Exco Operating Co L P v. Chesapeake Operating L L C et al
| Louisiana Western District Court | |
| Judge: | S Maurice Hicks, Jr |
| Referred: | Mark L Hornsby |
| Case #: | 5:16-cv-00979 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-(Citizenship) |
| Case Filed: | Jul 01, 2016 |
| Terminated: | Apr 30, 2019 |
| Last checked: Wednesday Dec 28, 2016 3:20 AM CST |
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Defendant
Chesapeake Louisiana L P
6100 N Western Avenue
Oklahoma City, OK 73118 |
Represented By
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Defendant
Chesapeake Operating L L C
6100 N Western Avenue
Oklahoma City, OK 73118 |
Represented By
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Plaintiff
Exco Operating Co L P
12377 Merit Drive, Suite 1700
Dallas, TX 75271 |
Represented By
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| Docket last updated: 01/19/2024 11:59 PM CST |
| Tuesday, April 30, 2019 | ||
| 49 | 49
1
pgs
order
Order on Motion to Dismiss/Joint or Voluntary
Tue 04/30 10:44 AM
JUDGMENT granting48 Joint Motion to Dismiss. Signed by Chief Judge S Maurice Hicks, Jr on 4/30/2019. (crt,McDonnell, D) |
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| Monday, April 29, 2019 | ||
| 48 | 48
motion
Dismiss/Joint or Voluntary
Mon 04/29 12:20 PM
JOINT/VOLUNTARY MOTION to Dismiss by All Parties.(aty,McCrory, David) Modified on 4/29/2019 to edit filers (Putch, A) |
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Att: 1
Proposed order
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| Monday, April 08, 2019 | ||
| 47 | 47
1
pgs
order
Memorandum Order
Mon 04/08 3:14 PM
MEMORANDUM ORDER: Exco reports it is likely this action will be resolved within bankruptcy proceedings. Accordingly, the court will defer acting on38 Motion for Partial Summary Judgment. Counsel are directed to advise the court of any decision by the bankruptcy court that affects this civil action. Signed by Magistrate Judge Mark L Hornsby on 4/8/2019. (crt,Putch, A) |
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| Thursday, January 10, 2019 | ||
| 46 | 46
minutes
Status Conference
Fri 01/11 11:23 AM
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: STATUS CONFERENCE held on 1/10/2019. (crt,Keller, J) |
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| 45 | 45
order
Scheduling Order - Hicks
Fri 01/11 10:15 AM
AMENDED SCHEDULING ORDER: Jury Trial set for 11/18/2019 at 08:30 AM in Shreveport Court House before Chief Judge S Maurice Hicks Jr. Pretrial Conference set for 10/17/2019 at 09:30 AM in Shreveport Court House before Chief Judge S Maurice Hicks Jr. Pretrial Order due by 10/10/2019. Plaintiffs Expert Info/Reports due by 6/30/2019. Defendants Expert Info/Reports due by 8/15/2019. Discovery deadline 5/10/2019. Expert Depositions due by 9/30/2019. Daubert Motions due by 10/21/2019. Proposed Pretrial Order inserts and exhibits exchanged by 9/5/2019. Conference/Meeting of counsel to prepare pretrial order to be held by 9/19/2019. Motions in Limine due by 10/3/2019. Trial Depositions due by 10/28/2019. Trial Brief/Pretrial Submissions due by 11/12/2019. Signed by Magistrate Judge Mark L Hornsby on 1/10/2019. (crt,Putch, A) |
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| Monday, January 07, 2019 | ||
| 44 | 44
order
Minute Entry 1 - Terminate Hearings ~Util - Set Hearings
Mon 01/07 4:27 PM
ELECTRONIC MINUTE ENTRY: The status conference originally set for 1/8/19 has been reset for 1/10/19 at 10:30 a.m. in chambers before Magistrate Judge Hornsby. Out-of-town counsel may participate by telephone. Signed by Magistrate Judge Mark L. Hornsby on 1/7/2019. (crt,Stephens, M) |
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| Monday, December 17, 2018 | ||
| 43 | 43
1
pgs
order
Order on Motion to Continue Order on Motion for Hearing
Mon 12/17 3:41 PM
ORDER granting42 Motion to Continue Trial. IT IS ORDERED that the trial date of 6/24/2019 be continued, along with all pretrial deadlines. A status conference is set for 1/8/2019 at 10:30 a.m. Signed by Magistrate Judge Mark L Hornsby on 12/17/2018. (crt,Keifer, K) |
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| Thursday, December 13, 2018 | ||
| 42 | 42
motion
Continue
Thu 12/13 2:44 PM
Joint MOTION to Continue Trial Date and Pretrial Deadlines and To Request Status Conference to Reset Scheduling Order with consent by Exco Operating Co L P. Motions referred to Mark L Hornsby.(aty,Horton, Leland) |
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Att: 1
Proposed order
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| Monday, October 22, 2018 | ||
| 41 | 41
respm
Reply to Response to Motion
Mon 10/22 3:43 PM
REPLY to Response to Motion re38 MOTION for Partial Summary Judgment filed by Chesapeake Louisiana L P, Chesapeake Operating L L C. (aty,McCrory, David) |
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| Monday, October 15, 2018 | ||
| 40 | 40
17
pgs
respm
Memorandum in Opposition to Motion
Mon 10/15 10:03 PM
MEMORANDUM in Opposition re38 MOTION for Partial Summary Judgment filed by Exco Operating Co L P.(aty,Horton, Leland) |
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Att: 1
Affidavit,
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Att: 2
Exhibit ExA to Gaebe Aff,
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Att: 3
Exhibit ExB to Gaebe Aff,
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Att: 4
Statement of material facts
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| Monday, October 01, 2018 | ||
| 39 | 39
notice
Notice of Motion Setting
Mon 10/01 8:47 AM
NOTICE of Motion Setting regarding:38 MOTION for Partial Summary Judgment . Motions referred to Chief Judge S Maurice Hicks, Jr. (crt,Putch, A) |
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| Friday, September 28, 2018 | ||
| 38 | 38
motion
Partial Summary Judgment
Fri 09/28 2:26 PM
MOTION for Partial Summary Judgment by Chesapeake Louisiana L P, Chesapeake Operating L L C.(aty,McCrory, David) |
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Att: 1
Exhibit 1 - Affidavit of Deven Bowles,
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Att: 2
Memorandum / Brief,
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Att: 3
Statement of material facts
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| Wednesday, August 22, 2018 | ||
| 37 | 37
order
Scheduling Order - Hicks
Thu 08/23 10:16 AM
AMENDED SCHEDULING ORDER: Jury Trial set for 6/24/2019 at 8:30 AM in Shreveport Court House before Chief Judge S Maurice Hicks Jr. Pretrial Conference set for 5/16/2019 at 2:00 PM in chambers before Chief Judge S Maurice Hicks Jr. Pretrial Order due by 5/9/2019. Witness List due by 10/22/2018. Defendant's witness list is due seven (7) days after receipt of plaintiff's list. Plaintiffs Expert Info/Reports due by 2/1/2019. Defendants Expert Info/Reports due by 3/1/2019. Discovery deadline 12/20/2018. Expert Depositions due by 4/1/2019. Daubert Motions due by 4/22/2019. Proposed Pretrial Order inserts and exhibits exchanged by 4/4/2019. Conference/Meeting of counsel to prepare pretrial order to be held by 4/18/2019. Motions in Limine due by 5/2/2019. Trial Depositions due by 5/28/2019. Trial Brief/Pretrial Submissions due by 6/17/2019. Signed by Magistrate Judge Mark L Hornsby on 8/22/2018. (crt,Keller, J) |
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| 36 | 36
minutes
Status Conference
Thu 08/23 10:01 AM
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: Telephone STATUS CONFERENCE held on 8/22/2018. (crt,Keller, J) |
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| Monday, August 13, 2018 | ||
| 35 | 35
order
Minute Entry 1 - Terminate Hearings ~Util - Set Hearings
Mon 08/13 9:47 AM
ELECTRONIC MINUTE ENTRY: Due to a court conflict, the TELEPHONE Status Conference originally set for 8/14/2018 is RESCHEDULED for 8/22/2018 at 10:00 AM before Magistrate Judge Mark L. Hornsby. Counsel for Plaintiff will initiate the conference call. The use of cell phones is prohibited. Signed by Magistrate Judge Mark L. Hornsby on 8/13/2018. (crt,Guin, P.) |
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| Friday, August 10, 2018 | ||
| 34 | 34
1
pgs
order
Order on Motion to Enroll as Counsel
Fri 08/10 4:00 PM
ORDER granting33 Motion for Margaret N. Pressly to Enroll as Counsel for Exco Operating Co L P. Signed by Magistrate Judge Mark L Hornsby on 8/10/2018. (crt,Putch, A) |
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| Thursday, August 09, 2018 | ||
| 33 | 33
motion
Enroll as Counsel
Thu 08/09 3:37 PM
MOTION for Margaret N. Pressly to Enroll as Counsel by Exco Operating Co L P. Motions referred to Magistrate Judge Mark L Hornsby.(aty,Horton, Leland) |
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Att: 1
Proposed order
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| Thursday, May 10, 2018 | ||
| 32 | 32
minutes
Status Conference 1 - Terminate Scheduling Order Deadlines ~Util - Set Hearings
Thu 05/10 6:37 PM
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: Telephone STATUS CONFERENCE held on 5/10/2018. All existing deadlines are vacated. A follow-up telephone status conference, to be arranged by Mr. Horton, will be held on August 14, 2018 at 10:00 a.m. The use of cell phones is prohibited. Any party may request an earlier status conference by contacting the undersigned. (crt,Keller, J) |
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| Wednesday, November 15, 2017 | ||
| 31 | 31
minutes
Status Conference ~Util - Set Deadlines/Hearings
Thu 11/16 1:12 PM
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: TELEPHONE STATUS CONFERENCE held on 11/15/2017. Plaintiffs Witness List due by 3/30/2018. Discovery deadline 5/30/2018. A follow-up Telephone Status Conference set for 5/10/2018 01:30 PM before Magistrate Judge Mark L Hornsby. Mr. Horton is directed to make arrangements for the call. The use of cell phones is prohibited. Signed by Magistrate Judge Mark L Hornsby. (crt,Keller, J) |
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| Monday, August 21, 2017 | ||
| 30 | 30
1
pgs
minutes
Status Conference 1 - Terminate Deadlines and Hearings ~Util - Set Deadlines/Hearings
Mon 08/21 2:36 PM
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: Telephone STATUS CONFERENCE held on 8/21/2017. Chesapeake is in the process of reviewing 70,000 emails for relevancy and privilege prior to producing them to Plaintiff. It is anticipated that the review process will be complete by the end of October. All existing deadlines (set in Doc. 28) are vacated. The following new deadlines will control: Witness List due by 1/30/2018. Discovery deadline 3/30/2018. A follow-up telephone Status Conference set for 11/15/2017 at 10:00 AM with Magistrate Judge Mark L Hornsby. Mr. McCrory is directed to make arrangements for the call. The use of cell phones is prohibited. Signed by Magistrate Judge Mark L Hornsby. (crt,Delgado, S) |
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| Thursday, August 17, 2017 | ||
| 29 | 29
order
Minute Entry 1 - Terminate Hearings ~Util - Set Hearings
Thu 08/17 3:09 PM
ELECTRONIC MINUTE ENTRY: Due to an attorney conflict, the TELEPHONE Status Conference set in this matter for 8/18/2017 has been RESCHEDULED for 8/21/2017 at 10:30 AM before Magistrate Judge Mark L. Hornsby. Mr. McCrory will initiate the conference call. The use of cell phones is prohibited. Signed by Magistrate Judge Mark L. Hornsby on 8/17/2017. (crt,Guin, P.) |
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| Wednesday, May 17, 2017 | ||
| 28 | 28
1
pgs
minutes
Status Conference ~Util - Set Deadlines/Hearings
Thu 05/18 2:23 PM
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: STATUS CONFERENCE held on 5/17/2017. Plaintiff's good-faith will call witness list due by 9/15/2017, and Defendant's due 7 days thereafter. Fact Discovery deadline 11/15/2017. Plaintiff's Expert Info/Reports due by 12/19/2017. Defendants Expert Info/Reports due by 1/23/2018. A follow-up telephone status conference is set for 8/18/2017 at 10:30 AM before Magistrate Judge Mark L Hornsby. (crt,Keifer, K) |
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| Friday, February 10, 2017 | ||
| 27 | 27
1
pgs
minutes
Status Conference ~Util - Set Hearings
Fri 02/10 1:48 PM
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: TelephoneSTATUS CONFERENCE held on 2/10/2017. Written discovery remains outstanding to Chesapeake and several third parties. There is insufficient time in theschedule for the parties to complete discovery and get expert reports. Accordingly, the Scheduling Order18 is vacated, and the November 13, 2017 trial date is continued. A follow-up telephone Status Conference, to be initiated by counsel for Defendants, is set for 5/17/2017 at 10:00 AM before Magistrate Judge Mark L Hornsby. The use of cell phones is prohibited. Signed by Magistrate Judge Mark L Hornsby. (crt,Delgado, S) |
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| Thursday, February 02, 2017 | ||
| 26 | 26
order
Minute Entry ~Util - Set Hearings
Thu 02/02 9:38 AM
ELECTRONIC MINUTE ENTRY: A TELEPHONE Status Conference is set for 2/10/2017 at 10:00 AM before Magistrate Judge Mark L. Hornsby to discuss scheduling. Counsel for Plaintiff will initiate the conference call. The use of cell phones is prohibited. Signed by Magistrate Judge Mark L. Hornsby on 2/2/2017. (crt,Guin, P.) |
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utility
Set/Reset Hearings
Thu 02/02 10:47 AM
Reset Hearings per 26 : Telephone Status Conference set for 2/10/2017 at 10:00 AM in before Magistrate Judge Mark L Hornsby. (crt,Delgado, S) |
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| Thursday, December 08, 2016 | ||
| 25 | 25
8
pgs
order
Order on Motion for Protective Order
Thu 12/08 3:46 PM
AGREED PROTECTIVE ORDER granting24 Motion for Protective Order. Signed by Magistrate Judge Mark L Hornsby on 12/8/2016. (crt,Keifer, K) |
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| Wednesday, December 07, 2016 | ||
| 24 | 24
3
pgs
motion
Protective Order
Wed 12/07 11:44 AM
UNOPPOSED MOTION for Entry of Agreed Protective Order by Chesapeake Louisiana L P, Chesapeake Operating L L C. Motions referred to Mark L Hornsby.(aty,McCrory, David) Modified on 12/7/2016 to edit text. (Putch, A) |
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Att: 1
3 pgs
Memorandum / Brief,
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Att: 2
1 pgs
Certificate of Conference,
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Att: 3
8 pgs
Proposed order
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| Tuesday, October 25, 2016 | ||
| 23 | 23
11
pgs
answer
Answer to Amended Complaint
Tue 10/25 4:21 PM
Affirmative Defenses and ANSWER to22 Amended Complaint by Chesapeake Louisiana L P, Chesapeake Operating L L C.(aty,McCrory, David) |
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| Monday, October 17, 2016 | ||
| 22 | 22
11
pgs
cmp
Amended Complaint
Thu 10/20 11:04 AM
SECOND AMENDED COMPLAINT against Chesapeake Louisiana L P, Chesapeake Operating L L C with Jury Demand filed by Exco Operating Co L P.(crt,Putch, A) |
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Att: 1
Exhibits
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| 21 | 21
order
Order on Motion to Amend/Correct
Thu 10/20 10:56 AM
ORDER granting20 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Mark L Hornsby on 10/17/2016. (crt,Putch, A) |
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| Friday, October 14, 2016 | ||
| 20 | 20
4
pgs
motion
Amend/Correct
Fri 10/14 3:53 PM
MOTION to Amend/Correct Complaint with Jury Demand filed by Exco Operating Co L P.(aty,Jones, Tara) Modified on 10/14/2016 to more accurately identify the pleading submitted. (Putch, A) |
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Att: 1
Proposed Second Amended Complaint,
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Att: 2
Proposed order
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utility
Motions Transferred
Fri 10/14 4:55 PM
Motions Transferred regarding20 MOTION to Amend/Correct Complaint. Motions referred to Mark L Hornsby. (crt,Putch, A) |
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| Wednesday, September 14, 2016 | ||
| 19 | 19
minutes
Scheduling Conference
Fri 09/16 4:51 PM
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: SCHEDULING CONFERENCE held on 9/14/2016. (crt,Keifer, K) |
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| 18 | 18
6
pgs
order
Scheduling Order - Hicks
Thu 09/15 10:16 AM
SCHEDULING ORDER: Jury Trial set for 11/13/2017 at 08:30 AM in before Judge S Maurice Hicks. Pretrial Conference set for 10/12/2017 at 01:30 PM in Chambers before Judge S Maurice Hicks. Pretrial Order due by 10/5/2017. Joinder of Parties and Amendment of Pleadings due by 10/14/2016. Witness List due by 12/15/2016. Plaintiffs Expert Info/Reports due by 3/15/2017. Defendants Expert Info/Reports due by 4/15/2017. Discovery deadline 3/15/2017. Expert Depositions due by 6/15/2017. Dispositive Motions due by 7/15/2017. Daubert Motions due by 7/15/2017. Proposed Pretrial Order inserts and exhibits exchanged by 8/31/2017. Conference/Meeting of counsel to prepare pretrial order to be held by 9/14/2017. Motions in Limine due by 9/28/2017. Trial Depositions due by 10/23/2017. Trial Brief/Pretrial Submissions due by 11/6/2017. Signed by Magistrate Judge Mark L Hornsby on 9/14/2016. (crt,Putch, A) |
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| Wednesday, September 07, 2016 | ||
| 17 | 17
4
pgs
misc
Rule 26(f) Report
Wed 09/07 1:49 PM
RULE 26(f) Report by Exco Operating Co L P . (aty,Jones, Tara) |
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| Tuesday, August 23, 2016 | ||
| 16 | 16
10
pgs
answer
Answer to Amended Complaint
Tue 08/23 9:25 AM
ANSWER to14 Amended Complaint by Chesapeake Louisiana L P, Chesapeake Operating L L C.(aty,McCrory, David) Modified on 8/23/2016 to edit text. (Putch, A) |
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| Friday, August 19, 2016 | ||
| 15 | 15
1
pgs
order
Order on Motion to Enroll as Counsel
Mon 08/22 4:37 PM
ORDER granting12 Motion for Tara R Jones to Enroll as Counsel on behalf of Exco Operating Co L P. Signed by Magistrate Judge Mark L Hornsby on 8/19/2016. (crt,Putch, A) |
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| 14 | 14
cmp
Amended Complaint
Mon 08/22 4:35 PM
AMENDED COMPLAINT against Chesapeake Louisiana L P, Chesapeake Operating L L C with Jury Demand filed by Exco Operating Co L P.(crt,Putch, A) |
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Att: 1
Exhibit
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| 13 | 13
order
Order on Motion to Amend/Correct
Mon 08/22 4:28 PM
ORDER granting11 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Mark L Hornsby on 8/19/2016. (crt,Putch, A) |
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| Wednesday, August 17, 2016 | ||
| 12 | 12
motion
Enroll as Counsel
Wed 08/17 5:46 PM
MOTION for Tara R. Jones to Enroll as Counsel by Exco Operating Co L P. Motions referred to Mark L Hornsby.(aty,Reeks, Frank) |
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Att: 1
Proposed order
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| 11 | 11
4
pgs
cmp
Amended Complaint
Wed 08/17 5:32 PM
AMENDED COMPLAINT against All Defendants with Jury Demand filed by Exco Operating Co L P.(aty,Reeks, Frank) |
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Att: 1
Exhibit 1-Amended Complaint,
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Att: 2
Proposed order
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utility
Motions Transferred
Thu 08/18 11:07 AM
Motions Transferred regarding11 MOTION to Amend/Correct Complaint. Motions referred to Mark L Hornsby. (crt,Putch, A) |
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| Tuesday, August 09, 2016 | ||
| 10 | 10
order
Minute Entry/Order Reassigning Case
Tue 08/09 2:05 PM
MINUTE ENTRY REASSIGNING CASE. Case reassigned to Judge S Maurice Hicks. Judge Elizabeth E Foote no longer assigned to case. Issued by Tony R Moore, Clerk of Court, on 8/9/2016. (crt,Reeves, T) |
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| Thursday, August 04, 2016 | ||
| 9 | 9
misc
Corporate Disclosure Statement
Thu 08/04 9:08 AM
CORPORATE DISCLOSURE STATEMENT by Chesapeake Louisiana L P, Chesapeake Operating L L C. (aty,McCrory, David) Modified on 8/4/2016 to add corporate parents. (Putch, A) |
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| Wednesday, August 03, 2016 | ||
| 8 | 8
order
Order of Recusal
Wed 08/03 5:24 PM
ORDER OF RECUSAL. Referred to Chief Judge for reassignment. Signed by Judge Elizabeth E Foote on 8/3/2016. (crt,Keifer, K) |
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| 7 | 7
order
Order Setting Scheduling Conference
Wed 08/03 3:18 PM
ORDER: Scheduling Conference set for 9/14/2016 10:30 AM in Chambers before Magistrate Judge Mark L Hornsby. Rule 26 Conference between parties to take place before 8/24/2016. Initial Disclosures exchanged by 9/7/2016. Rule 26 Report due by 9/7/2016. Signed by Magistrate Judge Mark L Hornsby on 8/3/16. (crt,Delgado, S) |
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| Tuesday, August 02, 2016 | ||
| 6 | 6
2
pgs
order
Memorandum Order
Wed 08/03 1:55 PM
MEMORANDUM ORDER: The Chesapeake entities have appeared in this court numerous times, and their citizenship has been set forth in detail in prior cases, but it must be set forth on the record of this case if the parties wish to ensure that jurisdiction is firmly established. Exco is directed to file an amended complaint, seeking leave of court if then required by FRCP 15, and set forth in detail the citizenship of the Chesapeake defendants. Counsel for the Chesapeake entities are directed to promptly provide the necessary information to counsel for Exco to avoid delay in the resolution of this preliminary issue. Signed by Magistrate Judge Mark L Hornsby on 8/2/2016. (crt,Putch, A) |
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| Monday, August 01, 2016 | ||
| 5 | 5
10
pgs
answer
Answer to Complaint
Mon 08/01 5:58 PM
ANSWER to1 Complaint, by Chesapeake Louisiana L P, Chesapeake Operating L L C.(Attorney David K McCrory added to party Chesapeake Louisiana L P(pty:dft), Attorney David K McCrory added to party Chesapeake Operating L L C(pty:dft))(aty,McCrory, David) |
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| 4 | 4
service
Summons Returned Executed
Mon 08/01 5:08 PM
SUMMONS Returned Executed by Exco Operating Co L P. All Defendants. (aty,Reeks, Frank) |
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| Wednesday, July 06, 2016 | ||
| 3 | 3
6
pgs
service
Summons Issued - All (Form Included)
Wed 07/06 11:21 AM
SUMMONS ISSUED as to Chesapeake Louisiana L P, Chesapeake Operating L L C (crt,Putch, A) |
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| Friday, July 01, 2016 | ||
| 2 | 2
misc
Corporate Disclosure Statement
Fri 07/01 4:09 PM
CORPORATE DISCLOSURE STATEMENT by Exco Operating Co L P. (aty,Reeks, Frank) |
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| 1 | 1
10
pgs
cmp
Complaint
Fri 07/01 3:50 PM
COMPLAINT against All Defendants with Jury Demand (Filing fee $400, receipt number 0536-3114070) filed by Exco Operating Co L P.(Attorney Frank John Reeks, Jr added to party Exco Operating Co L P(pty:pla))(aty,Reeks, Frank) |
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Att: 1
1 pgs
Exhibit A,
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Att: 2
3 pgs
Exhibit B,
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Att: 3
1 pgs
Civil cover sheet
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utility
Case Assigned/Reassigned
Wed 07/06 11:18 AM
CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Mark L Hornsby. (crt,Putch, A) |
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