HEI Resources, Inc. v. S. Lavon Evans, Jr. Operating Co., Inc. et al
Plaintiff: HEI Resources, Inc.
3Rd Party Plaintiff: S. Lavon Evans, Jr., E & D Services, Inc., Wausau Development Corp. and S. Lavon Evans, Jr. Operating Co., Inc.
Case Number: 5:2009cv00124
Filed: November 19, 2009
Court: US District Court for the Southern District of Texas
Office: Laredo Office
County: Webb
Presiding Judge: Diana Saldana
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on December 1, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2011 Filing 64 NOTICE of Dismissal as to All Parties by HEI Resources, Inc., filed. (Attachments: #1 Proposed Order Proposed Order)(Wisenbaker, Jr, Donnie)
May 13, 2011 Filing 63 Proposed Pretrial Order by S. Lavon Evans, Jr. Operating Co., Inc., filed. (Attachments: #1 Exhibit Findings of Fac/Conclusions of Law, #2 Exhibit Exhibit List)(Garcia, Baldemar)
April 15, 2011 Filing 62 RESPONSE to #61 Opposed MOTION for Extension of Time Joint Pretrial Order, filed by HEI Resources, Inc.. (Wisenbaker, Jr, Donnie)
April 14, 2011 Filing 61 Opposed MOTION for Extension of Time Joint Pretrial Order by S. Lavon Evans, Jr, filed. Motion Docket Date 5/5/2011. (Attachments: #1 Exhibit, #2 Proposed Order)(Garcia, Baldemar)
April 14, 2011 Filing 60 RESPONSE to #59 Notice (Other) No Motion for Reconsideration, filed by HEI Resources, Inc.. (Wisenbaker, Jr, Donnie)
April 13, 2011 Filing 59 NOTICE of No Motion for Reconsideration by S. Lavon Evans, Jr, filed. (Garcia, Baldemar)
April 8, 2011 Filing 58 RESPONSE to #57 Opposed MOTION for Extension of Time Filing of Joint Pretrial Order filed by HEI Resources, Inc.. (Attachments: #1 Exhibit, #2 Proposed Order)(Wisenbaker, Jr, Donnie)
March 31, 2011 Filing 57 Opposed MOTION for Extension of Time Filing of Joint Pretrial Order by S. Lavon Evans, Jr. Operating Co., Inc., filed. Motion Docket Date 4/21/2011. (Attachments: #1 Exhibit Proposed Joint Pretrial Order, #2 Exhibit Proposed Voir Dire Questions, #3 Exhibit Proposed Jury Charge, #4 Exhibit Proposed Findings of Fact & Conclusions of Law, #5 Exhibit 5th Circuit Opinion (related litigation), #6 Proposed Order)(Garcia, Baldemar)
March 31, 2011 Filing 56 Joint Proposed Pretrial Order by HEI Resources, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wisenbaker, Jr, Donnie)
March 29, 2011 Opinion or Order Filing 55 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 29, 2011 Opinion or Order Filing 54 ORDER denying #45 Motion for leave to file an Amended Answer and Counterclaim to HEI Resources' Amended Complaint.(Signed by Visiting Judge Joseph M. Hood) Parties notified.(gsalinas)
March 29, 2011 Filing 53 EXHIBITS re: #52 Reply in Support of Motion by HEI Resources, Inc., filed. (Attachments: #1 Exhibit Exhibit No. 22, #2 Exhibit Exhibit No. 23, #3 Exhibit Exhibit No. 24, #4 Exhibit Exhibit No. 25, #5 Exhibit Exhibit No. 26)(Bowers, Mikel)
March 28, 2011 Filing 52 REPLY in Support of #50 MOTION for Partial Summary Judgment, filed by HEI Resources, Inc.. (Bowers, Mikel)
March 24, 2011 Filing 51 Opposed RESPONSE to #50 MOTION for Partial Summary Judgment filed by S. Lavon Evans, Jr. Operating Co., Inc.. (Attachments: #1 Exhibit "A" Expert Designation Letter, #2 Exhibit "B" James Koerber Depo Excerpts & Exhibit, #3 Exhibit "C" Ronald Taylor Affidavit and E&D Invoices, #4 Proposed Order)(Garcia, Baldemar)
March 4, 2011 Filing 50 MOTION for Partial Summary Judgment by HEI Resources, Inc., filed. Motion Docket Date 3/25/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10 Part 1, #12 Exhibit 10 Part 2, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Proposed Order Proposed Order)(Wisenbaker, Jr, Donnie)
February 28, 2011 Filing 49 Opposed REPLY in Support of #45 Opposed MOTION to Amend #33 Answer to Amended ComplaintOpposed MOTION to Amend #33 Answer to Amended Complaint, filed by E & D Services, Inc., S. Lavon Evans, Jr. (Garcia, Baldemar)
February 22, 2011 Filing 48 RESPONSE to #45 Opposed MOTION to Amend #33 Answer to Amended ComplaintOpposed MOTION to Amend #33 Answer to Amended Complaint filed by HEI Resources, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Proposed Order)(Wisenbaker, Jr, Donnie)
February 15, 2011 Opinion or Order Filing 47 AMENDED ORDER: This amended order is filed to correct a typographical error in the Court's previous order Record No. #46 .(Signed by Visiting Judge Joseph M. Hood) Parties notified.(jluna)
February 15, 2011 Opinion or Order Filing 46 ORDER. Defendants have filed a #45 Motion for leave to File an Amended Answer and counterclaim to HEI Resources' Amended Complaint. In order to maintain the deadlines set forth in this Court's Scheduling Order of April 27, 2010, including the upcoming March 4, 2011 deadline for contested motions, IT IS ORDERED that Plaintiff shall file on or before February 22, 2011 a Response to #45 Defendants' Motion for Leave to File an Amended Answer and Counterclaim to HEI Resources' Amended Complaint and Plaintiff shall file a Reply to Defendants' Response on or before February 28, 2011. (Signed by Visiting Judge Joseph M. Hood) Parties notified.(dmorales, )
February 8, 2011 Filing 45 Opposed MOTION to Amend #33 Answer to Amended Complaint by S. Lavon Evans, Jr. Operating Co., Inc., filed. Motion Docket Date 3/1/2011. (Attachments: #1 Proposed Order, #2 Complaint Amended Answer & Counterclaim, #3 Exhibit CC Forbes Letter, #4 Exhibit RRC Aug 7 2007 Letter, #5 Exhibit RRC Sept 11 2007 Letter, #6 Exhibit List of Stolen Property)(Garcia, Baldemar)
January 31, 2011 Filing 44 NOTICE of Appearance by Arnulfo Gonzalez, Jr. on behalf of HEI Resources, Inc., filed. (Wisenbaker, Jr, Donnie)
January 4, 2011 Opinion or Order Filing 43 ORDER granting Defendants' #34 Motion to Set Aside Default Order; the Clerk's Entry of Default against S. Lavon Evans Jr. Operating Co., Inc., S. Lavon Evans Jr., E & D Services, Inc., and Wassau Development Corp. is now set aside; Defendant's Answer and Affirmative Defenses to HEI Resources, Inc.'s First Amended Original Complaint filed on November 9, 2010 is deemed filed with leave of court; upon the Court's own motion, the Court's July 15, 2010, Order granting the Motion for Leave to Amend Third-Party Complaint is stricken and held for naught; Defendants' #14 Third-Party Complaint is strickent from the active docket;granting in part and denying in part #36 Motion for Leave to File Answer to Amended Complaint; denying as moot Defendants' #36 Motion to Amend Third Party Complaint; granting in part and denying in part Plaintiff's #39 Emergency Motion for Protective Order. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
January 3, 2011 Filing 42 REPLY in Support of #39 EMERGENCY MOTION, filed by HEI Resources, Inc.. (Attachments: #1 Exhibit Exhibit A)(Wisenbaker, Jr, Donnie)
December 30, 2010 Filing 41 Opposed RESPONSE to #39 EMERGENCY MOTION filed by S. Lavon Evans, Jr. Operating Co., Inc.. (Attachments: #1 Exhibit HEI Discovery, #2 Exhibit HEI 12.13.2010 Letter, #3 Proposed Order)(Garcia, Baldemar)
December 28, 2010 Opinion or Order Filing 40 ORDER Defendants shall file a Response to the Motion by 12/30/2010. That any Reply in further support of Plaintiff's Motion shall be filed on or before 12:00 P.M. on Monday, January 3,2011.(Signed by Visiting Judge Joseph M. Hood) Parties notified.(gsalinas)
December 27, 2010 Filing 39 EMERGENCY MOTION by HEI Resources, Inc., filed. Motion Docket Date 1/18/2011. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Proposed Order Proposed Order Granting Motion for Protective Order)(Bowers, Mikel)
December 6, 2010 Filing 38 NOTICE of Appearance by Baldemar Garcia, Jr. on behalf of E & D Services, Inc., S. Lavon Evans, Jr, filed. (Garcia, Baldemar)
November 29, 2010 Filing 37 RESPONSE to #36 MOTION for Leave to File Answer to Amended Complaint and Reply in Support of Motion to Set Aside Default filed by HEI Resources, Inc.. (Wisenbaker, Jr, Donnie)
November 23, 2010 Filing 36 MOTION for Leave to File Answer to Amended Complaint and Reply in Support of Motion to Set Aside Default by E & D Services, Inc., S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., filed. Motion Docket Date 12/14/2010. (Attachments: #1 Affidavit, #2 Proposed Order)(Davila, Emilio)
November 15, 2010 Filing 35 RESPONSE to #34 MOTION to Set Aside Default Order filed by HEI Resources, Inc.. (Wisenbaker, Jr, Donnie)
November 8, 2010 Filing 34 MOTION to Set Aside Default Order by E & D Services, Inc., S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., filed. Motion Docket Date 11/29/2010. (Davila, Emilio)
November 8, 2010 Filing 33 ANSWER to #26 Amended Complaint/Counterclaim/Crossclaim etc. by S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., filed.(Davila, Emilio)
October 19, 2010 Filing 32 Clerks ENTRY OF DEFAULT against Wausau Development Corp.. Parties notified. (dmorales)
October 19, 2010 Filing 31 Clerks ENTRY OF DEFAULT against E & D Services, Inc.. Parties notified. (dmorales)
October 19, 2010 Filing 30 Clerks ENTRY OF DEFAULT against S. Lavon Evans, Jr. Parties notified. (dmorales)
October 19, 2010 Filing 29 Clerks ENTRY OF DEFAULT against S. Lavon Evans, Jr. Operating Co., Inc.. Parties notified. (dmorales)
October 18, 2010 Opinion or Order Filing 28 ORDER denying as moot Plaintiff's #19 MOTION to Strike #14 Third Party Complaint, and Additional Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 9(b) MOTION to Strike #14 Third Party Complaint, and Additional Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 9(b). The Clerk shall enter a default against the Evans Defendants and the Evans Defendants shall have up to and including November 9, 2010 to SHOW CAUSE as to why a default judgment should not be entered with respect to those claims in the First Amended Complaint. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
August 13, 2010 Filing 27 Alternative Dispute Resolution STATUS REPORT by HEI Resources, Inc., filed.(Wisenbaker, Jr, Donnie)
July 14, 2010 Filing 26 FIRST AMENDED ORIGINAL COMPLAINT filed by HEI Resources, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (dmorales)
July 14, 2010 Opinion or Order Filing 25 ORDER granting Plaintiff's #22 Motion for Leave to Amend its Complaint. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
July 14, 2010 Opinion or Order Filing 24 ORDER granting Third Party Plaintiff's #21 Motion for Leave to Amend its Third Party Complaint. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
June 4, 2010 Filing 23 REPLY in Support of #19 MOTION to Strike #14 Third Party Complaint, and Additional Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 9(b) MOTION to Strike #14 Third Party Complaint, and Additional Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 9(b), filed by HEI Resources, Inc.. (Wisenbaker, Jr, Donnie)
May 28, 2010 Filing 22 MOTION for Leave to File Amend Complaint by HEI Resources, Inc., filed. Motion Docket Date 6/18/2010. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Proposed Order Order)(Wisenbaker, Jr, Donnie)
May 25, 2010 Filing 21 MOTION Third Party Plaintiffs Motion for Leave to File An Amended Third Party Complaint, Counterclaim, and Response to HEI Resources, Inc.'s Motion to Dismiss by E & D Services, Inc., S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., filed. Motion Docket Date 6/15/2010. (Attachments: #1 Proposed Order)(Davila, Emilio)
May 10, 2010 Filing 20 ANSWER to #14 Third Party Complaint, by HEI Resources, Inc., filed.(Wisenbaker, Jr, Donnie)
May 10, 2010 Filing 19 MOTION to Strike #14 Third Party Complaint, and Additional Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 9(b) by HEI Resources, Inc., filed. Motion Docket Date 6/1/2010. (Attachments: #1 Proposed Order)(Wisenbaker, Jr, Donnie)
May 3, 2010 Opinion or Order Filing 18 ORDER re: #16 Agreed MOTION for Extension of Time To Respond to Third Party Complaint. It is ORDERED that HEI Resources, Inc. has up to and including May 10, 2010 to respond to the Third Party Complaint. (Signed by Visiting Judge Joseph M. Hood) Parties notified. (dmorales)
May 3, 2010 Filing 17 NOTICE, filed. (dmorales)
April 29, 2010 Filing 16 Agreed MOTION for Extension of Time To Respond to Third Party Complaint by HEI Resources, Inc., filed. Motion Docket Date 5/20/2010. (Attachments: #1 Proposed Order Proposed Order)(Wisenbaker, Jr, Donnie)
April 27, 2010 Opinion or Order Filing 15 SCHEDULING ORDER. Amended Pleadings due by 2/18/2011 Joinder of Parties due by 6/11/2010 Pltf Expert Witness List due by 11/12/2010 Deft Expert Witness List due by 12/10/2010 Discovery due by 1/21/2011; Possibility of ADR by 8/13/2010; Constested motions due by 3/4/2011; Joint Pretrial Order due by 3/31/2011 Initial Disclosure due by 6/18/2010. Parties shall appear for a Status Conference Hearing to be scheduled by subsequent order of the Court.(Signed by Visiting Judge Joseph M. Hood) Parties notified.(mmarquez)
April 12, 2010 Filing 14 THIRD PARTY COMPLAINT against HEI Resources, Inc. filed by E & D Services, Inc., S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp.. (Attachments: #1 Exhibit Letter from counsel for Heartland Operating to C.C. Forbes, #2 Exhibit 8/7/07 letter from the Railroad Commission of Texas, #3 Exhibit 9/11/07 letter the Railroad Commission of Texas)(Davila, Emilio)
March 23, 2010 Filing 13 Notice of Vacation Letter for Donnie Wisenbaker by HEI Resources, Inc., filed.(Wisenbaker, Jr, Donnie)
March 15, 2010 Filing 12 JOINT DISCOVERY/CASE MANAGEMENT PLAN by E & D Services, Inc., S. Lavon Evans, Jr, HEI Resources, Inc., S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., filed. (Attachments: #1 Exhibit Exhibit 1 Scheduling Order)(Wisenbaker, Jr, Donnie)
January 15, 2010 Filing 11 Letter from Secretary of State, Hope Adrade re: service of Summons and Complaint to Wausau Development Corp., filed. (dmorales)
January 11, 2010 Filing 10 RETURN of Service of SUMMONS Executed as to S. Lavon Evans, Jr served on 12/29/2009, answer due 1/19/2010, filed. (dmorales)
January 5, 2010 Filing 9 ANSWER to Complaint by E & D Services, Inc., S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp., filed.(Davila, Emilio)
December 21, 2009 Filing 8 RETURN of Service of SUMMONS Executed as to E & D Services, Inc. served on 12/10/2009, answer due 12/31/2009, filed. (dmorales)
December 21, 2009 Filing 7 RETURN of Service of SUMMONS Executed as to S. Lavon Evans, Jr. Operating Co., Inc. served on 12/10/2009, answer due 12/31/2009, filed. (dmorales)
December 1, 2009 Filing 6 Summons Issued as to E & D Services, Inc., filed. (dmorales)
November 25, 2009 Filing 5 Summons Issued as to S. Lavon Evans, Jr, filed. (dmorales)
November 25, 2009 Filing 4 Summons Issued as to Wausau Development Corp., filed. (dmorales)
November 25, 2009 Filing 3 Summons Issued as to S. Lavon Evans, Jr. Operating Co., Inc., filed. (dmorales)
November 20, 2009 Opinion or Order Filing 2 ORDER OF TRANSFER. Case assigned to Visiting Judge Joseph M. Hood. Judge George P. Kazen no longer assigned to the case.(Signed by Judge George P. Kazen) Parties notified.(gsalinas)
November 19, 2009 Filing 1 COMPLAINT against E & D Services, Inc., S. Lavon Evans, Jr, S. Lavon Evans, Jr. Operating Co., Inc., Wausau Development Corp. (Filing fee $ 350 receipt number 0541-5724754) filed by HEI Resources, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Wisenbaker, Jr, Donnie)

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 this case: HEI Resources, Inc. v. S. Lavon Evans, Jr. Operating Co., Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
3rd party plaintiff: S. Lavon Evans, Jr.
Represented By: Baldemar Garcia, Jr
Represented By: Emilio Davila, Jr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
3rd party plaintiff: E & D Services, Inc.
Represented By: Baldemar Garcia, Jr
Represented By: Emilio Davila, Jr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
3rd party plaintiff: Wausau Development Corp.
Represented By: Emilio Davila, Jr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
3rd party plaintiff: S. Lavon Evans, Jr. Operating Co., Inc.
Represented By: Baldemar Garcia, Jr
Represented By: Emilio Davila, Jr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: HEI Resources, Inc.
Represented By: Donnie W Wisenbaker, Jr
Represented By: Mikel J Bowers
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.

Why Is My Information Online?