HEI Resouces East OMG, Joint Venture vs S. Levon Evans, Jr., et al.
Plaintiff: HEI Resources East OMG
3Rd Party Defendant: HEI Resources, Inc., Reed Cagle, Heartland Energy Land Operating, L.P and Heartland Energy of Colorado, LLC
3Rd Party Plaintiff: Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc. and S. Lavon Evans, Jr. Operating Co., Inc.
Case Number: 5:2007cv00062
Filed: May 17, 2007
Court: US District Court for the Southern District of Texas
Office: Laredo Office
County: Webb
Presiding Judge: Diana Saldana
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on December 13, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2011 Filing 246 STIPULATION of Dismissal With Prejudice by Reed Cagle, HEI Resources, Inc., Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order Proposed Order)(Wisenbaker, Jr, Donnie)
December 12, 2011 Opinion or Order Filing 245 ORDER FOR AMENDED STIPULATION. (Signed by Judge Diana Saldana) Parties notified. (dmorales)
December 9, 2011 Filing 244 STIPULATION of Dismissal with Prejudice by E&D Services, Inc., HEI Resources East OMG, S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., filed. (Attachments: #1 Proposed Order)(Hood, Lori)
April 20, 2011 Filing 243 Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: #221 Notice of Appeal, (USCA No. 09-41046), filed. (dmorales)
March 29, 2011 Opinion or Order Filing 242 ORDER REASSIGNING CASE. Case reassigned to Judge Diana Saldana for all further proceedings. Visiting Judge Joseph M. Hood no longer assigned to the case.(Signed by Visiting Judge Joseph M. Hood) Parties notified.(gsalinas)
March 21, 2011 Opinion or Order Filing 241 Order of USCA re: #204 Notice of Appeal, ; USCA No. 09-41046. The summary judgment is REVERSED AND REMANDED for further proceedings as the district court may deem appropriate., filed. (dmorales)
March 21, 2011 Filing 240 Judgment of USCA re: #204 Notice of Appeal, ; USCA No. 09-41046. It is ordered and adjudged that the judgment of the District Court is reversed, and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court. Case reopened on 3/21/11, filed. (dmorales)
July 27, 2010 Filing 239 Transmittal Letter on Appeal Certified re: #221 Notice of Appeal, #204 Notice of Appeal,. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 10 volumes. CDs containing the electronic record are being sent to appellant. (USCA No. 09-41046), filed. (dmorales)
May 3, 2010 Filing 238 NOTICE, filed. (dmorales)
April 30, 2010 Writ of Garnishment Issued, filed. (dmorales)
April 29, 2010 Opinion or Order Filing 237 ORDER granting #230 Motion for Writ of Garnishment. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
April 28, 2010 Filing 236 NOTICE of Filing re: #230 MOTION for Writ of Garnishment by HEI Resources East OMG, filed. (Hood, Lori)
April 26, 2010 Filing 235 NOTICE of FILING re: #230 MOTION for Writ of Garnishment by HEI Resources East OMG, filed. (Hood, Lori)
April 26, 2010 Filing 234 NOTICE OF FILING re: #230 MOTION for Writ of Garnishment by HEI Resources East OMG, filed. (Hood, Lori) Modified on 4/26/2010 (mrios, ). Unsigned PDF. See corrected entry number #235
April 26, 2010 Filing 233 NOTICE of Filing re: #230 MOTION for Writ of Garnishment by HEI Resources East OMG, filed. (Hood, Lori) Modified on 4/26/2010 (mrios, ). Unsigned PDF. See corrected entry number #235
April 16, 2010 Filing 232 PROPOSED ORDER re: #230 MOTION for Writ of Garnishment, filed.(Hood, Lori)
April 13, 2010 Opinion or Order Filing 231 ORDER. It is ORDERED that Plaintiff file a proposed writ of garnishment as a "Notice of Filing," which comports with Tex. R. Civ. P. 657-79 and Tex. Civ. Prac. & Rem. Code 61.001, for the Court's review. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
March 26, 2010 Filing 230 MOTION for Writ of Garnishment by HEI Resources East OMG, filed. Motion Docket Date 4/16/2010. (Attachments: #1 Exhibit)(Hood, Lori)
March 22, 2010 Filing 229 Electronic record on appeal sent to Bryan Nelson P.A. re: #221 Notice of Appeal,. (USCA No. 09-41046), filed. (dmorales)
March 12, 2010 Electronic supplemental record on appeal certified to the Fifth Circuit Court of Appeals re: #221 Notice of Appeal, USCA No. 09-41046, filed. (dmorales)
March 4, 2010 Filing 228 DESIGNATION of Record on Appeal by E&D Services, Inc., S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., filed.(Davila, Emilio)
February 26, 2010 Filing 227 NOTICE of Post-Judgment Oral Deposition of S. Lavon Evans, Jr., Individually and Request for Production of Documents by HEI Resources East OMG, filed. (Hood, Lori)
February 26, 2010 Filing 226 NOTICE of Post-Judgment Oral Deposition of E & D Services, Inc. and Request for Production of Documents by HEI Resources East OMG, filed. (Hood, Lori)
February 26, 2010 Filing 225 NOTICE of Post-Judgment Oral Deposition of S. Lavon Evans, Jr., Operating Co., Inc. and Request for Production of Documents by HEI Resources East OMG, filed. (Hood, Lori)
February 25, 2010 Filing 224 Notice of Assignment of USCA No. 09-41046 re: #221 Notice of Appeal, filed. (dmorales) Modified on 2/26/2010 (dmorales).
February 25, 2010 Filing 223 Abstract of Judgment Issued, filed.(bdaniel, )
February 15, 2010 Filing 222 Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #221 Notice of Appeal, filed. (dmorales)
February 15, 2010 Filing 221 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by E&D Services, Inc., S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp. (Filing fee $ 455, receipt number 0541-6010013), filed.(Davila, Emilio) (Additional attachment(s) added on 2/26/2010: #1 Signed NOA) (dmorales, ).
February 10, 2010 Filing 220 AMENDED JUDGMENT. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
February 10, 2010 Opinion or Order Filing 219 MEMORANDUM OPINION AND ORDER granting Plaintiff's #200 MOTION for determination of damages and modification of judgment. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
January 21, 2010 Filing 218 Electronic record on appeal sent to Law office of Johnson, Trent, West & Taylor, L.L.P. re: #204 Notice of Appeal,. (USCA No. 09-41046), filed. (dmorales)
January 12, 2010 Opinion or Order Filing 217 MEMORANDUM OPINION AND ORDER granting Defendants' #202 MOTION to Stay of Execution, effective at such time as the Court approves the supersedeas bond. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales) Modified text on 1/14/2010 (dmorales).
December 18, 2009 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #204 Notice of Appeal, USCA No. 09-41046, filed. (dmorales)
November 20, 2009 Filing 216 OBJECTIONS, filed by E&D Services, Inc., S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp.. (Davila, Emilio)
November 13, 2009 Filing 215 Sealed Event, filed. (With attachments)
November 13, 2009 Filing 214 SUPPLEMENT to #200 MOTION to Modify Motion for Determination of Damages, including Exemplary Damages and for modification and entry of judgment as to #199 Judgment,, MOTION to Modify Motion for Determination of Damages, including Exemplary Damages and for modification and entry of judgment as to #199 Judgment,, by HEI Resources East OMG, filed.(Hood, Lori)
November 13, 2009 Filing 213 BILL OF COSTS in total amount $20,026.62 by HEI Resources East OMG, filed. (Attachments: #1 Continuation Support 2007, #2 Continuation Support 2008, #3 Continuation Support 2009)(Hood, Lori)
October 29, 2009 Opinion or Order Filing 212 ORDER. Plaintiff has filed a Motion for Determination of Damages and Modification of Judgment. It is ORDERED: (1) that, on or before Friday, November 13, 2009, Plaintiff shall FILE a Bill of Costs prepared in the format provided for in Form AO 133, as well as an attached itemization of, and any documentation for, those and any other costs for which Plaintiff seeks an award. (2) that, on or before Friday, November 13, 2009, Plaintiff shall SUBMIT to the Court, for in camera review, unredacted copies of any documentation offered in support of its motion for costs and attorney's fees. (3) that any objections shall be filed on or before Friday, November 6, 2009. (Signed by Judge Joseph M. Hood) Parties notified. (dmorales)
October 27, 2009 Opinion or Order Filing 211 ORDER granting #201 Unopposed Motion to Withdraw as Counsel. Attorney Julia Wommack Mann, Robert L Soza, Jr, and Marc K. Whyte terminated. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
October 22, 2009 Filing 210 Notice of Assignment of USCA No. 09-41046 re: #204 Notice of Appeal,, filed. (dmorales)
October 21, 2009 Filing 209 DKT-13 TRANSCRIPT ORDER FORM by Emilio Davila, Jr. Transcripts are already on file in Clerks office. This order form relates to the following: #204 Notice of Appeal,, filed. (dmorales)
October 19, 2009 Filing 208 DESIGNATION of Record on Appeal by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed.(Davila, Emilio)
October 16, 2009 Filing 207 REPLY in Support of #200 MOTION to Modify Motion for Determination of Damages, including Exemplary Damages and for modification and entry of judgment as to #199 Judgment,, MOTION to Modify Motion for Determination of Damages, including Exemplary Damages and for modification and entry of judgment as to #199 Judgment,,, filed by HEI Resources East OMG. (Hood, Lori)
October 14, 2009 Filing 206 RESPONSE to #202 MOTION to Stay of Execution, filed by HEI Resources East OMG. (Hood, Lori)
October 9, 2009 Filing 205 Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant (2 copies). Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #204 Notice of Appeal,, filed. (dmorales)
October 9, 2009 Filing 204 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc. (Filing fee $ 455, receipt number 05410000000005580032), filed.(Davila, Emilio)
October 5, 2009 Filing 203 RESPONSE to #200 MOTION to Modify Motion for Determination of Damages, including Exemplary Damages and for modification and entry of judgment as to #199 Judgment,, MOTION to Modify Motion for Determination of Damages, including Exemplary Damages and for modification and entry of judgment as to #199 Judgment,,, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Davila, Emilio)
October 5, 2009 Filing 202 MOTION to Stay of Execution by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 10/26/2009. (Attachments: #1 Affidavit)(Davila, Emilio)
October 1, 2009 Filing 201 Unopposed MOTION for Robert L. Soza, Jr., Julia W. Mann, and Marc K. Whyte to Withdraw as Attorney by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 10/21/2009. (Attachments: #1 Exhibit A, #2 Proposed Order)(Whyte, Marc)
September 14, 2009 Filing 200 MOTION to Modify Motion for Determination of Damages, including Exemplary Damages and for modification and entry of judgment as to #199 Judgment,, by HEI Resources East OMG, filed. Motion Docket Date 10/7/2009. (Attachments: #1 Exhibit A, #2 Exhibit A (attachment))(Hood, Lori)
September 11, 2009 Opinion or Order Filing 199 JUDGMENT. It is ORDERED: (1) That the Plaintiff recover from the Defendants the sum of $2,700,000 plus costs. (2) That this action be, and the same hereby is, STRICKEN FROM THE ACTIVE DOCKET. (3) That all pending motions be, and the same hereby are, DENIED AS MOOT. (4) That all scheduled proceedings be, and the same hereby are, CONTINUED GENERALLY. (5) That this Order is FINAL AND APPEALABLE and THERE IS NO JUST CAUSE FOR DELAY. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
September 9, 2009 Opinion or Order Filing 198 MEMORANDUM AND ORDER dismissing without prejudice Third-Party Complaint. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
September 3, 2009 Filing 197 RESPONSE TO #195 ORDER TO SHOW CAUSE, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wisenbaker, Jr, Donnie)
September 2, 2009 Filing 196 RESPONSE TO ORDER TO SHOW CAUSE, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Attachments: #1 Exhibit, #2 Exhibit)(Davila, Emilio)
August 24, 2009 Opinion or Order Filing 195 MEMORANDUM OPINION AND ORDER. It is ORDERED that no later than ten (10) days from the entry of this Order, the parties to the Third-Party action shall SHOW CAUSE as to why the Third-Party Complaint should not be dismissed without prejudice because it was not properly brought under Fed. R. Civ. P. 14. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
August 24, 2009 Opinion or Order Filing 194 MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' #150 Motion for Summary Judgment; granting in part and denying in part Plaintiff's #169 Motion for Partial Summary Judgment. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales) Modified title on 8/24/2009 (dmorales).
August 10, 2009 Filing 193 First AMENDED ANSWER to #188 Amended Complaint/Counterclaim/Crossclaim etc.,, COUNTERCLAIM against Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle, filed. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit B)(Wisenbaker, Jr, Donnie)
July 28, 2009 Opinion or Order Filing 192 ORDER denying Plaintiff's #135 Motion for Leave to File Second Amended Complaint. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
July 24, 2009 Opinion or Order Filing 191 ORDER denying as moot #143 Motion to Quash and objections to deposition by written questions; denying as moot #175 Motion for Protective Order. Parties SHALL REFRAIN from filing briefs in support of, or in opposition to, motions currently pending before the Court including: (i) motions for summary judgment, OR (ii) motions to extend deadlines or consider untimely motions. The Court does not require further briefing on these matters at the present time and will not consider such briefs unless authorized by the Court. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
July 23, 2009 Filing 190 RESPONSE to #189 Notice (Other), filed by HEI Resources, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Wisenbaker, Jr, Donnie)
July 23, 2009 Filing 189 NOTICE to Court of Ruling by Mississippi Court with Respect to Subpoena Issued to the Bank of Jones County by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., filed. (Attachments: #1 Exhibit)(Davila, Emilio)
July 20, 2009 Filing 188 Second AMENDED Third Party Complaint with Jury Demand against Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp..(Mann, Julia)
July 6, 2009 Opinion or Order Filing 187 MEMORANDUM OPINION AND ORDER denying #68 MOTION for Reconsideration regarding leave to join HEI Resources, Inc.'s joint venturer partners #68 be, and the same hereby is DENIED. That Third Party Defendants' #70 MOTION to Strike and motion for sanctions be, and the same hereby is GRANTED. That the Defendants/Third-Party Plaintiffs First #67 Amended Complaint Third-Party Complaint be, and the same is hereby is, STRICKEN from the record. Defendants/Third-Party Plaintiffs SHALL FILE an amended pleading conforming to this Court's prior Order no later than July 20, 2009. Third-Party Defendants shall file an amended responsive pleading (20) days after receiving the amended pleading. That Jackson Walker attorneys representing Defendants/Third-Party Plaintiffs are SANCTIONED in the amount of $6,625 pursuant to 28 USC 1927 and SHALL PAY that amount to Third-Party Defendants' attorneys no later than August 6, 2009.(Signed by Visiting Judge Joseph M. Hood) Parties notified.(gsalinas)
June 17, 2009 Opinion or Order Filing 186 ORDER TO TRANSFER (Signed by Judge George P. Kazen) Parties notified. (dmorales) Modified on 6/18/2009 (dmorales).
June 16, 2009 Filing 185 REPLY in Support of #175 Second MOTION for Protective Order, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Whyte, Marc)
June 16, 2009 Filing 184 RESPONSE to #182 MOTION to Compel and for Sanctions for Failure to Produce Bank Records, #183 MOTION for Extension of Time Discovery to Depose Ron Taylor, #181 MOTION to Compel and Motion for Sanctions for Failure to Produce Tax Records, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Whyte, Marc)
June 12, 2009 Filing 183 MOTION for Extension of Time Discovery to Depose Ron TaylorMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 7/2/2009. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Hood, Lori)
June 11, 2009 Filing 182 MOTION to Compel and for Sanctions for Failure to Produce Bank RecordsMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 7/1/2009. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Hood, Lori)
June 10, 2009 Filing 181 MOTION to Compel and Motion for Sanctions for Failure to Produce Tax RecordsMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 6/30/2009. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Hood, Lori)
June 9, 2009 Filing 180 RESPONSE to #175 Second MOTION for Protective Order, filed by HEI Resources East OMG. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R)(Hood, Lori)
June 2, 2009 Filing 179 REPLY in Support of #174 MOTION to Strike #169 MOTION for Partial Summary Judgment Pursuant to FRCP 56 and Brief in Support MOTION to Strike #169 MOTION for Partial Summary Judgment Pursuant to FRCP 56 and Brief in Support, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Whyte, Marc)
June 1, 2009 Filing 178 REPLY to #171 Response, to Heartland Parties Motion for Summary Judgment, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle. (Wisenbaker, Jr, Donnie)
May 29, 2009 Filing 177 RESPONSE to #174 MOTION to Strike #169 MOTION for Partial Summary Judgment Pursuant to FRCP 56 and Brief in Support MOTION to Strike #169 MOTION for Partial Summary Judgment Pursuant to FRCP 56 and Brief in Support, filed by HEI Resources East OMG. (Hood, Lori)
May 26, 2009 Opinion or Order Filing 176 ORDER granting #170 Motion to Withdraw as Attorneys. Attorneys Timothy D Zeiger and Steven J. Pawlowski terminated. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
May 21, 2009 Filing 175 Second MOTION for Protective OrderMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc., filed. Motion Docket Date 6/10/2009. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mann, Julia)
May 21, 2009 Filing 174 MOTION to Strike #169 MOTION for Partial Summary Judgment Pursuant to FRCP 56 and Brief in Support Motions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc., filed. Motion Docket Date 6/10/2009. (Attachments: #1 Exhibit A)(Mann, Julia)
May 21, 2009 Filing 173 Supplemental RESPONSE to #144 Response to Motion,, filed by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc.. (Mann, Julia)
May 15, 2009 Filing 172 Sealed Event, filed.
May 15, 2009 Filing 171 Supplemental RESPONSE to #78 MOTION for Partial Summary Judgment, filed by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc.. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J)(Whyte, Marc)
May 14, 2009 Filing 170 Unopposed MOTION for Timothy Zeiger and Steven Pawlowski to Withdraw as AttorneyMotions referred to Diana Saldana. by HEI Resources, Inc., filed. Motion Docket Date 6/3/2009. (Attachments: #1 Proposed Order)(Zeiger, Timothy)
May 13, 2009 Filing 169 MOTION for Partial Summary Judgment Pursuant to FRCP 56 and Brief in Support Motions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 6/2/2009. (Attachments: #1 Proposed Order, #2 Exhibit A - C)(Hood, Lori)
May 13, 2009 Filing 168 AMENDED MOTIONMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 6/2/2009. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit I, #8 Exhibit J, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Exhibit O, #14 Exhibit P, #15 Exhibit B, #16 Exhibit H)(Hood, Lori)
May 1, 2009 Filing 167 Sealed Event, filed. (With attachments)
May 1, 2009 Filing 166 RESPONSE to #150 Sealed Event, filed by HEI Resources East OMG. (Hood, Lori)
April 24, 2009 Opinion or Order Filing 165 ORDER denying as moot Evans Parties' #140 Motion for sanctions against Plaintiff and Third-Party Defendants; denying as moot #145 Motion for Extension of Time; denying as moot #133 Request to Sustain Objections to the Deposition Notices of S. Lavon Evans, Jr., Ronald R. Taylor, and Brian Bunnell. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
April 24, 2009 Opinion or Order Filing 164 ORDER granting in part and denying in part as moot #86 Motion to Compel; granting in part and denying in part as moot #87 Motion to Compel; denying #98 Motion to Strike; denying #99 Motion to Strike; denying as moot #119 Motion for Emergency; denying as moot #119 Motion for Protective Order; denying as moot #120 Motion for Protective Order; denying as moot #131 Motion for Ruling on Docket Nos. 86 and 87. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
April 21, 2009 Filing 163 REPLY in Support of #146 MOTION for Extension of Time To File Dispositive Motions, filed by HEI Resources East OMG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hood, Lori)
April 21, 2009 Filing 162 NOTICE of Partial Assignment by Scomi Oiltools, Inc., filed. (Banks, Sara)
April 21, 2009 Filing 161 NOTICE of Partial Assignment by HEI Resources East OMG, filed. (Banks, Sara)
April 21, 2009 Filing 160 REPLY in Support of #139 Sealed Event, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc.. (Mann, Julia)
April 20, 2009 Filing 159 JOINDER in #158 Response to Motion for Sanctions, and Supplemental Motion for Sanctions Against Plaintiff and HEI for Discovery Abuse, or in the Alternative, Motion to compel the Deposition Testimony of Reed Cagle and Lizanne Stableford, filed by HEI Resources, Inc.. (Wisenbaker, Jr, Donnie)
April 20, 2009 Filing 158 RESPONSE to #141 Supplemental MOTION for Sanctions, filed by HEI Resources East OMG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hood, Lori)
April 17, 2009 Filing 157 RESPONSE to #144 Response to Motion, Plaintiff's Motions To Re-Open Discovery and For Leave, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Whyte, Marc)
April 17, 2009 Filing 156 RESPONSE in Opposition to #145 MOTION for Extension of Time Response to Motion for Sanctions, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Whyte, Marc)
April 17, 2009 Filing 155 RESPONSE in Opposition to #146 MOTION for Extension of Time To File Dispositive Motions, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Whyte, Marc)
April 17, 2009 Filing 154 REPLY in Support of #135 MOTION for Leave to File Second Amended Complaint, filed by HEI Resources East OMG. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hood, Lori)
April 16, 2009 Filing 153 Attorney Vacation Designation by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed.(Mann, Julia)
April 14, 2009 Filing 152 Sealed Event, filed. (With attachments)
April 13, 2009 Filing 151 SUPPLEMENT to #78 MOTION for Partial Summary Judgment by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Wisenbaker, Jr, Donnie)
April 13, 2009 Filing 150 Sealed Event, filed. (With attachments)
April 10, 2009 Filing 149 JOINDER in #145 MOTION for Extension of Time Response to Motion for Sanctions, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle. (Wisenbaker, Jr, Donnie)
April 10, 2009 Filing 148 JOINDER in #146 MOTION for Extension of Time To File Dispositive Motions, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle. (Wisenbaker, Jr, Donnie)
April 10, 2009 Filing 147 NOTICE of Appearance by Donnie W. Wisenbaker, Jr. on behalf of Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle, filed. (Wisenbaker, Jr, Donnie)
April 9, 2009 Filing 146 MOTION for Extension of Time To File Dispositive MotionsMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 4/29/2009. (Hood, Lori)
April 9, 2009 Filing 145 MOTION for Extension of Time Response to Motion for SanctionsMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 4/29/2009. (Hood, Lori)
April 9, 2009 Filing 144 RESPONSE to #143 MOTION to Quash and Objections to the Depositions on Written Questions of The Internal Revenue Service and The Bank of Jones County, filed by HEI Resources East OMG. (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)(Hood, Lori)
April 6, 2009 Filing 143 MOTION to Quash and Objections to the Depositions on Written Questions of The Internal Revenue Service and The Bank of Jones CountyMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 4/27/2009. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Mann, Julia)
March 31, 2009 Filing 142 MOTION for Request for Hearing on Docket Nos. 139 and 140 Hearing re: #140 Sealed Event, #139 Sealed Event Motions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc., filed. Motion Docket Date 4/20/2009. (Mann, Julia)
March 31, 2009 Filing 141 Supplemental MOTION for SanctionsMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., filed. Motion Docket Date 4/20/2009. (Attachments: #1 Exhibit D Third Party Defendants Responses and Objections to Evans Parties Discovery Requests, #2 Exhibit E Plaintiff's Responses and Objections to Evans Parties Discovery Requests)(Mann, Julia)
March 25, 2009 Filing 140 Sealed Event, filed. (With attachments)
March 25, 2009 Filing 139 Sealed Event, filed. (With attachments)
March 19, 2009 Filing 138 NOTICE to Take Deposition of Laura Guerra by HEI Resources, Inc., HEI Resources East OMG, filed. (Hood, Lori)
March 18, 2009 Filing 137 NOTICE to Take Deposition of Laura Guerra by S. Lavon Evans, Jr, filed. (Davila, Emilio)
March 10, 2009 Filing 136 Second AMENDED COMPLAINT with Jury Demand against S. Lavon Evans, Jr, E&D Services, Inc., HEI Resources, Inc. filed by HEI Resources East OMG.(Hood, Lori)
March 10, 2009 Filing 135 MOTION for Leave to File Second Amended ComplaintMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 3/30/2009. (Hood, Lori)
March 4, 2009 Filing 134 Attorney Vacation Designation by HEI Resources East OMG, filed.(Hood, Lori)
February 27, 2009 Filing 133 NOTICE of Objections to the Deposition Notices of S. Lavon Evans, Jr., Ronald R. Taylor and Brian Bunnell by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc., filed. (Mann, Julia)
February 17, 2009 Filing 132 Joint RESPONSE in Opposition to #87 MOTION to Compel Discovery From HEI and American National Bank, #86 MOTION to Compel Discovery From Plaintiff and American National Bank, #131 MOTION for Entry of Order re: Docket Nos. 86 & 87, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., HEI Resources East OMG, Reed Cagle. (Hood, Lori)
February 10, 2009 Filing 131 MOTION for Entry of Order re: Docket Nos. 86 & 87Motions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 3/2/2009. (Attachments: #1 Exhibit A - District of Colorado Order Denying Third Party Defenants' Motion for Protective Order, #2 Exhibit B - District of Colorado Order Denying Third-Party Defendants' Motion for Stay, #3 Exhibit C - Letters to Counsel With Respect to Discovery, #4 Proposed Order)(Mann, Julia)
January 26, 2009 Filing 130 Notice of Filing of Official Transcript as to #129 Transcript,. Party notified, filed. (dmorales)
January 26, 2009 Filing 129 TRANSCRIPT re: Status Conference held on January 12, 2009 before Judge George P. Kazen. Court Reporter/Transcriber Leticia E. Verdin. Release of Transcript Restriction set for 4/27/2009., filed. (Attachments: #1 Continuation Pages 76-92) (lverdin, )
January 22, 2009 Opinion or Order Filing 128 ORDER denying as moot as to the computer data issue #68 Motion for Reconsideration. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
January 21, 2009 Opinion or Order Filing 127 ORDER granting in part #68 Motion for Reconsideration. (Signed by Judge George P. Kazen) Parties notified. (dmorales) Modified on 1/21/2009 (dmorales, ).
January 21, 2009 Filing 126 MEMORANDUM. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
January 20, 2009 Filing 125 Agreed PROPOSED ORDER FOR RECONSIDERATION, filed.(Davila, Emilio)
January 20, 2009 Opinion or Order Filing 124 ORDER granting in part Parties' #110 MOTION for Extension of Deadlines. Discovery re-set for 3/31/09. Dispositive motions re-set for 4/13/09. Designation of experts SUSPENDED. After the discovery deadline and after the filed motions are considered, the parties can advise the Court what type of experts are contemplated and why; denying as moot #88 MOTION for Continuance. Regarding pending #79 MOTION to Extend Summary Judgment Deadline, the Third-Party Plaintiffs will be allowed until May 15, 2009 to supplement their response to Docket No. 78 or file their own summary judgment motion. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
January 16, 2009 Opinion or Order Filing 123 ORDER Subsequent to the hearning of January 12, 2009, counsel for Defendants/Third-Party Plaintiffs delivered to the Court a draft proposed order regarding their motion for reconsideration #68 and faxed copies to opposing counsel. At the hearing, the Court clearly indicated to the parties that it wanted a draft agreed upon by them. The Court understood the parties to state that they expected no difficulty submitting an agreed order. They are DIRECTED to do so by January 22, 2009. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
January 16, 2009 Opinion or Order Filing 122 ORDER denying as moot #74 Motion for Contempt; denying as moot #76 Amended Motion for Contempt. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
January 14, 2009 Filing 121 Supplemental RESPONSE to #86 MOTION to Compel Discovery From Plaintiff and American National Bank, filed by HEI Resources East OMG. (Attachments: #1 Proposed Order)(Hood, Lori)
January 12, 2009 Minute Entry for proceedings held before Judge George P. Kazen. STATUS CONFERENCE held on 1/12/2009. The following pleadings are discussed #68, 76, 78, 86, 87 and 110. Appearances:Plaintiff's atty: Lori A. Hood / Attorney for Third Party Defendant (Heartland Energy) Mikel J. Bowers / Attorneys for Defendant: Emilio Davila, Jr., Robert Sosa, Marc Whyte; Mr. S.Lavon Evans, Jr. present.(Court Reporter: Leticia Verdin), filed.(vcaballero, )
January 8, 2009 Filing 120 MOTION for Protective OrderMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 1/28/2009. (Attachments: #1 Proposed Order)(Hood, Lori)
January 7, 2009 Filing 119 EMERGENCY MOTION, MOTION for Protective Order( Motion Docket Date 1/27/2009.)Motions referred to Diana Saldana. by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle, filed. (Attachments: #1 Proposed Order)(Bowers, Mikel)
January 6, 2009 Filing 118 REPLY to Response to #108 MOTION to Strike #78 MOTION for Partial Summary Judgment Evidence and Sur-Reply to the Heartland Parties' Motion for Summary Judgment MOTION to Strike #78 MOTION for Partial Summary Judgment Evidence and Sur-Reply to the Heartland Parties' Motion for Summary Judgment, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2)(Mann, Julia)
January 6, 2009 Filing 117 REPLY in Support of #110 Opposed MOTION for Extension of Time Discovery, Rebuttal Expert Designation, Dispostive Motion Deadline and Pre-Trial Order, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mann, Julia)
January 6, 2009 Filing 116 FIRST AMENDED ANSWER to #49 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., filed.(Mann, Julia) Modified on 5/19/2009 (dmorales).
December 29, 2008 Filing 115 Corrected RESPONSE to #112 Response to Motion,, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Bowers, Mikel)
December 24, 2008 Opinion or Order Filing 114 ORDER granting #100 Motion for Leave to File First Amended Answer..(Signed by Judge George P. Kazen) Parties notified.(kjohnson, )
December 22, 2008 Filing 113 RESPONSE to #110 Opposed MOTION for Extension of Time Discovery, Rebuttal Expert Designation, Dispostive Motion Deadline and Pre-Trial Order, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Bowers, Mikel)
December 22, 2008 Filing 112 RESPONSE to #108 MOTION to Strike #78 MOTION for Partial Summary Judgment Evidence and Sur-Reply to the Heartland Parties' Motion for Summary Judgment MOTION to Strike #78 MOTION for Partial Summary Judgment Evidence and Sur-Reply to the Heartland Parties' Motion for Summary Judgment, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Bowers, Mikel)
December 18, 2008 Filing 111 NOTICE of Setting. Parties notified. Status Conference set for 1/12/2009 at 11:00 AM in Courtroom 3A before Judge George P. Kazen, filed. (vcaballero, )
December 11, 2008 Filing 110 Opposed MOTION for Extension of Time Discovery, Rebuttal Expert Designation, Dispostive Motion Deadline and Pre-Trial OrderMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc., filed. Motion Docket Date 12/31/2008. (Attachments: #1 Proposed Order)(Mann, Julia)
December 8, 2008 Filing 109 NOTICE of Vacation by Counsel for Defendants and Third Party Plaintiffs by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. (Mann, Julia)
December 5, 2008 Filing 108 MOTION to Strike #78 MOTION for Partial Summary Judgment Evidence and Sur-Reply to the Heartland Parties' Motion for Summary Judgment Motions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 12/26/2008. (Mann, Julia)
December 5, 2008 Filing 107 RESPONSE to #96 Objections, and Motion to Strike the Evans Parties' Summary Judgment Evidence, filed by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc.. (Mann, Julia)
December 5, 2008 Filing 106 REPLY in Support of #88 MOTION for Continuance, filed by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc.. (Mann, Julia)
December 5, 2008 Filing 105 REPLY to Response to #87 MOTION to Compel Discovery From HEI and American National Bank, #86 MOTION to Compel Discovery From Plaintiff and American National Bank, filed by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mann, Julia)
December 5, 2008 Filing 104 RESPONSE to #99 MOTION to Strike #86 MOTION to Compel Discovery From Plaintiff and American National Bank, #98 MOTION to Strike #87 MOTION to Compel Discovery From HEI and American National Bank MOTION to Strike #87 MOTION to Compel Discovery From HEI and American National Bank, filed by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc.. (Attachments: #1 Exhibit A)(Mann, Julia)
December 2, 2008 Filing 103 RESPONSE to #99 MOTION to Strike #86 MOTION to Compel Discovery From Plaintiff and American National Bank, filed by HEI Resources East OMG. (Attachments: #1 Proposed Order)(Hood, Lori)
November 28, 2008 Filing 102 PROPOSED ORDER Denying Defendants/Third-Party Plaintiffs' Motion to Compel re: #101 Response to Motion, filed.(Suit, Neal)
November 28, 2008 Filing 101 RESPONSE to #87 MOTION to Compel Discovery From HEI and American National Bank, filed by HEI Resources, Inc.. (Suit, Neal)
November 21, 2008 Filing 100 MOTION for Leave to File First Amended AnswerMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc., filed. Motion Docket Date 12/11/2008. (Attachments: #1 Exhibit A)(Mann, Julia)
November 19, 2008 Filing 99 MOTION to Strike #86 MOTION to Compel Discovery From Plaintiff and American National Bank Motions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 12/9/2008. (Hood, Lori)
November 18, 2008 Filing 98 MOTION to Strike #87 MOTION to Compel Discovery From HEI and American National Bank Motions referred to Diana Saldana. by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., filed. Motion Docket Date 12/8/2008. (Attachments: #1 Proposed Order Granting HEIs Emergency Motion to Strike The Evans Parties Motion to Compel Discovery, #2 Proposed Order Granting HEIs Motion for Protective Order)(Suit, Neal)
November 18, 2008 Filing 97 RESPONSE to #88 MOTION for Continuance, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Attachments: #1 Proposed Order Denying Third-Party Plaintiffs' Motion for Continuance)(Suit, Neal)
November 17, 2008 Filing 96 OBJECTIONS TO AND MOTION TO STRIKE SUMMARY JUDGMENT EVIDENCE SUBMITTED BY THIRD PARTY PLAINTIFFS, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Attachments: #1 Proposed Order)(Suit, Neal)
November 17, 2008 Filing 95 RESPONSE to #89 MOTION to Strike #78 MOTION for Partial Summary Judgment Evidence MOTION to Strike #78 MOTION for Partial Summary Judgment Evidence, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Attachments: #1 Proposed Order)(Suit, Neal)
November 17, 2008 Filing 94 REPLY in Support of #78 MOTION for Partial Summary Judgment, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Suit, Neal)
November 14, 2008 Filing 93 Witness List by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., filed.(Suit, Neal)
November 14, 2008 Filing 92 Witness List by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Mann, Julia)
November 14, 2008 Filing 91 Witness List by HEI Resources East OMG, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hood, Lori)
November 7, 2008 Filing 90 RESPONSE to #78 MOTION for Partial Summary Judgment (Subject to Defendants/Third-Party Plaintiffs' Motion for Continuance), filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Mann, Julia)
November 7, 2008 Filing 89 MOTION to Strike #78 MOTION for Partial Summary Judgment Evidence Motions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 11/28/2008. (Attachments: #1 Proposed Order)(Mann, Julia)
November 7, 2008 Filing 88 MOTION for Continuance Motions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 11/28/2008. (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 Proposed Order)(Mann, Julia)
November 7, 2008 Filing 87 MOTION to Compel Discovery From HEI and American National BankMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 11/28/2008. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Mann, Julia)
November 7, 2008 Filing 86 MOTION to Compel Discovery From Plaintiff and American National BankMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., S. Lavon Evans, Jr, E&D Services, Inc., filed. Motion Docket Date 11/28/2008. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order Proposed Order)(Mann, Julia)
November 6, 2008 Filing 85 REPLY in Support of #70 MOTION to Strike #67 Amended Complaint/Counterclaim/Crossclaim etc., MOTION to Strike #67 Amended Complaint/Counterclaim/Crossclaim etc.,, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Suit, Neal)
November 3, 2008 Filing 84 REPLY to #71 Response in Opposition to Motion,,,, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Suit, Neal)
October 29, 2008 Filing 83 RESPONSE to #79 MOTION for Extension of Time Deadline for Filing Dispositve Motion, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Suit, Neal)
October 28, 2008 Filing 82 RESPONSE to #79 MOTION for Extension of Time Deadline for Filing Dispositve Motion, filed by HEI Resources East OMG. (Hood, Lori)
October 27, 2008 Filing 81 REPLY in Support of #68 MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Mann, Julia)
October 27, 2008 Filing 80 RESPONSE in Opposition to #70 MOTION to Strike #67 Amended Complaint/Counterclaim/Crossclaim etc., MOTION to Strike #67 Amended Complaint/Counterclaim/Crossclaim etc.,, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Attachments: #1 Exhibit A (Transcript), #2 Proposed Order)(Mann, Julia)
October 22, 2008 Filing 79 MOTION for Extension of Time Deadline for Filing Dispositve MotionMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 11/12/2008. (Attachments: #1 Proposed Order)(Mann, Julia)
October 21, 2008 Filing 78 MOTION for Partial Summary Judgment Motions referred to Diana Saldana. by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., filed. Motion Docket Date 11/10/2008. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Suit, Neal)
October 16, 2008 Opinion or Order Filing 77 AGREED ORDER ON MOTIONS FOR PROTECTIVE ORDER REGARDING ELECTRONIC DATA. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
October 16, 2008 Filing 76 Amended MOTION for ContemptMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 11/5/2008. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(Hood, Lori)
October 15, 2008 Filing 75 OBJECTIONS to the Notice of Intention to Take Deposition by Written Questions of American National Bank, filed by HEI Resources East OMG. (Hood, Lori)
October 15, 2008 Filing 74 MOTION for ContemptMotions referred to Diana Saldana. by HEI Resources East OMG, filed. Motion Docket Date 11/4/2008. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hood, Lori)
October 15, 2008 Filing 73 Agreed PROPOSED ORDER On Motions for Protective Order Regarding Electronic Data Only (all other issues raised in Motion for Reconsideration Remain Pending) re: #68 MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective, filed.(Mann, Julia)
October 14, 2008 Filing 72 OBJECTIONS to The Notice of Intention to Take Deposition by Written Questions of American National Bank, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Suit, Neal)
October 9, 2008 Filing 71 RESPONSE in Opposition to #68 MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective, filed by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc.. (Attachments: #1 Proposed Order)(Suit, Neal)
October 9, 2008 Filing 70 MOTION to Strike #67 Amended Complaint/Counterclaim/Crossclaim etc., Motions referred to Diana Saldana. by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., filed. Motion Docket Date 10/29/2008. (Attachments: #1 Proposed Order)(Suit, Neal)
October 7, 2008 Filing 69 NOTICE of Appearance as Lead Counsel by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., filed. (Suit, Neal)
September 19, 2008 Filing 68 MOTION for Reconsideration of #61 Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File,,, Order on Motion for Temporary Restraining Order,,,,,, Order on Motion to Appoint Receiver,,, Order on Motion for Protective Order,,, Order on Motion for Preliminary Injunction,,,,,,,, Motions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 10/9/2008. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (1 of 3), #4 Exhibit C (2 of 3), #5 Exhibit C (3 of 3), #6 Exhibit D, #7 Exhibit E, #8 Proposed Order)(Mann, Julia)
September 19, 2008 Filing 67 First AMENDED Third Party Complaint with Jury Demand against HEI Resources, Inc., Reed Cagle, Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mann, Julia)
September 17, 2008 Filing 65 NOTICE of Appearance by Emilio Davila, Jr. on behalf of S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. (Davila, Emilio)
September 16, 2008 Opinion or Order Filing 66 ORDER denying as moot Third-Party Plaintiffs' #58 MOTION Request for Ruling on Third Party Plaintiffs' Application for Receivership. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
September 12, 2008 Filing 64 Notice of Filing of Official Transcript as to #63 Transcript. Party notified, filed. (dmorales, )
September 12, 2008 Filing 63 TRANSCRIPT re: Hearing held on 7-22-08 before Judge George P. Kazen. Court Reporter/Transcriber Leticia E. Verdin. Release of Transcript Restriction set for 12/11/2008., filed. (Attachments: #1 Continuation Pages 76-110) (lverdin, )
September 4, 2008 Filing 62 NOTICE of Change of Address by Lori Hood, counsel for HEI Resources East OMG, filed. (Hood, Lori)
August 29, 2008 Opinion or Order Filing 61 MEMORANDUM AND ORDER denying as moot #17 Motion; denying #24 Motion for Leave to File; denying as moot #37 Motion for Temporary Restraining Order; granting #41 Motion for Leave to File; denying as moot #9 Motion to Appoint Receiver ; denying as moot #13 Motion for Protective Order; denying as moot #14 Motion for Preliminary Injunction; denying as moot #15 Motion for Preliminary Injunction; denying without prejudice #16 Motion to Expedite. (Signed by Judge George P. Kazen) Parties notified. (dmorales) Modified on 9/17/2008 (dmorales). (Additional attachment(s) added on 9/17/2008: #1 Main Document) (dmorales, ).
August 29, 2008 Opinion or Order Filing 60 PROTECTIVE ORDER. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
August 26, 2008 Opinion or Order Filing 59 SCHEDULING ORDER: Pltf Expert Witness List due by 11/14/2008 Deft Expert Witness List due by 12/15/2008 Discovery due by 1/31/2009 Dispositive Motion Filing due by 2/13/2009 Joint Pretrial Order due by 3/15/2009. With regard to Third-Party Claims and Counterclaims among Defendants and Third-Party Defendants, the Parties agree that each side will have the opportunity to submit motions for summary judgment before October 22, 2008. Based upon such motions, the Parties will enter a scheduling order or seek such further orders from the Court.(Signed by Judge George P. Kazen) Parties notified. (dmorales)
August 26, 2008 Filing 58 MOTION Request for Ruling on Third Party Plaintiffs' Application for ReceivershipMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 9/15/2008. (Attachments: #1 Exhibit A)(Mann, Julia)
August 25, 2008 Filing 57 Agreed PROPOSED ORDER Scheduling Order, filed.(Hood, Lori)
August 15, 2008 Opinion or Order Filing 56 ORDER. Parties are DIRECTED to file written scheduling order by August 26, 2008. Further, counsel for Third-Pary Defendants orally moved for leave to file a partial summary judgment motion within ninety days. That motiion is GRANTED. The deadline to submit the motion is October 22, 2008. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
August 8, 2008 Filing 55 Agreed PROPOSED ORDER Protective Order, filed.(Zeiger, Timothy)
July 22, 2008 Minute Entry for proceedings held before Judge George P. Kazen. The parties agree that the 2.7 million case must be dealt with first - the parties have come to an agreement on deadlines, proposed scheduling order to be sumitted (Jan 1, 2009 - Discovery deadline; Feb 13, 2009 - Motion deadline; Pretrial Order due March 15, 2009; Burden of Proof Expert - Nov 14; Rebuttal Witness December 15). Issue of protecting the privacy of the members to the joint venture discussed - parties are to have written authority by the investors of the joint venture for their own records. Conference regarding 5 Million case - Attorney Zeiger requests leave of the Court to submit a motion for summary judgment within 90 day on particular legal issue. The parties agree to share date and spreadsheet documents, with attorney Mann given an opportunity to review the information first. TIME: 2:00 PM - 4:50 PM. Proceedings held on 7/22/2008. Appearances:Attorney Lori Ann Hood f/Plaintiff HEI Resources East OMG, Joint Venture/ attorneys Timothy D. Zeiger, Steven Pawlowski, Arnulfo Gonzalez f/ Heartland Energy Land Operating L.P, Heartland Energy of Colorado, LLC., HEI Resources, Inc., and Reed Cagle/ attorney Julia Womack Mann f/deft S. Lavon Evans, Jr. Operating Co., Inc., et al(Court Reporter: Leticia Verdin), filed.(vcaballero, ) Modified on 7/23/2008 (vcaballero, ).
July 21, 2008 Filing 54 ADVISORY by HEI Resources, Inc., filed. (Attachments: #1 Affidavit Ex A Aff of Cagle, #2 Exhibit Ex A-1 (release 10), #3 Exhibit Ex A-2 (release 1 and 3), #4 Exhibit Ex A-3 (pages to ppm))(Zeiger, Timothy)
July 16, 2008 Filing 53 ANSWER to #49 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., filed.(Mann, Julia)
July 15, 2008 Filing 52 NOTICE of Attorney Vacation by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. (Soza, Robert)
July 14, 2008 Filing 51 NOTICE of Resetting. Parties notified. Pretrial Conference set for 7/22/2008 at 01:45 PM in Courtroom 3A before Judge George P. Kazen, filed. (dgonzalez)
July 11, 2008 Filing 50 NOTICE of Setting. Parties notified. Status Conference set for 7/25/2008 at 09:00 AM in Courtroom 3A before Judge George P. Kazen, filed. (vcaballero, )
June 27, 2008 Filing 49 First AMENDED Complaint with Jury Demand against S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc. filed by HEI Resources East OMG.(Hood, Lori)
June 20, 2008 Opinion or Order Filing 48 ORDER. Pursuant to 28 U.S.C. 1653, the Court will allow Plaintiff to file a supplemental pleading alleging the citizenship of each joint venturer. The supplemental pleading must be filed June 30, 2008.(Signed by Judge George P. Kazen) Parties notified. (dmorales)
May 1, 2008 Opinion or Order Filing 47 ORDER denying as moot Third Party Plaintiff's #17 Motion Expedited Hearing.(Signed by Judge George P. Kazen) Parties notified. (dmorales)
April 3, 2008 Filing 46 MEMORANDUM.( Signed by Judge George P. Kazen ) Parties notified. (dmorales)
March 31, 2008 Opinion or Order Filing 45 ORDER denying as moot Plaintiff's #5 Motion to Dismiss; granting Third-Party Defendants' #11 Motion to Dismiss.( Signed by Judge George P. Kazen ) Parties notified. (dmorales)
February 25, 2008 Filing 44 REPLY to Response to #41 MOTION for Leave to File Third Party Plaintiffs' Second Amended Third Party Complaint and Request for Appointment of Receiver, filed by S. Lavon Evans, Jr. Operating Co., Inc.. (Mann, Julia)
February 14, 2008 Filing 43 First RESPONSE in Opposition to #41 MOTION for Leave to File Third Party Plaintiffs' Second Amended Third Party Complaint and Request for Appointment of Receiver, filed by HEI Resources, Inc.. (Attachments: #1 Proposed Order Denying Motion for Leave)(Zeiger, Timothy)
February 1, 2008 Filing 42 NOTICE of Change of Address by Preis & Roy, counsel for HEI Resources East OMG, filed. (Hood, Lori)
January 25, 2008 Filing 41 MOTION for Leave to File Third Party Plaintiffs' Second Amended Third Party Complaint and Request for Appointment of ReceiverMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 2/14/2008. (Attachments: #1 Complaint Third Party Plaintiffs' Second Ameded Third Party Complaint and Request for Appointment of Receiver#2 Exhibit A to Second Amended Third Party Complaint#3 Exhibit B (Part 1 of 5) to Second Amended Third Party Complaint#4 Exhibit B (Part 2 of 5) to Second Amended Third Party Complaint#5 Exhibit B (Part 3 of 5) to Second Amended Third Party Complaint#6 Exhibit B (Part 4of 5) to Second Amended Third Party Complaint#7 Exhibit B (Part 5 of 5) to Second Amended Third Party Complaint#8 Proposed Order)(Mann, Julia)
January 2, 2008 Filing 40 REPLY to Response to #37 MOTION for Temporary Restraining Order, filed by S. Lavon Evans, Jr. Operating Co., Inc.. (Attachments: #1 Exhibit Exhibit A Declaration of S. Lavon Evans, Jr.)(Mann, Julia)
December 19, 2007 Filing 39 First RESPONSE in Opposition to #37 MOTION for Temporary Restraining Order, filed by HEI Resources, Inc.. (Attachments: #1 Exhibit A Cagle Affidavit#2 Exhibit A-1#3 Exhibit A-2#4 Exhibit A-3#5 Exhibit B Guerra Affidavit#6 Exhibit B-1#7 Exhibit B-2#8 Exhibit B-3(part1)#9 Exhibit B-3 (part2)#10 Exhibit B-4#11 Proposed Order Deny TRO)(Zeiger, Timothy)
November 30, 2007 Opinion or Order Filing 38 ORDER The Court will withhold judgment on the application for injunctive relief until Third Party Defendants have had a chance to file their response. As to the Application for Shortened Time Periods, the Court DENIES the application.( Signed by Judge Diana Saldana ) Parties notified.(gsalinas)
November 29, 2007 Filing 37 MOTION for Temporary Restraining OrderMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., filed. Motion Docket Date 12/19/2007. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7)(Mann, Julia)
October 30, 2007 Filing 34 RESPONSE in Opposition to #33 Supplemental EMERGENCY MOTION, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Mann, Julia)
October 26, 2007 Filing 33 SECOND Supplement To Application For Injunctive Relief Motions referred to Diana Saldana. by HEI Resources, Inc., filed. Motion Docket Date 11/15/2007. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Zeiger, Timothy) Modified on 8/21/2008 (dmorales).
October 22, 2007 Filing 32 RESPONSE in Opposition to #24 MOTION for Leave to File Defendants S. Lavon Evans, Jr. Operating Co., Inc., S.Lavon Evans, Jr. and E & D Services, Inc.'s First Supplemental Third-Party Complaint against Heartland Operating and Gilbert Guerra and Application for Injunctive Reli, filed by HEI Resources, Inc.. (Attachments: #1 Proposed Order deny motion)(Zeiger, Timothy)
October 22, 2007 Filing 31 REPLY to #17 MOTION Application to Appoint Receiver, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Mann, Julia)
October 19, 2007 Filing 36 AO 435 TRANSCRIPT ORDER FORM This is to order a transcript of Motion held on 10/3/07 before Judge Diana Saldana. Court Reporter: ERO, filed. (dgonzalez)
October 17, 2007 Filing 30 REPLY to Third Party Plaintiffs' Brief, filed by HEI Resources, Inc.. (Attachments: #1 Affidavit Reed Cagle#2 Exhibit Oct 9, 2007 correspondence)(Zeiger, Timothy)
October 17, 2007 Filing 29 TRANSCRIPT of Motion Hearing held on 10/3/07 before Judge Diana Saldana. Court Reporter: ERO: Delia Gonzalez. Transcript is available for viewing in the office of the clerk, filed. (dmorales) Additional attachment(s) added on 10/17/2007 (ehernandez, ). Additional attachment(s) added on 10/17/2007 (dmorales, ). Additional attachment(s) added on 11/29/2007 (dmorales, ).
October 10, 2007 Filing 28 BRIEF In Support of Third Party Plaintiff's Request for the Appointment of a Receiver by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Proposed Order)(Mann, Julia)
October 5, 2007 Filing 35 AO 435 TRANSCRIPT ORDER FORM This is to order a transcript of MOTION held on 10/3/07 before Judge Diana Saldana. Court Reporter: ERO, filed. (dgonzalez)
October 5, 2007 Minute Entry for proceedings held before Judge Diana Saldana. TELEPHONE CONFERENCE held on 10/5/2007. Appearances: Robert L Soza, Jr, Timothy D Zeiger, Steven Pawlowski., filed.(aminnaar, ) Modified on 10/10/2007 (mmarquez).
October 3, 2007 Minute Entry for proceedings held before Judge Diana Saldana. MOTION HEARING held on 10/3/2007 from 1:00 p.m. to 3:30 p.m. to discuss #14 Application For Shortened Time Period and First Supplement To Application For Injunction. Court ordered parties to submit additional briefing on the issue of receivership. Third Party Plaintiffs brief is due on 10/10/07. Third Party Defendants response is due on 10/17/07. Court instructed the parties to refrain from any additional discovery-related filings until after the Court issues a decision on the parties receiver and injunctive relief requests. Appearances: Lori Ann Hood, Julia Wommack Mann, Robert L Soza, Jr, Timothy D Zeiger. Arnulfo Gonzalez, Steve Polansky (ERO:Delia Gonzalez), filed.(aminnaar, ) Modified on 10/10/2007 (ldavila). Modified on 10/10/2007 (mmarquez). Modified on 8/21/2008 (dmorales).
October 2, 2007 Filing 27 RESPONSE in Opposition to #17 MOTION, filed by HEI Resources, Inc.. (Attachments: #1 Exhibit Ex A July 13 Letter#2 Proposed Order Deny Evans Request for Receiver)(Zeiger, Timothy)
October 2, 2007 Filing 26 REPLY to Response to #14 Application For Shortened Time Period and First Supplement To Application For Injunction, filed by HEI Resources, Inc.. (Attachments: #1 Exhibit Ex A Sept 18, 2007 letter#2 Exhibit Ex B Sept 11, 2007 e-mail)(Zeiger, Timothy) Modified on 8/21/2008 (dmorales).
October 2, 2007 Filing 25 RESPONSE in Opposition to #16 MOTION, filed by HEI Resources, Inc.. (Attachments: #1 Proposed Order order denying request for expedited discovery)(Zeiger, Timothy)
October 2, 2007 Filing 24 MOTION for Leave to File Defendants S. Lavon Evans, Jr. Operating Co., Inc., S.Lavon Evans, Jr. and E & D Services, Inc.'s First Supplemental Third-Party Complaint against Heartland Operating and Gilbert Guerra and Application for Injunctive ReliefMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. Motion Docket Date 10/22/2007. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Proposed Order)(Soza, Robert)
October 1, 2007 Filing 23 RESPONSE in Opposition to #14 Application For Shortened Time Period and First Supplement To Application For Injunction, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Mann, Julia) Modified on 8/21/2008 (dmorales).
October 1, 2007 Filing 22 REPLY in Support of #13 Opposed MOTION for Protective Order, filed by S. Lavon Evans, Jr. Operating Co., Inc.. (Attachments: #1 Exhibit A)(Mann, Julia)
September 28, 2007 Filing 20 ANSWER to #14 Counterclaim by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed.(Mann, Julia)
September 26, 2007 Opinion or Order Filing 21 ORDER The Court will hold a Hearing on 10/3/2007 at 01:00 PM in Courtroom 2C before Magistrate Judge Diana Saldana. Counsel for each of the parties are hereby ORDERED to appear for the hearing. ( Signed by Judge Diana Saldana ) Parties notified. (dmorales) Modified on 10/1/2007 (dmorales). Modified text on 10/1/2007 (gsalinas).
September 20, 2007 Filing 18 RESPONSE in Opposition to #13 Opposed MOTION for Protective Order, filed by HEI Resources, Inc.. (Attachments: #1 Affidavit Ex A Affidavit of Reed Cagle#2 Affidavit Ex B Affidavit of Laura Guerra#3 Exhibit Ex C Letter#4 Proposed Order Denying Motion)(Zeiger, Timothy)
September 19, 2007 Opinion or Order Filing 19 ORDER REFERRING CASE to Magistrate Judge Diana Saldana.( Signed by Judge George P. Kazen ) Parties notified.(nortiz)
September 18, 2007 Filing 17 Third-Party Plaintiffs Supplement to Application for Appointment of Receiver and Motion for Expedited Hearing on Third Party Plaintiffs' Application for Appointment of Receiver and Request For Injunction by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp., filed. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Proposed Order)(Soza, Robert) Modified category on 9/28/2007 (gsalinas). Modified on 8/21/2008 (dmorales).
September 12, 2007 Filing 16 Third-Party Plaintiffs' Motion to Expedite Third-Party Defendants' Responses to Third-Party Plaintiffs' First Set of Interrogatories by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., filed. (Attachments: #1 Exhibit 1#2 Proposed Order)(Soza, Robert) Modified category on 9/28/2007 (gsalinas).
September 11, 2007 Filing 15 APPLICATION for Shortened Time Period and First Supplement to Application For Preliminary Injunction by HEI Resources, Inc., filed. Motion Docket Date 10/1/2007. (Attachments: #1 Affidavit Ex D Affidavit of G. Guerra#2 Proposed Order to shorten time to respond)(Zeiger, Timothy) Modified on 8/21/2008 (dmorales).
September 6, 2007 Filing 14 ANSWER to #9 Third Party Complaint, First COUNTERCLAIM and APPLICATION FOR INJUNCTIVE RELIEF against all defendants by HEI Resources, Inc., filed. (Attachments: #1 Affidavit Ex A Affidavit of Reed Cagle#2 Exhibit 1 to 8 to Ex A Affidavit of Reed Cagle#3 Exhibit 9 to 13 to Ex A Affidavit of Reed Cagle#4 Affidavit Ex B Affidavit of Gilbert Guerra#5 Affidavit Ex C Affidavit of Laura Guerra#6 Proposed Order Proposed Order Granting Injunctive Relief)(Zeiger, Timothy) Modified text on 8/21/2008 (dmorales).
August 31, 2007 Filing 13 Opposed MOTION for Protective OrderMotions referred to Diana Saldana. by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., filed. Motion Docket Date 9/20/2007. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B#3 Errata Exhibit C#4 Exhibit Exhibit D#5 Exhibit Exhibit E#6 Proposed Order)(Mann, Julia)
August 31, 2007 Filing 12 RESPONSE in Opposition to #11 MOTION to Dismiss #9 Third Party Complaint,, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., Wausau Development Corp.. (Attachments: #1 Exhibit Exhibit 1 (Part 1 of 3)#2 Exhibit Exhibit 1 (Part 2 of 3)#3 Exhibit Exhibit 1 (Part 3 of 3)#4 Exhibit Exhibit 2)(Mann, Julia)
August 20, 2007 Filing 11 MOTION to Dismiss #9 Third Party Complaint, by Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle, filed. Motion Docket Date 9/10/2007. (Attachments: #1 Proposed Order)(Zeiger, Timothy)
August 9, 2007 Opinion or Order Filing 10 ORDER - The sched conference currently set for August 21, 2007 at 2:30 P.M. is hereby CANCELED pending resolution of Pltf's Mtn to Dismiss for lack of Subject Matter Jurisdiction. The Court will reset the sched conf at a later date. IT IS SO ORDERED.( Signed by Judge Diana Saldana ) Parties notified.(mmarquez)
July 27, 2007 Filing 9 Amended THIRD PARTY COMPLAINT against Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle filed by Wausau Development Corp., S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B - Part 1 of 5#3 Exhibit B - Part 2 of 5#4 Exhibit B - Part 3 of 5#5 Exhibit B - Part 4 of 5#6 Exhibit B - Part 5 of 5)(Mann, Julia) Modified on 8/21/2008 (dmorales).
July 26, 2007 Filing 8 RESPONSE in Opposition to #5 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, filed by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc.. (Attachments: #1 Proposed Order)(Mann, Julia)
July 24, 2007 Filing 7 NOTICE of Vacation for Counsel by S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., filed. (Mann, Julia)
July 24, 2007 Filing 6 WAIVER OF SERVICE Returned Executed as to Heartland Energy Land Operating, L.P served on 6/21/2007, answer due 8/20/2007; Heartland Energy of Colorado, LLC served on 6/21/2007, answer due 8/20/2007; HEI Resources, Inc. served on 6/21/2007, answer due 8/20/2007; Reed Cagle served on 6/21/2007, answer due 8/20/2007, filed.(Mann, Julia)
July 16, 2007 Filing 5 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction by HEI Resources, Inc., HEI Resources East OMG, filed. Motion Docket Date 8/6/2007. (Attachments: #1 Proposed Order)(Hood, Lori)
June 21, 2007 Filing 4 THIRD PARTY COMPLAINT against Heartland Energy Land Operating, L.P, Heartland Energy of Colorado, LLC, HEI Resources, Inc., Reed Cagle filed by all defendants.(Mann, Julia)
June 11, 2007 Filing 3 ANSWER to #1 Complaint by all defendants, filed.(Mann, Julia)
June 5, 2007 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/21/2007 at 02:30 PM by telephone before Magistrate Judge Diana Saldana. Parties notified.(gsalinas, )
May 18, 2007 Summons Issued as to S. Lavon Evans, Jr. Operating Co., Inc., S. Lavon Evans, Jr, E&D Services, Inc., filed.(sbyrum, )
May 17, 2007 Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 2686756) filed by HEI RESOURCES EAST OMG.(Hood, Lori)

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Search for this case: HEI Resouces East OMG, Joint Venture vs S. Levon Evans, Jr., et al.
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3rd party defendant: HEI Resources, Inc.
Represented By: Donnie W Wisenbaker, Jr
Represented By: Lori Ann Hood
Represented By: Neal James Suit
Represented By: Timothy D Zeiger
Represented By: Jeffrey S Lowenstein
Represented By: Mikel J Bowers
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3rd party defendant: Reed Cagle
Represented By: Donnie W Wisenbaker, Jr
Represented By: Timothy D Zeiger
Represented By: Jeffrey S Lowenstein
Represented By: Mikel J Bowers
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3rd party defendant: Heartland Energy Land Operating, L.P
Represented By: Donnie W Wisenbaker, Jr
Represented By: Neal James Suit
Represented By: Timothy D Zeiger
Represented By: Jeffrey S Lowenstein
Represented By: Mikel J Bowers
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3rd party defendant: Heartland Energy of Colorado, LLC
Represented By: Donnie W Wisenbaker, Jr
Represented By: Neal James Suit
Represented By: Timothy D Zeiger
Represented By: Jeffrey S Lowenstein
Represented By: Mikel J Bowers
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3rd party plaintiff: Wausau Development Corp.
Represented By: Julia Wommack Mann
Represented By: Robert L Soza, Jr
Represented By: Emilio Davila, Jr
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3rd party plaintiff: S. Lavon Evans, Jr
Represented By: Julia Wommack Mann
Represented By: Robert L Soza, Jr
Represented By: Emilio Davila, Jr
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3rd party plaintiff: E&D Services, Inc.
Represented By: Julia Wommack Mann
Represented By: Robert L Soza, Jr
Represented By: Emilio Davila, Jr
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3rd party plaintiff: S. Lavon Evans, Jr. Operating Co., Inc.
Represented By: Julia Wommack Mann
Represented By: Robert L Soza, Jr
Represented By: Emilio Davila, Jr
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Plaintiff: HEI Resources East OMG
Represented By: Lori Ann Hood
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