Smith v. Jay-Bee Oil & Gas, Inc. et al
| Allen E. Smith, Debra Lynn Kurifs, Brenda Lea Hopper, Richard L. Armstrong and Donald R. Reynolds |
| Jay-Bee Production Company, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Royalty, LLC, Randall J. Broda and Deborah V. Broda-Morgan |
| Blackrock Enterprises, LLC and Michael L. Benedum |
| BB Land, LLC, JBU, LLC, JB Exploration II, LLC, DMRB Services, LLC and Abacus Union, LLC |
| 5:2020cv00101 |
| May 22, 2020 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 17, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 90 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith re #79 Certificate of Service, Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Jay-Bee Oil & Gas, Inc.. (Swiger, Brian) |
| Filing 89 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant JB Exploration II, LLC. (Swiger, Brian) |
| Filing 88 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant Deborah V. Broda-Morgan. (Swiger, Brian) |
| Filing 87 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant BB Land, LLC. (Swiger, Brian) |
| Filing 86 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant JB Exploration I, LLC. (Swiger, Brian) |
| Filing 85 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant Jay-Bee Production Company. (Swiger, Brian) |
| Filing 84 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant Abacus Union, LLC. (Swiger, Brian) |
| Filing 83 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant Randall J. Broda. (Swiger, Brian) |
| Filing 82 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant JBU, LLC. (Swiger, Brian) |
| Filing 81 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant Jay-Bee Royalty, Inc.. (Swiger, Brian) |
| Filing 80 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant DMBR Services, LLC. (Swiger, Brian) |
| Filing 79 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant Jay-Bee Oil & Gas, Inc.. (Swiger, Brian) |
| Filing 78 ANSWER to #57 Amended Complaint by Deborah V. Broda-Morgan.(Bailey, Charles) |
| Filing 77 STIPULATION Amended Joint Stipulation of Extension of Time to Answer or Otherwise Respond to the Counterclaim by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds. (Swiger, Brian) |
| Filing 76 STIPULATION re #75 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, of Extension of Time to Answer or Otherwise Respond to the Counterclaim by Richard L. Armstrong, Michael L. Benedum, Blackrock Enterprises, LLC, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith. (Swiger, Brian) |
| Filing 75 ANSWER to #57 Amended Complaint , THIRD PARTY COMPLAINT against Michael L. Benedum, Blackrock Enterprises, LLC, COUNTERCLAIM against Michael L. Benedum, Blackrock Enterprises, LLC by JBU, LLC, JB Exploration II, LLC, DMRB Services, LLC, BB Land, LLC, Abacus Union, LLC.(Bailey, Charles) |
| Filing 74 WAIVER OF SERVICE Returned Executed by Brenda Lea Hopper, Debra Lynn Kurifs, Richard L. Armstrong, Donald R. Reynolds. JB Exploration II, LLC waiver sent on 1/15/2021, answer due 3/16/2021. (Marshall, Jonathan) |
| Filing 73 STIPULATION to Hold Written Discovery in Abeyance Until All Defendants Respond to Plaintiffs' First Amended Complaint by JB Exploration I, LLC, JB Exploration II, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) |
| Filing 72 WAIVER OF SERVICE Returned Executed by Brenda Lea Hopper, Debra Lynn Kurifs, Richard L. Armstrong, Donald R. Reynolds. Deborah V. Broda-Morgan waiver sent on 12/18/2020, answer due 2/16/2021. (Marshall, Jonathan) |
| Filing 71 SUMMONS Returned Executed as to Abacus Union, LLC served on 12/15/2020. (nmm) |
| Filing 70 SUMMONS Returned Executed as to JBU, LLC served on 12/15/2020. (nmm) Modified docket text re: service date on 12/21/2020 (nmm). |
| Filing 69 SUMMONS Returned Executed as to BB Land, LLC served on 12/16/2020. (nmm) |
| Filing 68 SUMMONS Returned Executed as to JB Exploration II, LLC served on 12/16/2020. (nmm) |
| Filing 67 SUMMONS Returned Executed as to DMRB Services, LLC served on 12/16/2020. (nmm) |
| Filing 60 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant JB Exploration I, LLC. (Marshall, Jonathan) |
| Filing 59 CERTIFICATE OF SERVICE by Richard L. Armstrong, Brenda Lea Hopper, Debra Lynn Kurifs, Donald R. Reynolds, Allen E. Smith for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant Jay-Bee Production Company. (Marshall, Jonathan) |
| Filing 58 ANSWER to #57 Amended Complaint by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC.(Bailey, Charles) |
Filing 56
UNOPPOSED ORDER TO AMEND CLASS ACTION COMPLAINT: granting #55 Motion to Amend/Correct. The First Amended Class Action Complaint shall be deemed filed on October 21, 2020. Signed by District Judge John Preston Bailey on 10/22/2020. (nmm)
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| Filing 57 FIRST AMENDED CLASS ACTION COMPLAINT against All Defendants, filed by Brenda Lea Hopper, Debra Lynn Kurifs, Richard L. Armstrong, Donald R. Reynolds.(nmm) |
| Filing 55 MOTION to Amend/Correct Class Action Complaint by Brenda Lea Hopper, Debra Lynn Kurifs, Allen E. Smith. (Attachments: #1 Exhibit A, #2 Proposed Order)(Swiger, Brian) |
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Filing 54
ORDER terminating Plaintiff's Motion for Protective Order [Doc. 2] is hereby TERMINATED in light of this Court's subsequent Order [Doc. 53]. Signed by District Judge John Preston Bailey on 10/13/2020. (hr)
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Filing 53
ORDER: By Order entered August 6,2020 #43 , this Court directed the parties to submit an agreed template for future letters to be sent to similarly situated leaseholders, or provide competing versions of future letters. This Court, having reviewed the same, has prepared five letters, attached hereto, which may be used in communicating with leaseholders, pending further order of this Court. Signed by District Judge John Preston Bailey on 10/5/2020. (ag)
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| Filing 52 NOTICE of Change of Address by Jenny Lynn Hayhurst (Hayhurst, Jenny) |
| Filing 51 CERTIFICATE OF SERVICE by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC Initial Disclosures Under Fed R Civ P 26(a)(1). (Bailey, Charles) |
| Filing 50 CERTIFICATE OF SERVICE by Brenda Lea Hopper, Debra Lynn Kurifs, Allen E. Smith for Plaintiffs' Rule 26(a) Initial Disclosures. (Marshall, Jonathan) |
| Filing 49 RESPONSE by Brenda Lea Hopper, Debra Lynn Kurifs to #48 Other Document,. (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)(Benninger, J.) |
| Filing 48 Other Document Defendants Proposed Template for Communications with Lessors Regarding Post-Production Expenses filed by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2-A, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Bailey, Charles) |
| Filing 47 Other Document PLAINTIFFS PROPOSED TEMPLATE FOR COMMUNICATION WITH LEASEHOLDERS filed by Brenda Lea Hopper, Debra Lynn Kurifs. (Benninger, J.) |
| Filing 46 TRANSCRIPT PURCHASE ORDER by Jay-Bee Oil & Gas, Inc. for proceedings held on 8/5/2020 before Judge Bailey. (ck) |
| Filing 45 TRANSCRIPT PURCHASE ORDER by Jay-Bee Oil & Gas, Inc. for proceedings held on 8/5/2020 before Judge Bailey. (ck) |
| Filing 44 TRANSCRIPT of Proceedings held on 8/5/2020, before Judge Bailey. Court Reporter/Transcriber Cindy Knecht, Telephone number 304.234.3968. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 9/1/2020. Redacted Transcript Deadline set for 9/11/2020. Release of Transcript Restriction set for 11/9/2020. (ck) |
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Filing 43
ORDER. At the hearing on #2 Motion for Protective Order the Court ORDERED: Within fourteen (14) days, the parties are to submit an agreed template for future letters to be sent to similarly situated leaseholders, or provide competing versions of future letters. Signed by District Judge John Preston Bailey on 8/6/2020. (ag)
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| Filing 42 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge John Preston Bailey: Motion Hearing held on 8/5/2020 re #2 MOTION for Protective Order filed by Allen E. Smith. (Court Reporter Cindy Knecht.) (bjt) |
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Filing 40
AGREED PROTECTIVE ORDER. Signed by District Judge John Preston Bailey on 8/4/2020. (ag)
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| Filing 39 Proposed Protective Order by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) |
| Filing 38 REPORT of Rule 26(f) Planning Meeting. (Bailey, Charles) |
| Filing 37 NOTICE of Appearance by Brian R. Swiger on behalf of All Plaintiffs (Swiger, Brian) |
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Filing 36
PAPERLESS ORDER: For reasons appearing to the Court, the Motion Hearing previously set for WEDNESDAY, AUGUST 5, 2020, REMAINS SET with a TIME CHANGE ONLY. The Hearing is now set for 3:00 PM in Wheeling District Judge Courtroom, North, before District Judge John Preston Bailey. Signed by District Judge John Preston Bailey on 7/16/2020. (bjt)
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Filing 35
ORDER SETTING HEARING on #2 MOTION for Protective Order : Motion Hearing set for 8/5/2020 10:00 AM in Wheeling District Judge Courtroom before District Judge John Preston Bailey. Signed by District Judge John Preston Bailey on 7/16/2020. (ag)
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Filing 34
ORDER GRANTING IN PART PLAINTIFFS' MOTION TO CONSOLIDATE. The Court GRANTS IN PART Plaintiffs' Motion to Consolidate [Doc 4, 5:20-cv-00110]. It is hereby ORDERED that Civil Action No. 5:20-CV-00110 and Civil Action No. 5:20-CV-00101 shall be CONSOLIDATED for pre- trial purposes, and the lead case shall proceed under Civil Action No. 5:20-CV-00101. Signed by District Judge John Preston Bailey on 6/29/2020. (ag)
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Filing 33
ORDER GRANTING MOTION FOR SUBSTITUTION #32 . Brenda Lea Hopper and Debra Lynn Kurifs added. Allen E. Smith (individually and on behalf of all other persons and entities similarly situated) terminated. Signed by District Judge John Preston Bailey on 6/26/2020. (ag)
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| Filing 32 MOTION to Substitute Party by Allen E. Smith. (Attachments: #1 Exhibit Letter of Administration)(Benninger, J.) |
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Filing 31
ORDER DENYING #22 MOTION TO REMAND AND FOR EXPEDITED DISCOVERY. Signed by District Judge John Preston Bailey on 6/25/20. (lmm)
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| Filing 30 RESPONSE in Opposition re #22 MOTION to Remand and for Expedited Discovery filed by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) |
| Filing 29 MEMORANDUM in Support of Motion to Remand and for Expedited Discovery by Allen E. Smith re #22 MOTION to Remand and for Expedited Discovery . (Attachments: #1 Exhibit No. 1, #2 Exhibit No. 2, #3 Exhibit No. 3, #4 Exhibit No. 4, #5 Exhibit No. 5, #6 Exhibit No. 6, #7 Exhibit No. 7, #8 Exhibit No. 8, #9 Exhibit No. 9, #10 Exhibit No. 10, #11 Exhibit No. 11)(Benninger, J.) |
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Filing 27
ORDER GRANTING #18 MOTION TO ESTABLISH AND ENLARGE DEADLINES AND RESCHEDULE HEARING. The Hearing on the Motion for Protective Order currently scheduled for June 22, 2020, at 2:30 p.m. is hereby CONTINUED. Signed by District Judge John Preston Bailey on 6/16/20. (lmm)
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| Filing 28 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. A Status Conference was held before District Judge John Preston Bailey on 6/15/2020. (Court Reporter Cindy Knecht.) (bjt) Modified on 6/16/2020 to correct date of hearing. (bjt). |
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Filing 26
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice by Michael D. Leffel. Signed by District Judge John Preston Bailey on 6/15/2020. (ag)
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Filing 25
ORDER granting #12 Motion for Leave to Appear Pro Hac Vice by Shane McDonald. Signed by District Judge John Preston Bailey on 6/15/2020. (ag)
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Filing 24
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice by Rhonda Weiner. Signed by District Judge John Preston Bailey on 6/15/2020. (ag)
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Filing 23
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice by David M. Bates. Signed by District Judge John Preston Bailey on 6/15/2020. (ag)
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| Filing 22 MOTION to Remand and for Expedited Discovery by Allen E. Smith. (Benninger, J.) |
| Filing 21 VERIFICATION OF ATTORNEY ADMISSION to Brent D. Benjamin via CM/ECF sent. (copy to Jenny L. Hayhurst via regular mail)(ag) |
| Filing 20 ANSWER to Complaint by Randall J. Broda.(Bailey, Charles) |
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Filing 19
PAPERLESS ORDER: The previous hearing scheduled for 6/22/2020 is hereby CANCELLED. A Status Conference via Zoom is now set for MONDAY, JUNE 15, 2020, at 3:00 PM in Wheeling District Judge Courtroom, North before District Judge John Preston Bailey. The Court will provide the Zoom link to the parties via email. Signed by District Judge John Preston Bailey on 6/10/2020. (bjt)
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| Filing 18 MOTION to Establish and Enlarge Deadlines and Reschedule Hearing by Allen E. Smith. (Benninger, J.) |
| Filing 17 RESPONSE to Motion re #2 MOTION for Protective Order filed by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) Modified on 6/9/2020 corrected docket text as attorney used reply instead of the correct event response. (cmd). |
| Filing 16 Other Document Notice and Statement Noting Death of Plaintiff filed by Allen E. Smith. (Benninger, J.) |
| Filing 15 CERTIFIED STATE COURT RECORD from Tyler County Circuit Court. (Bailey, Charles) |
| Filing 14 PHV Filing fee for David Bates, Rhonda Weiner, Shane McDonald, and Michael Leffel: $ 800.00, receipt number WVNW002458. (ag) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Michael D. Leffel by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Shane McDonald by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Rhonda Weiner by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice David M. Bates by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) |
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Filing 9
PAPERLESS ORDER: Upon consideration, the MOTION to Stay Deadline to Respond to Plaintiff's First Set of Discovery Requests #7 is GRANTED. Accordingly, the deadline by which answers to discovery requests are due is hereby STAYED pending expiration of the thirty-day period following the Rule 26(f) Conference. It is so ORDERED. Signed by District Judge John Preston Bailey on 5/29/2020. (JP) (copy to attorneys Jenny L Hayhurst and Michael D. Leffel via regular mail, all other counsel via CM/ECF) (ag).
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| Filing 8 Memorandum in Support re #7 MOTION to Stay Deadline to Respond to Plaintiff's First Set of Discovery Requests filed by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) |
| Filing 7 MOTION to Stay Deadline to Respond to Plaintiff's First Set of Discovery Requests by Randall J. Broda, JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bailey, Charles) |
| Filing 6 Corporate Disclosure Statement by JB Exploration I, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Jay-Bee Royalty, LLC. (Bailey, Charles) |
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Filing 5
PAPERLESS ORDER: An Emergency Hearing on the MOTION for Protective Order #2 is hereby set for 6/22/2020, at 2:30 PM, in the Wheeling District Judge Courtroom, North, before District Judge John Preston Bailey. Signed by District Judge John Preston Bailey on 5/27/2020. (JP) (copy to attorneys Jenny L Hayhurst and Michael D. Leffel via regular mail, all other counsel via CM/ECF) (ag).
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| Filing 4 VERIFICATION OF ATTORNEY ADMISSION. (to Michael D. Leffel, David M. Bates, Rhonda Weiner, Shane McDonald via CM/ECF, and Jenny L. Hayhurst via regular mail)(ag) |
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Filing 3
ORDER -- FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 7/24/2020. Rule 26 Meeting Report due by 8/7/2020. Discovery due by 8/21/2020. Signed by District Judge John Preston Bailey on 5/26/2020. (ag)
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| Filing 2 MOTION for Protective Order by Allen E. Smith. (Attachments: #1 Exhibit A - Defendants' communication with Plaintiff, #2 Exhibit B - Correspondence from Plaintiff's counsel to Defendants' counsel)(ag) |
| Filing 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Tyler County, WV (case number 20-C-2H) filed by JB Exploration I, LLC, Jay-Bee Royalty, LLC, Jay-Bee Oil & Gas, Inc., Jay-Bee Production Company, Randall J. Broda. Filing Fee $400, Receipt #0424-3045910. (Attachments: #1 State Court Docket Sheet, #2 State Court Documents, #3 Notice of Filing, #4 Proof of Notice, #5 Civil Cover Sheet)(ag) |
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