Corp. Board of Directors |
| 4:2019cv00754 |
| March 4, 2019 |
| US District Court for the Southern District of Texas |
| Lynn N Hughes |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 1, 2019. A more recent docket listing may be available from PACER.
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| Filing 54 Request for Issuance of Summons as to John C. Hoffman, filed.(Kelley, Charles) |
| Filing 53 Summons Issued as to David A. Veltri. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) |
Filing 52
ORDER Lifting Stay. This case is no longer stayed. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 50 Request for Issuance of Summons as to John C. Hoffman, David A. Veltri, filed.(Kelley, Charles) |
| Filing 51 NOTICE of Appearance and Denial of Claims for Damages, filed. (dgonzalez, 5) |
| Filing 49 STATUS REPORT by Audit Committee for U.S. Energy Corp. Board of Directors, filed.(Kelley, Charles) |
| Filing 48 THIRD PARTY COMPLAINT against David A. Veltri, John C. Hoffman filed by U.S. Energy Corp., Energy One, LLC.(Kelley, Charles) |
| Filing 47 ANSWER to #38 Counterclaim by Energy One, LLC, U.S. Energy Corp., filed.(Kelley, Charles) |
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Filing 46
Amended ORDER on Jurisdiction. Because this court has jurisdiction over US Energy and Energy One, that jurisdiction extends to all of the plaintiffs' property - including its cash. First Interstate Bank must acknowledge Ryan Smith as both company's signatory. The Bank will not be liable to US Energy or Energy One for actions taken in compliance with this order. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 45 NOTICE of Subpoena to Independent Counsel for the Audit Committee for Plaintiff U.S. Energy Corp by Apeg Energy II, LP, filed. (Kraus, Jason) |
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Filing 44
ORDER on Jurisdiction. Because this court has jurisdiction over US Energy that jurisdiction extends to all of its property - including cash. First Interstate Bank must acknowledge Ryan Smith as the company's signatory. The Bank will not be liable to US Energy for actions taken in compliance with this order. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 43
ORDER TO SHOW CAUSE terminating #33 . If by 5/6/2019, David Veltri and John Hoffman have not consented to Ryan Smith's appointment as signatory to the company's First Interstate Bank accounts, then a show cause hearing will be held and both must appear. Show Cause Hearing set for 5/7/2019 at 01:30 PM in Courtroom 11C before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 42 Notice of Filing of Official Transcript as to #41 Transcript. Party notified, filed. (mmapps, 4) |
| Filing 41 TRANSCRIPT re: Pretrial Conference held on 4/9/19 before Judge Lynn N Hughes. Court Reporter Heather Alcaraz. Ordering Party Neil Arney. Release of Transcript Restriction set for 7/16/2019, filed. (halcaraz, ) |
| Filing 40 AO 435 TRANSCRIPT REQUEST by Neil L. Arney for Transcript of Pretrial Conference held on 4/9/19 before Judge Lynn N. Hughes. 3-Day turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (jtabares, 1) |
| Filing 39 Minute Entry for PRETRIAL CONFERENCE held before Judge Lynn N Hughes on 4/9/2019. Internal review set for 4/15/2019. Appearances: Charles Kelley, Christopher Watts, Jason Kraus. (Court Reporter: H. Alcaraz) (ghassan, 4) |
| Filing 38 COUNTERCLAIM against Energy One, LLC, U.S. Energy Corp. filed by Apeg Energy II GP, LLC, Apeg Energy II, LP.(Kraus, Jason) |
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Filing 37
Order: Pretrial Conference set for 4/9/2019 at 03:00 PM in Room 11122 before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 36 JOINDER in #35 Unopposed MOTION Motion for Status Conference , filed by Audit Committee for U.S. Energy Corp. Board of Directors. (Watts, Christopher) |
| Filing 35 Unopposed MOTION Motion for Status Conference by Apeg Energy II GP, LLC, Apeg Energy II, LP, filed. Motion Docket Date 4/29/2019. (Kraus, Jason) |
| Filing 34 RESPONSE to #33 First MOTION for Order to Show Cause as to Why Plaintiffs and the Audit Committee are intentionally violating Orders from this Court filed by Audit Committee for U.S. Energy Corp. Board of Directors. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Watts, Christopher) |
| Filing 33 First MOTION for Order to Show Cause as to Why Plaintiffs and the Audit Committee are intentionally violating Orders from this Court by Apeg Energy II GP, LLC, Apeg Energy II, LP, filed. Motion Docket Date 4/15/2019. (Attachments: #1 Exhibit Exhibit 1 - email from Ken Witt)(Kraus, Jason) |
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Filing 32
ORDER on Funds. Prosperity Bank may allow Apeg Energy access to the account #30 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 31
Order on Stay. This case is stayed until April 29, 2019. (Signed by Judge Lynn N Hughes) Parties notified.(kpicota, 4)
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| Filing 30 Unopposed EMERGENCY MOTION by Apeg Energy II, LP, filed. Motion Docket Date 4/9/2019. (Kraus, Jason) |
| Filing 29 REPLY in Support of #22 EMERGENCY MOTION MOTION to Strike Notice of Dismissal, Retain Jurisdiction and/or Consider Relief Requested in Motion Requesting Company Protections, filed by Audit Committee for U.S. Energy Corp. Board of Directors. (Attachments: #1 Proposed Order)(Watts, Christopher) |
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Filing 28
ORDER Denying Dismissal. The notice of dismissal filed by U.S. Energy Corporation is ineffective and struck. #21 This court's jurisdiction subsists. #22 By 3/18/19, U.S.,Energy's AuditCommittee must tell the court (a) why this lawsuit should not be dismissed, (b) what claims remain, and (c) whether Mayer Brown, LLP, will be representmg both U.S., Energy and Energy One, or only the Audit Committee if this case continues. (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4)
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Filing 27
ORDER on Withdrawal. Kutack Rock, LLP, is withdrawn as counsel for U.S., Energy and Energy One, LLC. terminate #25 .(Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4)
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| Filing 26 RESPONSE to #22 EMERGENCY MOTION MOTION to Strike Notice of Dismissal, Retain Jurisdiction and/or Consider Relief Requested in Motion Requesting Company Protections filed by Energy One, LLC, U.S. Energy Corp.. (Arney, Neil) |
| Filing 25 MOTION for Neil L. Arney/Adam L. Hirsch to Withdraw as Attorney by Energy One, LLC, U.S. Energy Corp., filed. Motion Docket Date 4/4/2019. (Attachments: #1 Proposed Order)(Arney, Neil) |
| Filing 24 RESPONSE to #22 EMERGENCY MOTION MOTION to Strike Notice of Dismissal, Retain Jurisdiction and/or Consider Relief Requested in Motion Requesting Company Protections filed by Apeg Energy II GP, LLC, Apeg Energy II, LP. (Kraus, Jason) |
| Filing 23 ANSWER to #1 State Court Petition/Notice of Removal by Apeg Energy II GP, LLC, Apeg Energy II, LP, filed.(Kraus, Jason) |
| Filing 22 EMERGENCY MOTION, MOTION to Strike Notice of Dismissal, Retain Jurisdiction and/or Consider Relief Requested in Motion Requesting Company Protections( Motion Docket Date 4/3/2019.) by Audit Committee for U.S. Energy Corp. Board of Directors, filed. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Kelley, Charles) |
| Filing 21 NOTICE of Dismissal as to All Defendants by U.S. Energy Corp., Energy One, LLC, filed. (Dacus, Stephen) |
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Filing 20
Management ORDER. Ryan Smith must be appointed the signatory on all U.S., Energy Corp., bank accounts. #15 #16 #17 . U.S., Energy's disbursements must be approved, in advanced writing, by the audit committee. Michael Hirsch is withdrawn as counsel. terminate #18 #19 (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4)
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| Filing 19 PROPOSED ORDER re: #18 MOTION for Michael A. Hirsch to Withdraw as Attorney, filed.(Hirsch, Michael) |
| Filing 18 MOTION for Michael A. Hirsch to Withdraw as Attorney by Energy One, LLC, U.S. Energy Corp., filed. Motion Docket Date 4/1/2019. (Hirsch, Michael) |
| Filing 17 RESPONSE in Opposition to #15 EMERGENCY MOTION MOTION for Company Protections Necessary for Releasing Funds Pending Internal Investigation, filed by Energy One, LLC, U.S. Energy Corp.. (Attachments: #1 Exhibit Consent of Board of Directors, #2 Exhibit Memorandum, #3 Exhibit U S Energy Corp Filing)(Hirsch, Michael) |
| Filing 16 RESPONSE to #15 EMERGENCY MOTION MOTION for Company Protections Necessary for Releasing Funds Pending Internal Investigation filed by Apeg Energy II GP, LLC, Apeg Energy II, LP. (Kraus, Jason) |
| Filing 15 EMERGENCY MOTION, MOTION for Company Protections Necessary for Releasing Funds Pending Internal Investigation( Motion Docket Date 3/29/2019.) by Audit Committee for U.S. Energy Corp. Board of Directors, filed. (Attachments: #1 Exhibit 1, #2 Proposed Order Supplement to Court's March 8 Order on Funds)(Kelley, Charles) |
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Filing 14
Management ORDER. Apeg Energy II must immediately give US Energy access to the excess funds seized. Apeg must immediately give US Energy access to the account as ordered. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 13
Management ORDER. By 3/8/2019, Apeg must give the court's case manager the contact information for its out-of-state counsel. By 3/11/2019, US Energy must give the court reports detailing all of its bank accounts. By 3/14/2019, Apeg Energy II must return the completed registration questionnaire. The motion to remand is denied #4 . After reviewing the reports, the court will decide how much must be deposited into the court's registry. Internal review set for 3/18/2019. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 12 Minute Entry for HEARING held before Judge Lynn N Hughes on 3/7/2019. Order to be entered. Appearances: Jason Kraus, Neil Arney, Michael Hirsch. (Court Reporter: K. Miller) (ghassan, 4) |
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Filing 11
ORDER allowing Adam L. Hirsch to Appear Pro Hac Vice. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 10
ORDER allowing Neil L. Arney to Appear Pro Hac Vice. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 9 RESPONSE in Opposition to #4 MOTION to Remand, filed by Apeg Energy II GP, LLC, Apeg Energy II, LP. (Attachments: #1 List of Limited Partners)(Kraus, Jason) |
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Filing 8
Management ORDER. By 3:30 p.m. on 3/7/2019, Apeg Energy II must respond to the motion to remand. The temporary restraining order is vacated. The money must stay in the account it is in now #2 . Kraus must, in writing, tell his clients and colleagues that the moeny may not be withdrawn from the account or moved to another account. Hearing on the motion to remand is set for 3/7/2019 at 04:00 PM in Courtroom 11C before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 7 Minute Entry for HEARING held before Judge Lynn N Hughes on 3/5/2019. Order to be entered. Appearances: Michael Hirsch, Jason Kraus. (Court Reporter: L. Wells) (ghassan, 4) |
| Filing 6 RESPONSE in Opposition to #2 EMERGENCY MOTION MOTION to Modify Temporary Restraining Order MOTION to Stay Temporary Restraining Order, filed by Energy One, LLC, U.S, Energy Corp.. (Hirsch, Michael) |
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Filing 5
Order: Hearing set for 3/5/2019 at 02:30 PM at Courtroom 11C before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 4 MOTION to Remand by Energy One, LLC, U.S, Energy Corp., filed. Motion Docket Date 3/26/2019. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Proposed Order Order Remanding Action To State Court)(Hirsch, Michael) |
| Filing 3 NOTICE in a Removed or Transferred Case(Signed by Judge Lynn N Hughes) Parties notified.(ckrus, 4) |
| Filing 2 EMERGENCY MOTION, MOTION to Modify Temporary Restraining Order ( Motion Docket Date 3/25/2019.), MOTION to Stay Temporary Restraining Order by Apeg Energy II GP, LLC, Apeg Energy II, LP, filed. (Attachments: #1 Declaration of Patrick Duke, #2 Notice of Default, #3 Second Notice of Default, #4 DACA and Demand Letter, #5 State Court TRO, #6 Original Complaint)(Kraus, Jason) |
| Filing 1 NOTICE OF REMOVAL from 190th Judicial District Court, case number 2019-15528 (Filing fee $ 400 receipt number 0541-21980167) filed by Apeg Energy II GP, LLC. (Attachments: #1 Exhibit Exhibit 1)(Kraus, Jason) |
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