BPX Production Company v. Certain Underwriters at Lloyd's London Subscribing to CGL et al
| BPX Production Company and Petrohawk Energy Corporation |
| BPX Production Company, f/k/a Petrohawk Energy Corporation, Certain Underwriters at Lloyd's London Subscribing to CGL Policy No. ENGLO1800982, Certain Underwriters at Lloyd's, London Subscribing to Umbrella Policy No. ENGLO1800981, Certain Underwriters at Lloyd's London Subscribing to CGL and Certain Underwriters at Lloyd's London Subscribing to Umbrella |
| 4:2022cv01058 |
| April 1, 2022 |
| US District Court for the Southern District of Texas |
| Andrew M Edison |
| George C Hanks |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 45
Unopposed MOTION for Brian K. Tully and Tracy C. Temple to Withdraw as Attorney by BPX Production Company, filed. Motion Docket Date 4/10/2023. (Attachments: #1 Proposed Order proposed Order Granting Unopposed Motion to Withdraw as Counsel of Record)(Tully, Brian)
|
|
Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #34 Notice of Appeal USCA No. 23-20034, filed.(EfrainGarcia, 1)
|
|
Electronic Access to Record on Appeal Provided re: #34 Notice of Appeal to Tracy Caldwell Temple, Brian Kevin Tully, Amanda J. Kujda, Michael Carrer, John Donahue Sullivan. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 23-20034), filed.(EfrainGarcia, 1)
|
|
Filing 44
NOTICE of Change of Address by John D. Sullivan, counsel for BPX Production Company, filed. (Sullivan, John)
|
|
Filing 43
Notice of Filing of Official Transcript as to #42 Transcript. Party notified, filed. (mmarquez, 5)
|
|
Filing 42
TRANSCRIPT re: Status Conference (Via Zoom) held on August 19, 2022 before Magistrate Judge Andrew M Edison. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party John D. Sullivan Release of Transcript Restriction set for 6/12/2023., filed. (mahenry, )
|
|
Filing 41
Notice of Filing of Official Transcript as to #39 Transcript - Appeal, #40 Transcript - Appeal,. Party notified, filed. (DarleneHansen, 4)
|
|
Filing 40
APPEAL TRANSCRIPT re Hearing on Motion to Dismiss Via Video Conference held on September 19, 2022 before Magistrate Judge Andrew M Edison. Court Reporter/Transcriber Laura Wells. Ordering Party: Mr. John D. Sullivan. This transcript relates to the following: #37 Appeal Transcript Request,. Release of Transcript Restriction set for 6/5/2023., filed. (Wells, Laura)
|
|
Filing 39
APPEAL TRANSCRIPT re Hearing on Pre-Motion Conference via Video Conference held on April 29, 2022 before Magistrate Judge Andrew M Edison. Court Reporter/Transcriber Laura Wells. Ordering Party: Mr. John D. Sullivan. This transcript relates to the following: #37 Appeal Transcript Request,. Release of Transcript Restriction set for 6/5/2023., filed. (Wells, Laura)
|
|
Filing 38
USCA LETTER for the Fifth Circuit advising court reporter Laura Wells the transcript must be filed with the District Court Clerk within 30 days from the date the USCA received the purchase order (USCA No. 23-20034), filed.(jtabares, 1)
|
|
Notice of Assignment of USCA No. 23-20034 re: #34 Notice of Appeal, filed.(jtabares, 1)
|
|
Filing 37
DKT13 TRANSCRIPT ORDER REQUEST by BPX Production Company / John D. Sullivan. This is to order a transcript of Pre-Motion Conference on 4/29/2022 before Magistrate Judge Andrew M. Edison and Motion Hearing on 9/19/2022 before Magistrate Judge Andrew M. Edison. Court Reporter/Transcriber: Laura Wells. This order form relates to the following: #34 Notice of Appeal, Motion Hearing, Pre-Motion Conference,, filed. (Sullivan, John)
|
|
Filing 36
DKT13 TRANSCRIPT ORDER REQUEST by BPX Production Company / John D. Sullivan. This is to order a transcript of Status Conference on 8/19/2022 before Magistrate Judge Andrew M. Edison. Court Reporter/Transcriber: Judicial Transcribers of Texas. This order form relates to the following: Status Conference,, #34 Notice of Appeal, filed. (Sullivan, John) Electronically forwarded to Judicial Transcribers of Texas on 2/8/23. Estimated completion date: 3/9/23. Modified on 2/8/2023 (RachelWillborg, 4).
|
|
Filing 35
Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #34 Notice of Appeal. Fee status: Paid. Reporter(s): L. Wells, ERO, filed. (Attachments: #1 Notice of Appeal) (EfrainGarcia, 1)
|
|
Appeal Review Notes re: #34 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.(EfrainGarcia, 1)
|
|
Filing 34
NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by BPX Production Company (Filing fee $ 505, receipt number ATXSDC-29407354), filed. (Sullivan, John)
|
|
Filing 33
FINAL JUDGMENT. Case terminated on 1/3/2023(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
|
|
Filing 32
OPINION AND ORDER granting #19 Opposed MOTION to Dismiss Under 12(b)(6) for Failure to State a Claim. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
|
|
Filing 31
ORDER granting #30 Agreed MOTION for Extension of Time for Exchange of Initial Disclosures. Initial Disclosures due by 10/21/2022.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3)
|
|
Filing 30
Agreed MOTION for Extension of Time for Exchane of Initial Disclosures by BPX Production Company, filed. Motion Docket Date 10/26/2022. (Attachments: #1 Proposed Order (proposed) Order)(Sullivan, John)
|
|
Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on September 19, 2022. Motion Hearing held re dkt #19 . Court heard oral arguments and took dkt #19 Motion to Dismiss under advisement. Appearances: John Sullivan Plaintiff, Michael Carrer for Defendants.(Court Reporter: L. Wells), filed.(rcastro, 3)
|
|
Filing 29
DOCKET CONTROL ORDER. Amended Pleadings due by 12/1/2022. Joinder of Parties due by 12/1/2022 Pltf Expert Witness List/Expert Report due by 3/1/2023. Deft Expert Witness List/Expert Report due by 4/3/2023. Discovery due by 7/3/2023. Dispositive Motions Filing due by 8/3/2023. Responses due by 9/4/2023. Replies due by 9/19/2023. Non-Dispositive Motion Filing due by 10/2/2023. Joint Pretrial Order due by 10/13/2023. Docket Call set for 10/20/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison(Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 4)
|
|
Filing 28
LETTER OF AGREEMENT re: Agreement for Discovery by Certain Underwriters at Lloyd's London Subscribing to CGL, filed. (Attachments: #1 Exhibit A - DCO)(Kujda, Amanda)
|
|
Filing 27
NOTICE of Setting as to #19 Opposed MOTION to Dismiss Under 12(b)(6) for Failure to State a Claim. Parties notified. Motion Hearing set for 9/19/2022 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 4)
|
|
Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on August 19, 2022. Status Conference held. Judge Edison briefly described his procedures. Initial Disclosures currently due October 7, 2022. Parties to confer on the Section 541 claim. If Defendant seeks an abatement of the lawsuit, a letter requesting such relief is due 8/23/22 with a response due 8/26/2022. Parties are also to submit a proposed Docket Control Order by 8/24/22. Appearances: John Sullivan for Plaintiff, Michael Carrer and Amanda Kujda for Defendants. (ERO: yes), filed.(rcastro, 4)
|
|
Filing 26
NOTICE of Setting. Parties notified. Status Conference set for 8/19/2022 at 01:00 PM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 4)
|
|
Filing 25
ORDER TO TRANSFER. It is hereby ORDERED that this case is reassigned to the docket of United States Magistrate Judge Andrew M. Edison to conduct all further proceedings, including final judgment. The scheduling conference set for August 24, 2022 is cancelled. Judge George C Hanks, Jr no longer assigned to the case. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
|
|
Filing 24
JOINT DISCOVERY/CASE MANAGEMENT PLAN by BPX Production Company, filed.(Sullivan, John)
|
|
Filing 23
REPLY to Response to #19 Opposed MOTION to Dismiss Under 12(b)(6) for Failure to State a Claim, filed by Certain Underwriters at Lloyd's London Subscribing to CGL, Certain Underwriters at Lloyd's London Subscribing to Umbrella. (Kujda, Amanda)
|
|
Filing 22
PROPOSED ORDER re: #21 Response in Opposition to Motion,, filed.(Sullivan, John)
|
|
Filing 21
RESPONSE in Opposition to #19 Opposed MOTION to Dismiss Under 12(b)(6) for Failure to State a Claim, filed by BPX Production Company. (Attachments: #1 Exhibit A - Umbrella Policy, #2 Exhibit B - Demand Letter, #3 Exhibit C - Denial Letter, #4 Affidavit Affidavit of John D. Sullivan)(Sullivan, John)
|
|
Filing 20
NOTICE of Resetting as to #3 Order for Initial Conference - FORM,. Parties notified. Initial Conference reset for 8/24/2022 at 09:00 AM in by video before Magistrate Judge Andrew M Edison, filed. (agould, 3)
|
|
Filing 19
Opposed MOTION to Dismiss Under 12(b)(6) for Failure to State a Claim by Certain Underwriters at Lloyd's London Subscribing to CGL, Certain Underwriters at Lloyd's London Subscribing to Umbrella, filed. Motion Docket Date 7/14/2022. (Attachments: #1 Exhibit A - Primary Policy [Redacted], #2 Exhibit B - Umbrella Policy [Redacted], #3 Exhibit C - MSA [Redacted], #4 Exhibit D - Bankruptcy Order, #5 Affidavit, #6 Proposed Order)(Kujda, Amanda)
|
|
Filing 18
First AMENDED COMPLAINT against Certain Underwriters at Lloyd's London Subscribing to CGL, Certain Underwriters at Lloyd's London Subscribing to Umbrella filed by BPX Production Company.(Sullivan, John)
|
|
Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on April 29, 2022. Pre-motion Conference held (re dkt #11 ). Plaintiff is granted leave to amend complaint, due 5/27/22; Defendant to file Answer or motion to dismiss by 6/24/22; Response to motion to dismiss must be submitted by 7/15/22, Reply due 7/22/22. Appearances: John Sullivan for Plaintiff, Michael Carrer and Amanda Kujda for Defendants. (Court Reporter: L. Wells), filed. (rcastro, 4)
|
|
Filing 17
NOTICE of Appearance by Michael E. Carrer on behalf of Certain Underwriters at Lloyd's London Subscribing to CGL, Certain Underwriters at Lloyd's London Subscribing to Umbrella, filed. (Carrer, Michael)
|
|
Filing 16
RESPONSE to #11 REQUEST for pre-motion conference , filed by BPX Production Company. (Sullivan, John)
|
|
Filing 15
NOTICE of Setting re: #11 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 4/29/2022 at 11:00 AM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 4)
|
|
Filing 14
NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re: #11 REQUEST for pre-motion conference, filed. (bthomas, 4)
|
|
Filing 13
NOTICE of Appearance by Michael E. Carrer on behalf of Certain Underwriters at Lloyd's London Subscribing to CGL, Certain Underwriters at Lloyd's London Subscribing to Umbrella, filed. (Kujda, Amanda)
|
|
Filing 12
CERTIFICATE OF INTERESTED PARTIES by BPX Production Company, filed.(Sullivan, John)
|
|
Filing 11
REQUEST for pre-motion conference, filed.(Kujda, Amanda)
|
|
Filing 10
CERTIFICATE OF INTERESTED PARTIES by Certain Underwriters at Lloyd's London Subscribing to CGL, Certain Underwriters at Lloyd's London Subscribing to Umbrella, filed.(Kujda, Amanda)
|
|
Filing 9
CORPORATE DISCLOSURE STATEMENT by BPX Production Company identifying BP P.L.C. as Corporate Parent, filed.(Sullivan, John)
|
|
The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4)
|
|
Filing 8
DEMAND for Trial by Jury by BPX Production Company, filed.(Sullivan, John)
|
|
Filing 7
NOTICE of Appearance by Brian K. Tully on behalf of BPX Production Company, filed. (Tully, Brian)
|
|
Filing 6
NOTICE of Appearance by Tracy C. Temple on behalf of BPX Production Company, filed. (Temple, Tracy)
|
|
Filing 5
NOTICE of Appearance by John D. Sullivan on behalf of BPX Production Company, filed. (Sullivan, John)
|
|
Filing 4
ORDER granting #2 Motion for Extension of Time to Answer. (The Defendants' to Respond to Plaintiff's Original Petition on or before April 25, 2022). (Signed by Judge George C Hanks, Jr.) Parties notified.(bthomas, 4)
|
|
Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/24/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(BrandisIsom, 4)
|
|
Filing 2
Unopposed MOTION for Extension of Time for Defendants to Respond to Plaintiff's Original Petition by Certain Underwriters at Lloyd's London Subscribing to CGL, filed. Motion Docket Date 4/26/2022. (Attachments: #1 Proposed Order Granting Unopposed Motion for Extension of Time for Defendants to Respond to Plaintiff's Original Petition)(Kujda, Amanda)
|
|
Filing 1
NOTICE OF REMOVAL from Harris County District Court, case number 334 (Filing fee $ 402 receipt number ATXSDC-27967171) filed by Certain Underwriters at Lloyd's, London Subscribing to Umbrella Policy No. ENGLO1800981, Certain Underwriters at Lloyd's London Subscribing to CGL Policy No. ENGLO1800982. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Kujda, Amanda)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
