Springman et al v. Diamondback E&P LLC et al
| Jeff Springman and Lindy Long |
| Diamondback E&P LLC and Pilot Travel Centers LLC |
| 4:2023cv00014 |
| April 18, 2023 |
| US District Court for the Western District of Texas |
| David Counts |
| David B Fannin |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Both |
Docket Report
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| Document Text |
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| Filing 16 REPLY to Response to Motion, filed by Jeff Springman, re #10 MOTION to Remand to State Court filed by Plaintiff Jeff Springman (Lewis, Kern) |
| Filing 15 Defendants Pilot Travel Center LLC's Response in Opposition to Plaintiff's Motions to Remand, filed by Diamondback E&P LLC, Pilot Travel Centers LLC, re #14 Unopposed MOTION for Leave to File Def Pilot's Resp in Opp to Motion to Remand filed by Defendant Pilot Travel Centers LLC (ab1) |
Text Order GRANTING #14 Defendant Pilot Travel Center, LLC's Unopposed Motion for Leave to File Response to Plaintiff's Motion to Remand. It is ORDERED the Clerk of the Court file the Defendant's Response attached as Exhibit 1 to the instant motion. It is so ORDERED. Entered by Judge David B. Fannin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)
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| Filing 14 Unopposed MOTION for Leave to File Def Pilot's Resp in Opp to Motion to Remand by Pilot Travel Centers LLC. (Attachments: #1 Exhibit Exhibit 1 Def Pilot's Resp in Opp to Motion to Remand, #2 Proposed Order Proposed Order Granting Def Pilot's Motion for Leave). Motions referred to Judge David B. Fannin. (Evans, Carl) |
| Filing 13 NON-CONSENT to Trial by US Magistrate Judge by Jeff Springman. (Lewis, Kern) |
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Filing 12
SCHEDULING ORDER: Final Pretrial Conference set for 4/15/2024 03:00 PM in Pecos before Judge David Counts, Jury Selection and Jury Trial set for 5/20/2024 08:00 AM in Pecos before Judge David Counts, All motions to amended or supplement pleadings due by 8/17/2023, All Discovery due by 10/20/2023, All dispositive motions due by 11/17/2023. Signed by Judge David Counts. (ab1)
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| Filing 11 Scheduling Recommendations of the parties by Jeff Springman. (Lewis, Kern) |
| Filing 10 MOTION to Remand to State Court by Jeff Springman. (Attachments: #1 Exhibit EX 1 Doc 1-3 First Amended Pet and Service, #2 Exhibit EX 2 Doc 1-5 Pilot Answer [State], #3 Exhibit EX 3 Doc 1-10 Ex H Sec Amend Pet, #4 Exhibit EX 4 Plf Initial Disclosures-, #5 Exhibit EX 5 Springman Depo Excerpts, #6 Exhibit EX 6 Doc 1 Pilot Notice of Removal, #7 Proposed Order proposed Order to remand to state court). Motions referred to Judge David B. Fannin. (Lewis, Kern) |
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Text Order GRANTING #7 Asher Miller's Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. It is further ORDERED that if Mr. Miller has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT(1)(f)(2). Entered by Judge David B. Fannin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)
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Filing 9
Order and Advisory. The parties are hereby ORDERED to notify the Court whether or not they consent under 28 U.S.C. 636(c) to Magistrate Judge jurisdiction. Signed by Judge David Counts. (ab1)
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Filing 8
Order for Scheduling Recommendations. IT IS HEREBY ORDERED that the parties shall submit a proposed scheduling order to the Court within thirty (30) days from the date of this Order. Signed by Judge David Counts. (ab1)
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| Filing 7 MOTION to Appear Pro Hac Vice by Carl L. Evans, Jr ( Filing fee $ 100 receipt number ATXWDC-17388317) by on behalf of Pilot Travel Centers LLC. (Attachments: #1 Proposed Order). Motions referred to Judge David B. Fannin. (Evans, Carl) |
| Filing 6 AMENDED ANSWER to Plaintiff's Original Complaint by Diamondback E&P LLC. (Jett, M.) |
| Filing 5 Defendant Pilot Travel Centers LLC's ANSWER to Complaint by Pilot Travel Centers LLC.(Evans, Carl) |
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Text Order DENYING #4 Motion for Extension of Time to File Response/Reply re #4 Agreed MOTION for Extension of Time to File Response/Reply to Defendant Diamondbacks State Court Motion for Summary Judgement. Generally, state court deadlines and time periods are suspended upon removal to federal court, "and the period of removal is not considered in the determination of whether a motion in the state court has been timely filed or considered. Upon remand, the state court proceeds from the point reached in the state court action prior to removal as if no interruption had occurred." Ruff v. Ruff, 2021 WL 388707 (Tex. App.--Eastland Feb. 4, 2021) (citations omitted). No party has moved for summary judgment following this case's removal. Therefore, there is presently no active summary judgment motion pending before this Court, and no deadline for this Court to extend. Entered by Judge David B. Fannin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DFG)
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| Filing 4 Agreed MOTION for Extension of Time to File Response/Reply to Defendant Diamondbacks State Court Motion for Summary Judgement by Jeff Springman. (Attachments: #1 Affidavit, #2 Proposed Order). Motions referred to Judge David B. Fannin. (Lewis, Kern) |
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Filing 3
Order to Amend Pleadings. It is ORDERED that Defendants, DIAMONDBACK E&P LLC, and PILOT TRAVEL CENTERS LLC, file an amended answer in compliance with the Federal Rules of Civil Procedure within ten (10) days of the docketing of this Order. Failure to amend as required may result in the answer being stricken and a default judgment being entered against Defendants, DIAMONDBACKE&P LLC, and PILOT TRAVEL CENTERS LLC. Signed by Judge David Counts. (ab1)
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| Filing 2 SUPPLEMENT to Civil Cover Sheet by Pilot Travel Centers LLC. (Evans, Carl) |
| Filing 1 NOTICE OF REMOVAL by Pilot Travel Centers LLC (Filing fee $402 receipt number ATXWDC-17329922), filed by Pilot Travel Centers LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L)(Evans, Carl) |
| CASE REFERRED to Magistrate Judge David B. Fannin. (ab1) |
| Case assigned to Judge David Counts. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (ab1) |
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