Garcia, as Trustee of Boger Family Trust et al v. Shaw, as Trustee of the Shad C. Shaw Family Trust et al
| Bryan Neff, Natalie Christine Custer, Luke Schilhab, Loretta Neumann, Julie A Mills, O'Banyon Wootsen Custer, Nevels Properties, LLC, Allison Schilhab, Laurie Neff, Andrew Boger, Patti Lynn Wiatrek, Patti Lynn Brown, Eunice Boger and Andy Garcia |
| Rio Lago Solar, LLC, David Eugene Heep, Pine Gate Renewables, LLC, Sarah Ann Shaw, John David Cox and Barbara Lynn Mazurek |
| Patti Lynn Wiatrek, Andrew Boger, Eunice Boger, Julie Mills, Patti Lynn Brown, O'bannon Custer, Natalie Christine Custer, Bryan Neff, Laurie Neff, Loretta Neumann, Luke Schilhab, Sandra Levels, Allison Schilhab, O'Banyon Wootsen Custer, Andy Garcia, Julie A Mills and Nevels Properties, LLC |
| Rio Lago, LLC, Pine Gate Renewables, LLC and Rio Lago Solar, LLC |
| 5:2024cv00851 |
| August 2, 2024 |
| US District Court for the Western District of Texas |
| Richard B Farrer |
| Orlando L Garcia |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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| Filing 51 Proposed Order to #50 Stipulation by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Harrod, Tiffany) |
| Filing 50 STIPULATION Joint Notice of Stipulation by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Harrod, Tiffany) |
| Filing 49 Transcript filed of Proceedings held on 9/23/24, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Angela Hailey, Telephone number: 210.244.5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/17/2024, Redacted Transcript Deadline set for 10/28/2024, Release of Transcript Restriction set for 12/26/2024, (Hailey, Angela) |
| Filing 48 Opposed MOTION to Continue Temporary Injunction Hearing by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, Andy Garcia, Julie A Mills, Bryan Neff, Laurie Neff, Loretta Neumann, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek. (Attachments: #1 Exhibit Counsel Emails, #2 Proposed Order). Motions referred to Judge Richard B. Farrer. (Jackson, Nicole) |
Filing 47
ORDER MOOTING pursuant to R&R #46 #29 Motion for TRO Signed by Judge Richard B. Farrer. (mgr)
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| Filing 46 REPORT AND RECOMMENDATIONS re #14 Motion for TRO, filed by O'Banyon Wootsen Custer, Patti Lynn Wiatrek, Nevels Properties, LLC, O'bannon Custer, Sandra Levels, Eunice Boger, Bryan Neff, Julie Mills, Luke Schilhab, Natalie Christine Custer, Julie A Mills, Allison Schilhab, Andrew Boger, Andy Garcia, Loretta Neumann, Laurie Neff. Signed by Judge Richard B. Farrer. (mgr) |
| Filing 45 Minute Entry for proceedings held before Judge Richard B. Farrer: Motion Hearing held on 9/23/2024 re #29 MOTION for Temporary Restraining Order Emergency Enforcement filed by O'Banyon Wootsen Custer, Patti Lynn Wiatrek, Luke Schilhab, Natalie Christine Custer, Nevels Properties, LLC, Allison Schilhab, Julie A Mills, Andrew Boger, Eunice Boger, Andy Garcia, Bryan Neff, Laurie Neff, Loretta Neumann (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) |
| Filing 44 NOTICE of Stipulation by Pine Gate Renewables, LLC, Rio Lago Solar, LLC (Harrod, Tiffany) |
| Filing 43 Proposed Order to #29 MOTION for Temporary Restraining Order Emergency Enforcement by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, Andy Garcia, Julie A Mills, Bryan Neff, Laurie Neff, Loretta Neumann, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek. (Jackson, Nicole) |
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Text Order GRANTING #32 Motion for Hearing entered by Judge Richard B. Farrer. The Court held a hearing on September 23, 2024. All other relief not expressly granted is denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RBF)
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Text Order DENYING without prejudice #39 Motion for Sanctions entered by Judge Richard B. Farrer. The motion does not appear to comply with Rule 11's safe harbor provision. See Fed. R. Civ. P. 11(c)(2). If Defendants feel this order is in error or should be in the form of a report and recommendation, they may move for reconsideration before this Court or object to the District Court pursuant to Fed. R. Civ. P. 72(b) and 28 U.S.C. Section 636(b)(1). This Court has addressed this matter via text order in the interest of efficiency; Defendants should be aware that Rule 11(c)(2)'s text provides for an award of fees to the prevailing party in connection with Rule 11 practice. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RBF)
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| Filing 42 Proposed Order Granting to #39 MOTION for Sanctions by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Harrod, Tiffany) |
| Filing 41 Proposed Order Denying and Striking Plaintiffs' Supplemental Evidence in Support of their Emergency Motion to Enforce to #36 Response in Support of Motion,,,,,,,,,,,,,,,,,,,,,,,, by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Harrod, Tiffany) |
| Filing 40 Proposed Order Denying Plaintiffs' Emergency Motion to Enforce to #29 MOTION for Temporary Restraining Order Emergency Enforcement by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Harrod, Tiffany) |
| Filing 39 MOTION for Sanctions by Pine Gate Renewables, LLC, Rio Lago Solar, LLC.. Motions referred to Judge Richard B. Farrer. (Harrod, Tiffany) |
| Filing 38 RESPONSE to Motion, filed by Pine Gate Renewables, LLC, Rio Lago Solar, LLC, re #29 MOTION for Temporary Restraining Order Emergency Enforcement filed by Plaintiff O'Banyon Wootsen Custer, Plaintiff Patti Lynn Wiatrek, Plaintiff Luke Schilhab, Plaintiff Natalie Christine Custer, Plaintiff Nevels Properties, LLC, Plaintiff Allison Schilhab, Plaintiff Julie A Mills, Plaintiff Andrew Boger, Plaintiff Eunice Boger, Plaintiff Andy Garcia, Plaintiff Bryan Neff, Plaintiff Laurie Neff, Plaintiff Loretta Neumann Defendants' Response to Plaintiffs' Emergency Motion to Enforce Subject to Defendants' Motion to Stay and Compel ADR (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit A-1, #3 Exhibit Exhibit A-2, #4 Exhibit Exhibit A-3, #5 Exhibit Exhibit A-4, #6 Exhibit Exhibit A-5, #7 Exhibit Exhibit A-6, #8 Exhibit Exhibit A-7, #9 Exhibit Exhibit A-8, #10 Exhibit Exhibit A-9, #11 Exhibit Exhibit A-10, #12 Exhibit Exhibit A-11, #13 Exhibit Exhibit A-12, #14 Exhibit Exhibit A-13, #15 Exhibit Exhibit A-14, #16 Exhibit Exhibit A-15, #17 Exhibit Exhibit A-16, #18 Exhibit Exhibit A-17, #19 Exhibit Exhibit A-18, #20 Exhibit Exhibit B)(Harrod, Tiffany) |
| Filing 37 Miscellaneous Objection to Plaintiffs' Supplemental Evidence to P laintiffs' Motion to Enforce by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Harrod, Tiffany) |
| Filing 36 PLAINTIFF'S RESPONSE in Support, filed by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, Andy Garcia, Julie A Mills, Bryan Neff, Laurie Neff, Loretta Neumann, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek, re #29 MOTION for Temporary Restraining Order Emergency Enforcement filed by Plaintiff O'Banyon Wootsen Custer, Plaintiff Patti Lynn Wiatrek, Plaintiff Luke Schilhab, Plaintiff Natalie Christine Custer, Plaintiff Nevels Properties, LLC, Plaintiff Allison Schilhab, Plaintiff Julie A Mills, Plaintiff Andrew Boger, Plaintiff Eunice Boger, Plaintiff Andy Garcia, Plaintiff Bryan Neff, Plaintiff Laurie Neff, Plaintiff Loretta Neumann (Attachments: #1 Exhibit 2024-07-25 Hearing Transcript - Day 1, #2 Exhibit 2024-08-01 Hearing Transcript - Day 2 State Court Mtn to Enforce, #3 Exhibit Plaintffs' Exhibit P-4 - Streamline Report (5-14-24), #4 Exhibit Plaintiffs' Exhibit P-5 - Streamline Hydrology Report, #5 Exhibit Plaintiffs' Exhibit P-9 Shaw Construction Entrance, #6 Exhibit Plaintiffs' Exhibit P-10 - Sample Site (7-23-24), #7 Exhibit Plaintiffs' Exhibit P-11 Samples taken in TXDoT ROW (7-23-24), #8 Exhibit Plaintiffs' Exhibit P-12 Sample Containers (7-23-24), #9 Exhibit Plaintiffs' Exhibit P-13 Sample Locations (7-23-24), #10 Exhibit Plaintiffs' Exhibit P-14 - SA Testing Lab Results, #11 Exhibit Plaintiffs' Exhibit P-20 - Pond Video (6-10-24).mov, #12 Exhibit Plaintiffs' Exhibit P-21 - Water_On_Road_Headed_To_Tanks (6-10-24).mov, #13 Exhibit Plaintiffs' Exhibit P-22 - Modeling Flow Comparison, #14 Exhibit Plaintiffs' Exhibit P-23 - A. Boger's Declaration & Photographs, #15 Exhibit Plaintiffs' Exhibit P-27 - PGR Corp Rep Weise Report (6-19-24), #16 Exhibit Plaintiffs' Exhibit P-34 - TX Water Code Chapter 11, #17 Exhibit Plaintiffs' Exhibit P-48 - Feb 2024 SWP3, #18 Exhibit DA Limits of Disturbance Flattened (NS Plaintiffs_002172), #19 Exhibit 3A Change Detection, #20 Exhibit 3B Satellite Side by Side (Georeferenced), #21 Exhibit Streamline_Satellite Images from 05.01.24 to Present, #22 Exhibit 2024-09-19 Andrew Boger Declaration (NS Plaintiffs_002171), #23 Exhibit Givler Docs - May 2024 SWP3, #24 Exhibit Permit 2024 02 13 Bandera Co Development, #25 Exhibit 2024-01-16 Stormwater Construction General Permit (RLS_GEI 000425), #26 Exhibit Permit 2024 03 18 TxDOT Driveway - Cox, #27 Exhibit Permit 2024 06 10 TxDOT Driveway - Heep, #28 Exhibit Permit 2024 02 16 TxDOT Driveway - Shaw, #29 Exhibit 2024-07-05 GEI Reivew of 60% Civil Improvement Plans with PGR Comments, #30 Errata 2024-07-08 GEI Review May 2024 SWP3 with PGR Comments, #31 Exhibit 2024-07-10 GEI Site Inspection No. 4, #32 Errata 2024-07-18 GEI Site Inspection No. 5, #33 Exhibit 2024-07-22 GEI Site Inspection No. 6, #34 Exhibit 2024-08-22 GEI Site Inspection No. 10, #35 Exhibit 2024-08-30 GEI Site Inspection No. 11, #36 Exhibit 2024-09-12 GEI Site Inspection No. 13, #37 Exhibit 2024-07-31 Monitor Report 1, #38 Exhibit 2024-09-13 Monitor Report No. 9, #39 Exhibit 2024-07-31 Tech Coord Mtg Minutes No. 1, #40 Exhibit 2024-08-08 Tech Coord Mtg Minutes No. 2, #41 Exhibit 2024-09-10 Tech Coord Mtg Minutes No. 3 Revised, #42 Exhibit 2024-05-01 Hypower Daily Log (RLS_GEI 001045-1048), #43 Exhibit 2024-05-01 Soil Disturbance - Daily Log 17146546, #44 Exhibit 2024-05-03 Hypower Daily Log (RLS_GEI 001051-1062), #45 Exhibit 2024-05-03 Soil Disturbance Daily Log 1714860592, #46 Exhibit 2024-05-03 Soil Disturbance Daily Log 1714860592, #47 Exhibit 2024-05-03 Soil Disturbance Daily Log 1714860593, #48 Exhibit 2024-05-15 Hypower Daily Log (RLS_GEI 001079-1081), #49 Exhibit 2024-05-15 Soil Disturbance Daily Log moving bru, #50 Exhibit 2024-05-17 Hypower Daily Log (RLS_GEI 001083-1085), #51 Exhibit 2024-05-20 Hypower Daily Logs (RLS_GEI 001086-1089), #52 Exhibit 2024-05-21 Hypower Daily (RLS_GEI 001090-1092), #53 Exhibit 2024-05-22 Hypower Daily Log (RLS_GEI 001093-1095), #54 Exhibit 2024-06-01 Hypower Daily Log (RLS_GEI 001120-1122), #55 Exhibit 2024-05-23 Hypower Daily Log (RLS_GEI 001123-1125), #56 Exhibit 2024-06-24 Hypower Daily Log (RLS_GEI 001126-1230), #57 Exhibit 2024-06-05 Hypower Daily Log (RLS_GEI 001131-1133), #58 Exhibit 2024-06-06 Hypower Daily Log (RLS_GEI 001134-1137), #59 Exhibit 2024-06-07 Hypower Daily Log (RLS_GEI 001138-1139), #60 Exhibit 2024-06-11 Hypower Daily Log (RLS_GEI 001148-1153), #61 Exhibit 2024-06-17 Hypower Daily Log (RLS_GEI 001164-1166), #62 Exhibit 2024-06-18 Hypower Daily Log (RLS_GEI 001167-1171), #63 Exhibit 2024-06-19 Hypower Daily Log (RLS_GEI 001172-1175), #64 Exhibit 2024-06-24 Hypower Daily Log (RLS_GEI 001185-1189), #65 Exhibit 2024-06-28 Hypower Daily Log (RLS_GEI 001204-1207), #66 Exhibit 2024-06-28 Soil Disturbance Daily Log 1719611403, #67 Exhibit 2024-07-09 Hypower Daily Log (RLS_GEI 001212-1215), #68 Exhibit 2024-07-13 Hypower Daily Log (RLS_GEI 001236-1242), #69 Exhibit 2024-07-13 Soil Disturbance Daily Log ash1 (RLS_GEI 001238), #70 Exhibit 2024-07-23 Hypower Daily Log (RLS_GEI 001317-1323), #71 Exhibit 2024-07-23 Soil Disturbance Daily Log rain (RLS_GEI 001319), #72 Exhibit 2024-07-23 Soil Disturbance Daily Log rain event shaw (RLS_GEI 001319), #73 Exhibit 2024-08-05 Hypower Daily Log (RLS_GEI 000117-124), #74 Exhibit 2024-08-05 Soil Disturbance Daily Log 1722866149880.332031 (RLS_GEI 000123), #75 Exhibit 2024-08-05 Soil Disturbance Daily Log 1722866150447.913086 (RLS_GEI 000122), #76 Exhibit 2024-08-29 Hypower Daily Log (RLS_GEI 001393-1402), #77 Exhibit 2024-08-29 Soil Disturbance Daily Log 1724969489476.984863, #78 Exhibit 2024-08-29 Soil Disturbance Daily Log 1724969490269.465820, #79 Exhibit 2024-09-05 Hypower Daily Log (RLS_GEI 001418-1425), #80 Exhibit 2024-09-05 Transcript - Hearing on Request for TRO, #81 Exhibit 2024-09-11 T. Harrod Email exchange regard Stanton Visit to Jobsite)(Jackson, Nicole) |
| Filing 35 Transcript filed of Proceedings held on 9/5/2024, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Chris Poage, Telephone number: (210)244-5036 Email: Chris_Poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/8/2024, Redacted Transcript Deadline set for 10/18/2024, Release of Transcript Restriction set for 12/16/2024, (cp) |
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Filing 34
ORDER SETTING MOTION HEARING re #29 MOTION for Temporary Restraining Order Emergency Enforcement filed by O'Banyon Wootsen Custer, Patti Lynn Wiatrek, Luke Schilhab, Natalie Christine Custer, Nevels Properties, LLC, Allison Schilhab, Julie A Mills, Andrew Boger, Eunice Boger, Andy Garcia, Bryan Neff, Laurie Neff, Loretta Neumann, Set Motion Hearing for #29 MOTION for Temporary Restraining Order Emergency Enforcement ( Motion Hearing set for 9/23/2024 10:00 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr)
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| Filing 33 AMENDED COMPLAINT SIXTH against All Defendants amending, filed by Laurie Neff, Julie A Mills, Andy Garcia, Eunice Boger, Andrew Boger, Bryan Neff, Nevels Properties, LLC, Loretta Neumann, O'Banyon Wootsen Custer, Natalie Christine Custer. (Attachments: #1 Exhibit Temporary Injunction, #2 Exhibit Order Enforcing T.I.)(Jackson, Nicole) |
| Filing 32 MOTION for Hearing re #29 MOTION for Temporary Restraining Order Emergency Enforcement Expedited Hearing Request by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, Andy Garcia, Julie A Mills, Bryan Neff, Laurie Neff, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek.. Motions referred to Judge Richard B. Farrer. (Jackson, Nicole) |
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Filing 31
ORDER --IT IS ORDERED that Plaintiffs shall file an amended complaint adhering to federal pleading standards on or before September 12, 2024. IT IS FURTHER ORDERED that the parties shall submit additional, targeted briefing addressing the scope of the case currently before the Court, the parties prior settlement agreement, and any issues related to Alternative Dispute Resolution. The parties respective briefs shall be filed on or before September 26, 2024., (In-Person Hearing set for 10/4/2024 10:00 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr)
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| Filing 29 MOTION for Temporary Restraining Order Emergency Enforcement by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, Andy Garcia, Julie A Mills, Bryan Neff, Laurie Neff, Loretta Neumann, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek. (Attachments: #1 Exhibit February 7, 2024 Temporary Injunction Order, #2 Exhibit April 3, 2024 Enforcement Order, #3 Exhibit Email, #4 Exhibit Declaration of A. Boger). Motions referred to Judge Richard B. Farrer. (Jackson, Nicole) |
| Filing 30 Minute Entry for proceedings held before Judge Richard B. Farrer: Motion Hearing held on 9/5/2024 re #20 MOTION for Leave to File Plaintiffs' Response to Defendants' Motion to Stay This Proceeding and Compel Alternative Dispute Resolution filed by Andrew Boger, #19 MOTION for Leave to File Response to Motion for Leave to File Sealed Documents filed by Andrew Boger, #14 MOTION for Temporary Restraining Order [Emergency] and Preliminary Injunction filed by O'Banyon Wootsen Custer, Patti Lynn Wiatrek, Nevels Properties, LLC, O'bannon Custer, Sandra Levels, Eunice Boger, Bryan Neff, Julie Mills, Luke Schilhab, Natalie Christine Custer, Julie A Mills, Allison Schilhab, Andrew Boger, Andy Garcia, Loretta Neumann, Laurie Neff (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) |
| Filing 28 Sealed Document filed (Attachments: #1 Sealed Exhibit G Part 1, #2 Sealed Exhibit G Part 2, #3 Sealed Exhibit G Part 3, #4 Sealed Exhibit H, #5 Sealed Exhibit I, #6 Sealed Exhibit J, #7 Sealed Exhibit K, #8 Sealed Exhibit L, #9 Sealed Exhibit M, #10 Sealed Exhibit N) (mgr) |
| Filing 27 Sealed Document filed (Attachments: #1 Sealed Exhibit C Part 6, #2 Sealed Exhibit C Part 7, #3 Sealed Exhibit C Part 8, #4 Sealed Exhibit D, #5 Sealed Exhibit E Part 1, #6 Sealed Exhibit E Part 2) (mgr) |
| Filing 26 Sealed Document filed (Attachments: #1 Sealed Exhibit B, #2 Sealed Exhibit C Part 1, #3 Sealed Exhibit C Part 2, #4 Sealed Exhibit C Part 3, #5 Sealed Exhibit C Part 4) (mgr) |
| Filing 25 RESPONSE to Motion, filed by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, Andy Garcia, Julie A Mills, Bryan Neff, Laurie Neff, Loretta Neumann, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek, re #10 MOTION to Compel Alternative Dispute Resolution and Stay Proceeding filed by Defendant Rio Lago Solar, LLC, Defendant Pine Gate Renewables, LLC (mgr) |
| Filing 24 RESPONSE to Motion, filed by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, Andy Garcia, Julie A Mills, Bryan Neff, Laurie Neff, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek, re #4 Motion for leave to File Sealed Document filed by Defendant Rio Lago Solar, LLC, Defendant Pine Gate Renewables, LLC, #2 Motion for leave to File Sealed Document filed by Defendant Rio Lago Solar, LLC, Defendant Pine Gate Renewables, LLC, #3 Motion for leave to File Sealed Document filed by Defendant Rio Lago Solar, LLC, Defendant Pine Gate Renewables, LLC (mgr) |
| Filing 23 REPLY to Response to Motion, filed by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, O'bannon Custer, Andy Garcia, Sandra Levels, Julie A Mills, Julie Mills, Bryan Neff, Laurie Neff, Loretta Neumann, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek, re #14 MOTION for Temporary Restraining Order [Emergency] and Preliminary Injunction filed by O'Banyon Wootsen Custer, Patti Lynn Wiatrek, Nevels Properties, LLC, Counter Defendant O'bannon Custer, Counter Defendant Sandra Levels, Eunice Boger, Bryan Neff, Counter Defendant Julie Mills, Luke Schilhab, Natalie Christine Custer, Julie A Mills, Allison Schilhab, Andrew Boger, Andy Garcia, Loretta Neumann, Laurie Neff (Jackson, Nicole) |
| Filing 22 Motion for leave to File Sealed Document. Referral Judge: Richard B. Farrer. (Attachments: #1 Memo in Support SEALED DOCUMENT, #2 Exhibit A - SEALED DOCUMENT, #3 Proposed Order) (Harrod, Tiffany) |
| Filing 21 RESPONSE to Motion, filed by Pine Gate Renewables, LLC, Rio Lago Solar, LLC, re #14 MOTION for Temporary Restraining Order [Emergency] and Preliminary Injunction filed by O'Banyon Wootsen Custer, Patti Lynn Wiatrek, Nevels Properties, LLC, Counter Defendant O'bannon Custer, Counter Defendant Sandra Levels, Eunice Boger, Bryan Neff, Counter Defendant Julie Mills, Luke Schilhab, Natalie Christine Custer, Julie A Mills, Allison Schilhab, Andrew Boger, Andy Garcia, Loretta Neumann, Laurie Neff (Harrod, Tiffany) (Additional attachment(s) added on 9/6/2024: #1 Sealed Exhibit A) (mgr). |
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Text Order MOOTING IN PART AND TAKING UNDER ADVISEMENT IN PART #14 Plaintiffs' Motion for TRO and Preliminary Injunction. For the reasons stated on the record at the September 5, 2024, hearing, the portion of the motion requesting a temporary restraining order is moot and the portion requesting a preliminary injunction will be taken up at a date set in the Court's forthcoming order. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HZlc)
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Text Order GRANTING #22 Motion for Leave to File Sealed Document. While there is a presumption in favor of the publics access to judicial records, the Court finds that the material contained in this exhibit refers to potentially sensitive business information such that sealing is warranted at this time. Defendants are further ORDERED to review this filing and submit a filing compliant with the Fifth Circuits standard as set forth in Binh Hoa Le v. Exeter Fin. Corp., 990 F.3d 410 (5th Cir. 2021) on or before 90 days from the date of this order. The Court will continue to review the status of this litigation and reserves the right to strike any non-compliant portions of the motion. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HZlc)
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Text Order GRANTING #4 Defendants' Motion for Leave to File Sealed Document. While there is a presumption in favor of the publics access to judicial records, the Court finds that the material contained in this motion refers to potentially sensitive business information such that sealing is warranted at this time. Defendants are further ORDERED to review this motion and submit a filing compliant with the Fifth Circuit standard as set forth in Binh Hoa Le v. Exeter Fin. Corp., 990 F.3d 410 (5th Cir. 2021) on or before 90 days from the date of this order. The Court will continue to review the status of this litigation and reserves the right to strike any non-compliant portions of the motion. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HZlc)
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Text Order GRANTING #3 Defendants' Motion for Leave to File Sealed Document. While there is a presumption in favor of the publics access to judicial records, the Court finds that the material contained in this motion refers to potentially sensitive business information such that sealing is warranted at this time. Defendants are further ORDERED to review this motion and submit a filing compliant with the Fifth Circuit standard as set forth in Binh Hoa Le v. Exeter Fin. Corp., 990 F.3d 410 (5th Cir. 2021) on or before 90 days from the date of this order. The Court will continue to review the status of this litigation and reserves the right to strike any non-compliant portions of the motion. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HZlc)
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Text Order GRANTING #2 Defendants' Motion for Leave to File Sealed Document. While there is a presumption in favor of the publics access to judicial records, the Court finds that the material contained in this motion refers to potentially sensitive business information such that sealing is warranted at this time. Defendants are further ORDERED to review this motion and submit a filing compliant with the Fifth Circuit standard as set forth in Binh Hoa Le v. Exeter Fin. Corp., 990 F.3d 410 (5th Cir. 2021) on or before 90 days from the date of this order. The Court will continue to review the status of this litigation and reserves the right to strike any non-compliant portions of the motion. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HZlc)
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Text Order GRANTING #20 Motion for Leave to File entered by Judge Richard B. Farrer. The document attached to the motion shall be placed on the docket and entitled, Response to Defendants #10 Motion to Stay this Proceeding and Compel Alternative Dispute Resolution. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RBF)
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Text Order GRANTING #19 Motion for Leave to File entered by Judge Richard B. Farrer. The document attached to the motion shall be placed on the docket and entitled, Response to #2 , #3 , #4 Motion for Leave to File Sealed Documents. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RBF)
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| Filing 20 MOTION for Leave to File Plaintiffs' Response to Defendants' Motion to Stay This Proceeding and Compel Alternative Dispute Resolution by Andrew Boger. (Attachments: #1 Exhibit PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO STAY THIS PROCEEDING AND COMPEL ALTERNATIVE DISPUTE RESOLUTION). Motions referred to Judge Richard B. Farrer. (Jackson, Nicole) |
| Filing 19 MOTION for Leave to File Response to Motion for Leave to File Sealed Documents by Andrew Boger. (Attachments: #1 Exhibit Response to Motion for Leave to File Sealed Documents). Motions referred to Judge Richard B. Farrer. (Jackson, Nicole) |
| Filing 18 Counter-Defendants' ANSWER to #11 Answer to Complaint (Notice of Removal), Counterclaim by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, O'bannon Custer, Andy Garcia, Sandra Levels, Julie A Mills, Julie Mills, Bryan Neff, Laurie Neff, Loretta Neumann, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek.(Jackson, Nicole) |
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Filing 17
ORDER SETTING HEARING ON TEMPORARY RESTRAINING ORDER re #14 MOTION for Temporary Restraining Order [Emergency] and Preliminary Injunction filed by O'Banyon Wootsen Custer, Patti Lynn Wiatrek, Nevels Properties, LLC, O'bannon Custer, Sandra Levels, Eunice Boger, Bryan Neff, Julie Mills, Luke Schilhab, Natalie Christine Custer, Julie A Mills, Allison Schilhab, Andrew Boger, Andy Garcia, Loretta Neumann, Laurie Neff, Set Motion Hearing for #14 MOTION for Temporary Restraining Order [Emergency] and Preliminary Injunction ( Motion Hearing set for 9/5/2024 10:00 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr)
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Filing 16
ORDER REFERRING CASE to Magistrate Judge Richard B. Farrer. Signed by Judge Orlando L. Garcia. (wg)
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| Filing 15 Memorandum in Support of #14 MOTION for Temporary Restraining Order [Emergency] and Preliminary Injunction by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, O'bannon Custer, Andy Garcia, Sandra Levels, Julie A Mills, Julie Mills, Bryan Neff, Laurie Neff, Loretta Neumann, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek. (Jackson, Nicole) |
| Filing 14 MOTION for Temporary Restraining Order [Emergency] and Preliminary Injunction by Andrew Boger, Eunice Boger, Natalie Christine Custer, O'Banyon Wootsen Custer, O'bannon Custer, Andy Garcia, Sandra Levels, Julie A Mills, Julie Mills, Bryan Neff, Laurie Neff, Loretta Neumann, Nevels Properties, LLC, Allison Schilhab, Luke Schilhab, Patti Lynn Wiatrek. (Jackson, Nicole) |
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Text Order GRANTING #13 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. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)
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| Filing 13 MOTION to Appear Pro Hac Vice by Tiffany A. Harrod on behalf of Steve Garcia ( Filing fee $ 100 receipt number ATXWDC-19125351) by on behalf of Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Attachments: #1 Proposed Order)(Harrod, Tiffany) |
| Filing 12 Pro Hac Vice Letter to Attorneys Dominic Cruciani, Wendy Martinez, Anthony Lucisano, Steve Garcia regarding Attorney Admission to the Western District of Texas. (mgr) |
| Filing 11 ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against All Plaintiffs by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Harrod, Tiffany) |
| Filing 10 MOTION to Compel Alternative Dispute Resolution and Stay Proceeding by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Attachments: #1 Memo in Support, #2 Proposed Order)(Harrod, Tiffany) |
| Filing 9 SUPPLEMENT to #5 Attachment, #7 Supplement,,, #1 Notice of Removal, CORRECTED Amended Index of Attached State Court Pleadings - Part 2 by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Attachments: #1 Supplement Doc 48 Listed on Amended Index, #2 Supplement Doc 49 Listed on Amended Index, #3 Supplement Doc 50 Listed on Amended Index, #4 Supplement Doc 56 Listed on Amended Index)(Harrod, Tiffany) |
| Filing 8 SUPPLEMENT to #5 Attachment, #1 Notice of Removal, #6 Supplement,,,,,,,,, CORRECTED Amended Index of Attached State Court Pleadings - Part 1 by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Attachments: #1 Supplement Doc 1 Listed on Amended Index, #2 Supplement Doc 2 Listed on Amended Index, #3 Supplement Doc 3 Listed on Amended Index, #4 Supplement Doc 4 Listed on Amended Index, #5 Supplement Doc 5 Listed on Amended Index, #6 Supplement Doc 6 Listed on Amended Index, #7 Supplement Doc 7 Listed on Amended Index, #8 Supplement Doc 8 Listed on Amended Index, #9 Supplement Doc 9 Listed on Amended Index, #10 Supplement Doc 10 Listed on Amended Index, #11 Supplement Doc 11 Listed on Amended Index, #12 Supplement Doc 12 Listed on Amended Index, #13 Supplement Doc 13 Listed on Amended Index, #14 Supplement Doc 14 Listed on Amended Index, #15 Supplement Doc 15 Listed on Amended Index, #16 Supplement Doc 16 Listed on Amended Index, #17 Supplement Doc 19 Listed on Amended Index, #18 Supplement Doc 20 Listed on Amended Index, #19 Supplement Doc 21 Listed on Amended Index, #20 Supplement Doc 22 Listed on Amended Index, #21 Supplement Doc 23 Listed on Amended Index, #22 Supplement Doc 24 Listed on Amended Index, #23 Supplement Doc 25 Listed on Amended Index, #24 Supplement Doc 26 Listed on Amended Index, #25 Supplement Doc 27 Listed on Amended Index, #26 Supplement Doc 28 Listed on Amended Index, #27 Supplement Doc 29 Listed on Amended Index, #28 Supplement Doc 30 Listed on Amended Index, #29 Supplement Doc 31 Listed on Amended Index, #30 Supplement Doc 32 Listed on Amended Index, #31 Supplement Doc 33 Listed on Amended Index, #32 Supplement Doc 34 Listed on Amended Index, #33 Supplement Doc 35 Listed on Amended Index, #34 Supplement Doc 36 Listed on Amended Index, #35 Supplement Doc 37 Listed on Amended Index, #36 Supplement Doc 38 Listed on Amended Index, #37 Supplement Doc 39 Listed on Amended Index, #38 Supplement Doc 40 Listed on Amended Index, #39 Supplement Doc 41 Listed on Amended Index, #40 Supplement Doc 42 Listed on Amended Index)(Harrod, Tiffany) |
| Filing 7 SUPPLEMENT to #5 Attachment, #1 Notice of Removal, Amended Index of Attached State Court Pleadings - Part 2 by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Attachments: #1 Supplement Doc 45 Listed on Amended Index, #2 Supplement Doc 46 Listed on Amended Index, #3 Supplement Doc 47 Listed on Amended Index, #4 Supplement Doc 48 Listed on Amended Index, #5 Supplement Doc 49 Listed on Amended Index, #6 Supplement Doc 50 Listed on Amended Index, #7 Supplement Doc 51 Listed on Amended Index, #8 Supplement Doc 52 Listed on Amended Index, #9 Supplement Doc 53 Listed on Amended Index, #10 Supplement Doc 54 Listed on Amended Index, #11 Supplement Doc 55 Listed on Amended Index, #12 Supplement Doc 56 Listed on Amended Index)(Harrod, Tiffany) |
| Filing 6 SUPPLEMENT to #5 Attachment, #1 Notice of Removal, Amended Index of Attached State Court Pleadings - Part 1 by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Attachments: #1 Supplement Doc 1 Listed on Amended Index, #2 Supplement Doc 2 Listed on Amended Index, #3 Supplement Doc 3 Listed on Amended Index, #4 Supplement Doc 4 Listed on Amended Index, #5 Supplement Doc 5 Listed on Amended Index, #6 Supplement Doc 6 Listed on Amended Index, #7 Supplement Doc 7 Listed on Amended Index, #8 Supplement Doc 8 Listed on Amended Index, #9 Supplement Doc 9 Listed on Amended Index, #10 Supplement Doc 10 Listed on Amended Index, #11 Supplement Doc 11 Listed on Amended Index, #12 Supplement Doc 12 Listed on Amended Index, #13 Supplement Doc 13 Listed on Amended Index, #14 Supplement Doc 14 Listed on Amended Index, #15 Supplement Doc 15 Listed on Amended Index, #16 Supplement Doc 16 Listed on Amended Index, #17 Supplement Doc 17 Listed on Amended Index, #18 Supplement Doc 18 Listed on Amended Index, #19 Supplement Doc 19 Listed on Amended Index, #20 Supplement Doc 20 Listed on Amended Index, #21 Supplement Doc 21 Listed on Amended Index, #22 Supplement Doc 22 Listed on Amended Index, #23 Supplement Doc 23 Listed on Amended Index, #24 Supplement Doc 24 Listed on Amended Index, #25 Supplement Doc 25 Listed on Amended Index, #26 Supplement Doc 26 Listed on Amended Index, #27 Supplement Doc 27 Listed on Amended Index, #28 Supplement Doc 28 Listed on Amended Index, #29 Supplement Doc 29 Listed on Amended Index, #30 Supplement Doc 30 Listed on Amended Index, #31 Supplement Doc 31 Listed on Amended Index, #32 Supplement Doc 32 Listed on Amended Index, #33 Supplement Doc 33 Listed on Amended Index, #34 Supplement Doc 34 Listed on Amended Index, #35 Supplement Doc 35 Listed on Amended Index, #36 Supplement Doc 36 Listed on Amended Index, #37 Supplement Doc 37 Listed on Amended Index, #38 Supplement Doc 38 Listed on Amended Index, #39 Supplement Doc 39 Listed on Amended Index, #40 Supplement Doc 40 Listed on Amended Index, #41 Supplement Doc 41 Listed on Amended Index, #42 Supplement Doc 42 Listed on Amended Index, #43 Supplement Doc 43 Listed on Amended Index, #44 Supplement Doc 44 Listed on Amended Index)(Harrod, Tiffany) |
| Filing 5 ATTACHMENT Amended Index of Attached State Court Pleadings to #1 Notice of Removal, by Pine Gate Renewables, LLC, Rio Lago Solar, LLC. (Harrod, Tiffany) |
| Filing 4 Motion for leave to File Sealed Document (Attachments: #1 Memo in Support SEALED DOCUMENT, #2 Exhibit F - SEALED DOCUMENT, #3 Exhibit G Part 1 - SEALED DOCUMENT, #4 Exhibit G Part 2 - SEALED DOCUMENT, #5 Exhibit G Part 3 - SEALED DOCUMENT, #6 Exhibit H - SEALED DOCUMENT, #7 Exhibit I - SEALED DOCUMENT, #8 Exhibit J - SEALED DOCUMENT, #9 Exhibit K - SEALED DOCUMENT, #10 Exhibit L - SEALED DOCUMENT, #11 Exhibit M - SEALED DOCUMENT, #12 Exhibit N - SEALED DOCUMENT, #13 Proposed Order) (Harrod, Tiffany) |
| Filing 3 Motion for leave to File Sealed Document (Attachments: #1 Memo in Support SEALED DOCUMENT, #2 Exhibit C Part 5 - SEALED DOCUMENT, #3 Exhibit C Part 6 - SEALED DOCUMENT, #4 Exhibit C Part 7 - SEALED DOCUMENT, #5 Exhibit C Part 8 - SEALED DOCUMENT, #6 Exhibit D - SEALED DOCUMENT, #7 Exhibit E Part 1 - SEALED DOCUMENT, #8 Exhibit E Part 2 - SEALED DOCUMENT, #9 Proposed Order) (Harrod, Tiffany) |
| Filing 2 Motion for leave to File Sealed Document (Attachments: #1 Memo in Support SEALED DOCUMENT, #2 Exhibit A, #3 Exhibit B - SEALED DOCUMENT, #4 Exhibit C Part 1 - SEALED DOCUMENT, #5 Exhibit C Part 2 - SEALED DOCUMENT, #6 Exhibit C Part 3 - SEALED DOCUMENT, #7 Exhibit C Part 4 - SEALED DOCUMENT, #8 Proposed Order) (Harrod, Tiffany) |
| Case assigned to Judge Orlando L. Garcia. 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. (mgr) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (mgr) |
| Filing 1 NOTICE OF REMOVAL by Rio Lago Solar, LLC, Pine Gate Renewables, LLC (Filing fee $405 receipt number ATXWDC-19059413), filed by Rio Lago Solar, LLC, Pine Gate Renewables, LLC. (Attachments: #1 Civil Cover Sheet, #2 Supplement)(Harrod, Tiffany) |
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