Vertex Energy Operating, LLC v. Penthol LLC
| Vertex Energy Operating, LLC |
| Penthol LLC |
| 4:2020cv03901 |
| November 17, 2020 |
| US District Court for the Southern District of Texas |
| Alfred H Bennett |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 14, 2021. A more recent docket listing may be available from PACER.
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Filing 47
ORDER granting #46 Motion to Withdraw as Attorney.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 46 Unopposed MOTION for Neal A. Sarkar to Withdraw as Attorney by Vertex Energy Operating, LLC, filed. Motion Docket Date 2/2/2021. (Attachments: #1 Proposed Order)(Mensing, Todd) |
| Filing 45 SEALED MOTION for Leave to File Under Seal - Mtn to Dismiss Counterclaims by Vertex Energy Operating, LLC, filed. (Attachments: #1 Exhibit, #2 Proposed Order) (Mensing, Todd) |
| Filing 44 MOTION to Dismiss 1st, 2nd & 3rd Counterclaim by Vertex Energy Operating, LLC, filed. Motion Docket Date 1/28/2021. (Attachments: #1 Proposed Order)(Mensing, Todd) |
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Filing 43
ORDER granting #31 Motion for Leave to File.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 42 Sealed MOTION for Emergency/Expedited Hearing re: #41 MOTION to Dissolve Temporary Injunction by Penthol LLC, filed. Motion Docket Date 1/27/2021. (Attachments: #1 Exhibit A)(sanderson, 4) Filed pursuant to #38 Order of Court |
| Filing 41 Sealed MOTION to Dissolve Temporary Injunction by Penthol LLC, filed. Motion Docket Date 1/27/2021. (Attachments: #1 Exhibits A and D - Q)(sanderson, 4) *** Filed pursuant to #38 Order of Court |
| Filing 40 Sealed RESPONSE in Opposition to #14 Opposed MOTION to Dissolve Temporary Injunction, filed by Vertex Energy Operating, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(sanderson, 4) *** Filed pursuant to #37 Order of Court |
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Filing 39
ORDER granting #13 Unopposed SEALED MOTION for Leave to File Amended Answer, Defenses, and Counterclaims Under Seal.(Signed by Judge Alfred H Bennett) Parties notified.(sanderson, 4)
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Filing 38
ORDER granting #16 Sealed Motion. Copies provided to Todd Mensing, William Katz, Caitlin Gertnert by regular mail.(Signed by Judge Alfred H Bennett) Parties notified.(sanderson, 4)
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Filing 37
Sealed ORDER (GRANTING Sealed #22 Motion Signed by Judge Alfred Bennett)., filed. (sanderson, 4) (Main Document 37 replaced on 1/6/2021) (rwestmoreland, 4).
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| *** Copy of #37 Sealed Order sent by regular mail to Attys for Pltf and Dft, filed. (sanderson, 4) |
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Filing 36
ORDER granting #34 Motion for Extension of Time. The deadline for Vertex to file a motion to dismiss Penthol's counterclaims is extended to January 7, 2021; Penthol's deadline to respond to any motion to dismiss is extended to February 8, 2021. (Signed by Judge Alfred H Bennett) Parties notified.(thanniable, 4) (Main Document 36 replaced on 12/30/2020) (thanniable, 4).
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| Filing 35 RESPONSE to #31 MOTION for Leave to File Vertex's Surreply to Motion to Dissolve filed by Penthol LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Carter, Winstol) |
| Filing 34 Joint MOTION for Extension of Time Vertexs deadline to move to dismiss Penthols counterclaims by Vertex Energy Operating, LLC, filed. Motion Docket Date 1/19/2021. (Attachments: #1 Proposed Order)(Mensing, Todd) |
| Filing 33 REPLY in Support of #20 Opposed MOTION to Remand, filed by Vertex Energy Operating, LLC. (Warshauer, Jordan) |
| Filing 32 SEALED EXHIBITS re: #31 MOTION for Leave to File Vertex's Surreply to Motion to Dissolve by Vertex Energy Operating, LLC, filed. (Attachments: #1 Exhibit C) (Mensing, Todd) |
| Filing 31 MOTION for Leave to File Vertex's Surreply to Motion to Dissolve by Vertex Energy Operating, LLC, filed. Motion Docket Date 1/12/2021. (Attachments: #1 Exhibit 1 - Vertex's Surreply to Motion to Dissolve, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Mensing, Todd) |
| Filing 30 RESPONSE in Opposition to #20 Opposed MOTION to Remand, filed by Penthol LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order)(McKenney, Dina) |
| Filing 29 REPLY in Support of #14 Opposed MOTION to Dissolve Temporary Injunction, filed by Penthol LLC. (Carter, Winstol) |
| Filing 28 AO 435 TRANSCRIPT REQUEST by William M. Katz, Jr. for Transcript of Motion Hearing, 12/15/2020, Judge Alfred H. Bennett. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Mayra Malone, filed. (Katz, William) |
| Filing 27 AO 435 TRANSCRIPT REQUEST by Neal A. Sarkar for Transcript of Motion Hearing on 12/15/2020 before Judge Bennett. 3-Day turnaround requested. Court Reporter/Transcriber: Mayra Malone, filed. (Sarkar, Neal) |
| Minute Entry for proceedings held before Judge Alfred H Bennett. MOTION HEARING held on 12/15/2020 ; Motion-related deadline set re: #20 Opposed MOTION to Remand, #14 Opposed MOTION to Dissolve Temporary Injunction. Response to Motion to Remand due Monday, December 21, 2020. Motion to Dissolve and Motion to Remand taken UNDER ADVISEMENT. Appearances:Kelsi White, Jordan Warshauer, Lewis Smith, William Peterson Neal Sarkar. William M Katz, Jr, Dina Wastcoat McKenney, J Michael Bell, Todd W Mensing.(Court Reporter: M. Malone), filed.(ledwards, 4) |
| Filing 26 NOTICE of Appearance by Jordan Warshauer on behalf of Vertex Energy Operating, LLC, filed. (Warshauer, Jordan) |
| Filing 25 NOTICE of Appearance by Kelsi White on behalf of Vertex Energy Operating, LLC, filed. (White, Kelsi) |
| Filing 24 NOTICE of Appearance by Harrison Scheer on behalf of Vertex Energy Operating, LLC, filed. (Scheer, Harrison) |
| Filing 23 NOTICE of Appearance by Neal Sarkar on behalf of Vertex Energy Operating, LLC, filed. (Sarkar, Neal) |
| Filing 22 Unopposed SEALED MOTION For Leave to File Under Seal Response to Motion to Dissolve TI by Vertex Energy Operating, LLC, filed. (Attachments: #1 Unredacted attachment, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order) (Mensing, Todd) |
| Filing 21 RESPONSE in Opposition to #14 Opposed MOTION to Dissolve Temporary Injunction, filed by Vertex Energy Operating, LLC. (Attachments: #1 Exhibit Exhibit 3, #2 Exhibit Exhibit 4, #3 Exhibit Exhibit 5, #4 Exhibit Exhibit 6, #5 Exhibit Exhibit 8, #6 Exhibit Exhibit 9)(Mensing, Todd) |
| Filing 20 Opposed MOTION to Remand by Vertex Energy Operating, LLC, filed. Motion Docket Date 1/4/2021. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Proposed Order)(Mensing, Todd) |
| Filing 19 NOTICE of Appearance by Lewis A. Smith on behalf of Penthol LLC, filed. (Carter, Winstol) |
| Filing 18 NOTICE of Appearance by William R. Peterson on behalf of Penthol LLC, filed. (Carter, Winstol) |
| Filing 17 CLERKS NOTICE of Motion Hearing. The Court has scheduled a hearing in this matter December 15, 2020 at 9:00 a.m. via Zoom. Counsel will receive connection instructions the day before the setting. Parties notified, filed. (ledwards, 4) |
| ***Set/Reset Deadlines/Hearings: Motion Hearing set for 12/15/2020 at 09:00 AM in by video before Judge Alfred H Bennett (ledwards, 4) |
| Filing 16 Unopposed SEALED MOTION for Leave to File Under Seal Unredacted Versions of ECF 014 & ECF 015 by Penthol LLC, filed. (Attachments: #1 Exhibit 1 - Defendant's Mot. to Dissolve Temporary Injunction, #2 Exhibit 2 - Defendant's Mot. for Emergency/Expedited Hearing, #3 Proposed Order) (Carter, Winstol) |
| Filing 15 Opposed EMERGENCY MOTION by Penthol LLC, filed. Motion Docket Date 12/31/2020. (Attachments: #1 Declaration of Harji Gill, #2 Proposed Order)(Carter, Winstol) |
| Filing 14 Opposed MOTION to Dissolve Temporary Injunction by Penthol LLC, filed. Motion Docket Date 12/31/2020. (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Proposed Order)(Carter, Winstol) |
| Filing 13 Unopposed SEALED MOTION for Leave to File Amended Answer, Defenses, and Counterclaims Under Seal by Penthol LLC, filed. (Attachments: #1 Exhibit 1 - Unredacted Amended Answer, Defenses, and Counterclaims, #2 Exhibit 2 - Emails between counsel, #3 Proposed Order) (Katz, William) |
| Filing 12 AMENDED ANSWER to #1 Notice of Removal,, COUNTERCLAIM against Vertex Energy Operating, LLC by Penthol LLC, filed. (Katz, William) |
| Filing 11 CERTIFICATE OF INTERESTED PARTIES by Vertex Energy Operating, LLC, filed.(Sarkar, Neal) |
| Filing 10 NOTICE of Appearance by J. Michael Bell on behalf of Penthol LLC, filed. (Katz, William) |
| Filing 9 NOTICE of Appearance by Dina W. McKenney on behalf of Penthol LLC, filed. (Katz, William) |
| Filing 8 NOTICE of Appearance by Caitlin E. Gernert on behalf of Penthol LLC, filed. (Katz, William) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Penthol LLC, filed.(Katz, William) |
| Filing 6 Certificate of Service in Removed Action by Penthol LLC, filed.(Gernert, Caitlin) |
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Filing 5
ORDER granting #2 Sealed Motion..(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 4 NOTICE of Filing Amended Certificate of Conference re: #2 Opposed SEALED MOTION for Leave to File Documents Under Seal in Support of Notice of Removal [Dkt. 1] by Penthol LLC, filed. (Katz, William) |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/5/2021 at 09:30 AM in Courtroom 8C before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(JosephWellsadi, 4)
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| Filing 2 Opposed SEALED MOTION for Leave to File Documents Under Seal in Support of Notice of Removal [Dkt. 1] by Penthol LLC, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order) (Katz, William) |
| Filing 1 NOTICE OF REMOVAL from 61st Judicial District Court of Harris County, Texas, case number 2020-65269 (Filing fee $ 400 receipt number 0541-25519435) filed by Penthol LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D)(Katz, William) |
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