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 166 |
Filed: 10/29/2021, Entered: None |
Order on Motion to Approve Consent Judgment |
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 Request |
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| 165 |
Filed: 10/27/2021, Entered: None |
Approve Consent Judgment |
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Request |
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| 164 |
Filed: 9/23/2021, Entered: None |
Order on Motion for Extension of Time to File |
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Request |
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| 163 |
Filed: 9/22/2021, Entered: None |
extension of time |
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Request |
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| 162 |
Filed: 8/30/2021, Entered: None |
~Notice (other) |
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Request |
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| 161 |
Filed: 8/11/2021, Entered: None |
Administrative Closing Order |
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Request |
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| 159 |
Filed: 7/21/2021, Entered: None |
Docket |
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Request |
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| 1 |
Filed: 2/22/2016, Entered: None |
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COMPLAINT against Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(cla) (Entered: 02/23/2016)
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Request |
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| 158 |
Filed: 6/8/2021, Entered: 6/8/2021 |
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ENTER ORDER re 156 the Joint Status Report and Notice of Settlement-In-Principle - The Court CONTINIUES this matter to the September 2021 trial docket pending the parties finalizing the terms of settlement (as more fully set out). Signed by Honorable Patrick R Wyrick on 6/8/2021. (ks)
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Request |
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| 157 |
Filed: 6/4/2021, Entered: 6/4/2021 |
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AMENDED JULY CIVIL TRIAL DOCKET: Docket Call set for 7/7/2021 01:30 PM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 7/13/2021 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Request |
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| 156 |
Filed: 5/20/2021, Entered: 5/20/2021 |
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JOINT STATUS REPORT and NOTICE OF SETTLEMENT-IN-PRINCIPLE by Defendants Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Jantzen, Stephen)
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Request |
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| 155 |
Filed: 5/10/2021, Entered: 5/10/2021 |
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JULY CIVIL TRIAL DOCKET: Docket Call set for 7/7/2021 01:30 PM in Courtroom 503 before Honorable Patrick R Wyrick. Non-Jury Bench Trial set for 7/13/2021 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Request |
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| 154 |
Filed: 5/3/2021, Entered: 5/3/2021 |
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ENTER ORDER STRIKING case from the Court's May non-jury trial docket and RESETTING on the Court's July 2021 non-jury trial docket (Bench Trial reset for 7/13/2021 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick). Signed by Honorable Patrick R Wyrick on 5/3/2021. (ks)
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Request |
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Filed: 4/29/2021, Entered: 4/29/2021 |
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***Hearings Terminated: Docket Call stricken. (ks)
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| 153 |
Filed: 4/29/2021, Entered: 4/29/2021 |
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ENTER ORDER (Text Only) - The Docket Call scheduled for Tuesday, May 5, 2021 at 1:30 p.m. is hereby STRICKEN. A Pretrial Conference and Non-Jury Trial to be set by further order of the Court. (This is a text only docket entry; there is no document associated with this entry). Signed by Honorable Patrick R Wyrick on 4/29/2021. (ks)
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| 152 |
Filed: 3/31/2021, Entered: 3/31/2021 |
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ORDER granting in part 151 the Parties' Joint Motion to Temporarily Stay Proceedings (as more fully set out). Signed by Honorable Patrick R Wyrick on 3/31/2021. (ks)
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Request |
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| 151 |
Filed: 3/24/2021, Entered: 3/24/2021 |
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JOINT MOTION to Stay Case Temporarily by All Defendants. (Jantzen, Stephen)
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Request |
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| 150 |
Filed: 3/17/2021, Entered: 3/17/2021 |
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MAY CIVIL TRIAL DOCKET: Non-Jury Bench Trial set for 5/11/2021 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. Docket Call set for 5/5/2021 01:30 PM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Request |
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Filed: 3/4/2021, Entered: 3/4/2021 |
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Docket Annotation: Western District Case Management Entry - Docket corrected to reflect trial as a Non-Jury Bench Trial and not a Jury Trial on the May 2021 trial docket in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Filed: 12/11/2020, Entered: 12/11/2020 |
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Set/Reset Scheduling Order Deadlines: Jury Trial reset on the May 2021 trial docket (5/11/2021 09:00 AM) in Courtroom 503 before Honorable Patrick R Wyrick. Pretrial Report due by 4/9/2021. (ks)
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| 149 |
Filed: 12/11/2020, Entered: 12/11/2020 |
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ORDER granting 148 the Parties' Joint Motion to Enter Eighth Amended Case Management Scheduling Order and continuing case to the May 2021 trial docket (as more fully set out). Signed by Honorable Patrick R Wyrick on 12/11/2020. (ks)
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Request |
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| 148 |
Filed: 12/10/2020, Entered: 12/10/2020 |
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JOINT MOTION to Amend/Correct 119 Scheduling Order, Terminate Motions,,,, by United States of America. (Attachments: # 1 Exhibit Ex. 1 - Proposed Order)(Cernich, Scott)
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Request |
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| 147 |
Filed: 12/4/2020, Entered: 12/4/2020 |
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REPLY to Response to Motion re 132 MOTION to Exclude Certain Opinions of Dr. James R. Kittrell, 131 MOTION to Exclude Certain Opinions of Robert S. Cohen, 133 MOTION to Exclude Certain Opinions of Thomas O. Dahl filed by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit 1 Deposition Exhibit 45 - Partial Consent Decree, # 2 Exhibit 2 Deposition Exhibit 225 - Final Consent Decree, # 3 Exhibit 3 Dovell Expert Report Ex. 3, # 4 Exhibit 4 Dovell EAB Affidavit, # 5 Exhibit 5 Vandeven Expert Report Excerpts, # 6 Exhibit 6 Stankosky Deposition Ex. 245, # 7 Exhibit 7 Cohen Deposition Ex. 1155, # 8 Exhibit 8 Cohen Deposition Tr. Excerpts, # 9 Exhibit 9 Fortuna Expert Report Excerpts, # 10 Exhibit 10 Zoch Expert Report Excerpts, # 11 Exhibit 11 Delaney Deposition Tr. Excerpts, # 12 Exhibit 12 Kittrell Deposition Tr. Excerpts, # 13 Exhibit 13 Wright Deposition Tr. Excerpts, # 14 Exhibit 14 Lane Expert Report Excerpts)(Starns, Byron)
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Request |
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| 146 |
Filed: 12/4/2020, Entered: 12/4/2020 |
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REPLY to Response to Motion re 125 MOTION to Strike Opinion Testimony of Dr. B. Tod Delaney filed by United States of America. (Attachments: # 1 Exhibit 1 (1985 Sauter Demolition Estimate), # 2 Exhibit 2 (1986 Refinery Tour Memo), # 3 Exhibit 3 (UAO to Quantum), # 4 Exhibit 4 (1986 Western Salvage Agreement), # 5 Exhibit 5 (1989 PCI Appraisal), # 6 Exhibit 6 (Excerpts of June 2019 Delaney Expert Report), # 7 Exhibit 7 (Excerpts of July 2018 Depo. of Glen Wright), # 8 Exhibit 8 (Sept. 1998 POLREP No. 1))(Shermer, Steven)
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Request |
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| 145 |
Filed: 12/4/2020, Entered: 12/4/2020 |
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REPLY to Response to Motion re 130 MOTION for Partial Summary Judgment filed by United States of America. (McNeil-Womack, Asia)
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Request |
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| 144 |
Filed: 12/4/2020, Entered: 12/4/2020 |
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REPLY to Response to Motion re 127 MOTION for Summary Judgment filed by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit 1 Jay Vandeven Deposition Tr. excerpts, # 2 Exhibit 2 William Hathaway Deposition Tr. excerpt, # 3 Exhibit 3 Amended Delcaration of Byron E. Starns)(Jantzen, Stephen)
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Request |
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| 143 |
Filed: 12/4/2020, Entered: 12/4/2020 |
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REPLY to Response to Motion re 129 MOTION in Limine for Record Review filed by United States of America. (Attachments: # 1 Exhibit Ex. 1 - Forrester Depo. Excerpt, # 2 Exhibit Ex. 2 - Jan. 18, 2001 Special Notice Letter, # 3 Exhibit Ex. 3 - Feb. 19, 2008 Special Notice Letter, # 4 Exhibit Ex. 4 - Docs re Public Avail. of Admin. Records, # 5 Exhibit Ex. 5 - Dec. 15, 2016 U.S. Prod. Letter, # 6 Exhibit Ex. 6 - Dec. 23, 2016 U.S. Prod. Letter, # 7 Exhibit Ex. 7 - Feb. 12, 2018 U.S. Prod. Letter, # 8 Exhibit Ex. 8 - Vandeven Report Excerpts)(Cernich, Scott)
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Request |
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| 142 |
Filed: 12/4/2020, Entered: 12/4/2020 |
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REPLY to Response to Motion re 126 MOTION to Exclude National Priorities List and Hazard Ranking System Evidence filed by United States of America. (Attachments: # 1 Exhibit Ex. 1 - Cook Expert Disclosure, # 2 Exhibit Ex. 2 - Hathaway Depo Excerpts)(Cernich, Scott)
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Request |
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| 141 |
Filed: 11/20/2020, Entered: 11/20/2020 |
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RESPONSE in Opposition to 127 Defendants' Motion for Summary Judgment filed by United States of America. (Attachments: # 1 Affidavit Declaration of Scott M. Cernich, # 2 Affidavit Declaration of Laura Stankosky (Ex. 1 to Cernich Declaration), # 3 Exhibit Stankosky Ex. 1 - Agenda for Meeting, # 4 Exhibit Stankosky Ex. 2 - Remedial Action Report Excerpts, # 5 Exhibit Stankosky Ex. 3 - Notice of Deficiency, # 6 Exhibit Stankosky Ex. 4 - Omitted, # 7 Exhibit Stankosky Ex. 5 - Meeting Sign-in Sheet, # 8 Exhibit Stankosky Ex. 6 - Emails, # 9 Exhibit Stankosky Ex. 7 - Implementation Schedule, # 10 Exhibit Stankosky Ex. 8 - Meeting Sign-in Sheet, # 11 Exhibit Stankosky Ex. 9 - Clearing and Grubbing Plan, # 12 Exhibit Stankosky Ex. 10 - Site Mobilization Plan, # 13 Exhibit Stankosky Ex. 11 - Scrap Metal and Pipe Demo Plan, # 14 Exhibit Stankosky Ex. 12 - Water Mgt. Plan, # 15 Exhibit Stankosky Ex. 13 - Decontamination Plan, # 16 Exhibit Stankosky Ex. 14 - Intermediate RD Report Excerpts, # 17 Exhibit Stankosky Ex. 15 - Photos from RA Report, # 18 Exhibit Stankosky Ex. 16 - Pre-Final RD Report Excerpt, # 19 Exhibit Stankosky Ex. 17 - EPA Letter re Oversight Costs, # 20 Exhibit Stankosky Ex. 18 - EPA Cost Summary, # 21 Exhibit Cernich Ex. 2 - Emergency Removal Report Excerpt, # 22 Exhibit Cernich Ex. 3 - LOL 106b Petition Excerpts, # 23 Exhibit Cernich Ex. 4 - RD Work Plan, # 24 Exhibit Cernich Ex. 5 - RD Site Management Plan, # 25 Exhibit Cernich Ex. 6 - Envirocon Weekly Status Updates, # 26 Exhibit Cernich Ex 7 - Brady 106b Affidavit Excerpts, # 27 Exhibit Cernich Ex. 8 - Penn 106b Affidavit, # 28 Exhibit Cernich Ex. 9 - Remedial Action Report Excerpts)(Cernich, Scott) Modified on 12/2/2020 to add link to document (ks). Modified on 12/8/2020 (dtb).
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Request |
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| 140 |
Filed: 11/20/2020, Entered: 11/20/2020 |
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RESPONSE in Opposition re 132 MOTION to Exclude Certain Opinions of Dr. James R. Kittrell, 131 MOTION to Exclude Certain Opinions of Robert S. Cohen, 133 MOTION to Exclude Certain Opinions of Thomas O. Dahl filed by United States of America. (Attachments: # 1 Exhibit 1.Mar. 2011 Rebuttal Report of Ray Forrester, # 2 Exhibit 2.Law of Petroleum Sludges and Slop Oils, # 3 Exhibit 3.Excerpts of June 14, 2019 Expert Report of Richard Fortuna, # 4 Exhibit 4.Excerpts of July 14, 2020 Depo. of Richard Fortuna, # 5 Exhibit 5.Excerpt of June 8, 2010 Report of Ray Forrester, # 6 Exhibit 6.Sept. 8, 1977 Memorandum (Depo. Ex. 87), # 7 Exhibit 7.Excerpts of Land OLakes Summ. J. Mot. filed in Land OLakes, Inc. v. Employers Mut. Liab. Ins. Co. of Wisc., et al.,, # 8 Exhibit 8.Excerpts of July 21, 2020 Depo. of Bernard Delaney, # 9 Exhibit 9.Excerpts of June 14, 2019 Expert Report of Randall Grip, # 10 Exhibit 10.Excerpt of March 3, 1986 Letter to Anna L. Wolgast, # 11 Exhibit 11.Excerpts of Dons Oilfield Service Records (Depo. Ex.71), # 12 Exhibit 12.Excerpts of Contractor Invoices (Depo. Ex.73), # 13 Exhibit 13.Excerpt of May 14, 2018 Depo. of Louis Al Williams, # 14 Exhibit 14.Excerpts of June 14, 2019 Expert Report of Dr. B. Tod. Delaney, # 15 Exhibit 15.Excerpts of June 14, 2019 Expert Report of Dr. Tarek Saba, # 16 Exhibit 16.Excerpt of July 6, 2009 Sampling and Analysis Plan, # 17 Exhibit 17.Excerpt of Aug. 7, 2015 Affid. of Paul D. Boehm, # 18 Exhibit 18.Excerpts of Aug. 17, 2015 Aff. of Jay Vandeven, # 19 Exhibit 19.Apr. 26, 2004 Expert Report of Robert M. Zoch, # 20 Exhibit 20.Excerpts of June 1, 2020 Depo. of Christopher Lane, # 21 Exhibit 21.Excerpts of July 18, 2018 Depo. of Glen Wright, # 22 Exhibit 22.Hudson Refinery RCRA Permit Application, # 23 Exhibit 23.Defendants June 17, 2019 Initial Rule 26(a)(2) Disclosures, # 24 Exhibit 24.Excerpts of June 14, 2019 Expert Report of Robert M. Zoch, # 25 Exhibit 25.Excerpts of June 14, 2019 Expert Report of Jay Vandeven)(Shermer, Steven)
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Request |
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| 139 |
Filed: 11/20/2020, Entered: 11/20/2020 |
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RESPONSE in Opposition re 126 MOTION to Exclude National Priorities List and Hazard Ranking System Evidence filed by All Defendants. (Attachments: # 1 Exhibit Order for Closure, # 2 Exhibit 09-25-1995 Weston Letter and Phase II Site Inspection, # 3 Exhibit NFRAP - No Further Remedial Action Planned, # 4 Exhibit Citizen Complaints 1996, # 5 Exhibit 02-02-1998 POLREP No. 1, # 6 Exhibit Wilson Affidavit with Exhibits, # 7 Exhibit Wolski Affidavit with Exhibits)(Jantzen, Stephen)
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Request |
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| 138 |
Filed: 11/20/2020, Entered: 11/20/2020 |
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RESPONSE in Opposition re 129 MOTION in Limine for Record Review filed by All Defendants. (Attachments: # 1 Exhibit Fortuna Depo Excerpts, # 2 Exhibit Delaney Depo Excerpts, # 3 Exhibit Vandeven Declaration)(Jantzen, Stephen)
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Request |
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| 137 |
Filed: 11/20/2020, Entered: 11/20/2020 |
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RESPONSE in Opposition re 130 MOTION for Partial Summary Judgment filed by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit 1 Expert Report of Jay Vandeven 6.14.19 (excerpts), # 2 Exhibit 2 Expert Report of Paul Boehm 6.14.19 (excerpts), # 3 Exhibit 3 Declaration of Ray Dovell (11.19.20) with Ex. 1-2, # 4 Exhibit 4 POLREP 1 (LOLCR00280610-14), # 5 Exhibit 5 Expert Report of William Hathaway 6.14.19 (excerpts), # 6 Exhibit 6 Letter re Administrative Reocrd 3.18.2009, # 7 Exhibit 7 Wiley Wright 2.13.2020 Deposition Tr. Excerpt)(Davis, Andrew)
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Request |
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| 136 |
Filed: 11/20/2020, Entered: 11/20/2020 |
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RESPONSE in Opposition re 125 MOTION to Strike Opinion Testimony of Dr. B. Tod Delaney filed by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit 1 Expert Report of Tod Delaney 6.14.19 (excerpts), # 2 Exhibit 2 Tod Delaney CV 6.14.19, # 3 Exhibit 3 Louis Al Williams 5.16.18 Deposition Tr. Excerpts, # 4 Exhibit 4 Robert Zoch 8.23.18 Deposition Tr. Excerpts, # 5 Exhibit 5 Robert Zoch 7.24.20 Deposition Tr. Excerpts, # 6 Exhibit 6 Expert Report of Robert Zoch 6.14.19, # 7 Exhibit 7 Letter to Rita Engblom re sale of personalty 11.30.1998, # 8 Exhibit 8 Letter to EPA re re-sale and removal of Desalter Unit 1.1.1999, # 9 Exhibit 9 Expert Report of Ray Dovell 6.14.19 (excerpts))(Starns, Byron)
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Request |
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| 135 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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ORDER granting 134 the parties' joint motion to file single consolidated Daubert opposition and reply briefs (as more fully set out). Signed by Honorable Patrick R Wyrick on 11/18/2020. (ks)
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Request |
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| 134 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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JOINT MOTION for Leave to File SINGLE CONSOLIDATED DAUBERT OPPOSITION AND REPLY BRIEFS by United States of America. (Cernich, Scott)
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Request |
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| 133 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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MOTION to Exclude Certain Opinions of Thomas O. Dahl by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit 1 Rebuttal Expert Report of Thomas O. Dahl, # 2 Exhibit 2 Deposition Transcript of Thomas Dahl, # 3 Exhibit 3 Expert Report of Frederic L. Quivik, # 4 Exhibit 4 Oil Spill Response Report, # 5 Exhibit 5 30(b)(6) Deposition Transcript of Thomas Dahl)(Starns, Byron)
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Request |
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| 132 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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MOTION to Exclude Certain Opinions of Dr. James R. Kittrell by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit 1 Expert Report of James Kittrell, # 2 Exhibit 2 Expert Rebuttal Report of James Kittrell, # 3 Exhibit 3 Deposition Transcript Excerpts of James Kittrell, # 4 Exhibit 4 Deposition Transcript Excerpt of Glen Wright, # 5 Exhibit 5 Deposition Transcript Excerpt of Willard Johnson, # 6 Exhibit 6 Tarek Saba and Paul Boehm Paper)(Starns, Byron)
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Request |
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| 131 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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MOTION to Exclude Certain Opinions of Robert S. Cohen by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit 1 (1 of 6) Expert Report of Robert Cohen, # 2 Exhibit 1 (2 of 6) Expert Report of Robert Cohen, # 3 Exhibit 1 (3 of 6) Expert Report of Robert Cohen, # 4 Exhibit 1 (4 of 6) Expert Report of Robert Cohen, # 5 Exhibit 1 (5 of 6) Expert Report of Robert Cohen, # 6 Exhibit 1 ( 6 of 6) Expert Report of Robert Cohen, # 7 Exhibit 2 (1 of 7) Expert Rebuttal Report of Robert Cohen, # 8 Exhibit 2 (2 of 7) Expert Rebuttal Report of Robert Cohen, # 9 Exhibit 2 (3 of 7) Expert Rebuttal Report of Robert Cohen, # 10 Exhibit 2 (4 of 7) Expert Rebuttal Report of Robert Cohen, # 11 Exhibit 2 (5 of 7) Expert Rebuttal Report of Robert Cohen, # 12 Exhibit 2 (6 of 7) Expert Rebuttal Report of Robert Cohen, # 13 Exhibit 2 (7 of 7) Expert Rebuttal Report of Robert Cohen, # 14 Exhibit Robert Cohen Deposition Transcript Excerpts, # 15 Exhibit 4 Expert Report of Christopher Lane)(Starns, Byron)
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Request |
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| 130 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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MOTION for Partial Summary Judgment by United States of America. (Attachments: # 1 Exhibit A. Declaration of Laura Stankosky, # 2 Exhibit B. Excerpt of Sept. 2001 Action Memorandum, # 3 Exhibit C. Public Health Advisory for the Hudson Oil Refinery Superfund Site, # 4 Exhibit D. Excerpt of Final Non-Time-Critical Removal ActionReport, # 5 Exhibit E. Declaration of Wiley Wright, # 6 Exhibit F. Expert Report of Raymond Dovell, # 7 Exhibit G. Excerpt of 5/28/2020 Depo. of Raymond Dovell, # 8 Exhibit H. Declaration of William Kime, # 9 Exhibit I. Declaration of Christopher Osborne, # 10 Exhibit J. Declaration of Carolyn Ragon)(McNeil-Womack, Asia)
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Request |
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| 129 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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MOTION in Limine for Record Review by United States of America. (Attachments: # 1 Exhibit Exh. A - March 22, 1999 CERCLA Sec. 104 Info. Request, # 2 Exhibit Exh. B - Aug. 3, 2000 EPA Notice Letter)(Cernich, Scott)
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Request |
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| 128 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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BRIEF IN SUPPORT re 127 MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Appendix CERCLA Statute, # 2 Appendix Timeline, # 3 Affidavit Declaration of Byron E. Starns, # 4 Affidavit Declaration of Stephen L. Jantzen, # 5 Exhibit 001 - PolReps ERA, # 6 Exhibit 002 - Sept. 25 2001 Action Memo, # 7 Exhibit 003 - PolReps NTC, # 8 Exhibit 004 - Nov. 2007 ROD, # 9 Exhibit 005 - Jan. 2009 UAO for RD-RA, # 10 Exhibit 006 - Jan. 2004 NTC RA Report, # 11 Exhibit 007 - SOW, # 12 Exhibit 008 - Feb 2 2009 ltr to EPA filing NOI, # 13 Exhibit 009 - Monthly Progress Report 1, # 14 Exhibit 010 - Sept. 28 2009 5th suppl access report on access, # 15 Exhibit 011 - Sept. 11 2009 4th supple access report, # 16 Exhibit 012 - April 20 2009 EPA letter to LOL, # 17 Exhibit 013 - Amended City Ordinance, # 18 Exhibit 014 - Oct. 13 2009 Stankosky Email, # 19 Exhibit 015 - Stankosky Depo Excerpts, # 20 Exhibit 016 - Oct. 13 2009 Benham Weekly Commun. Memo, # 21 Exhibit 017 - Aug. 25 2009 Benham Weekly Commun. Memo, # 22 Exhibit 018 - Aug. 21 2009 LOL Response to NOD, # 23 Exhibit 019 - Aug. 25 2009 Stankosky Tech Eval Report, # 24 Exhibit 020 - Penn Depo Excerpts, # 25 Exhibit 021 -Benham Inv 410090628 - Excerpts, # 26 Exhibit 022 - Oct. 27 2009 Benham Weekly Commun. Memo, # 27 Exhibit 023 - Dec. 1 2009 Benham Weekly Commun. Memo, # 28 Exhibit 024 - Jan. 5 2010 EPA letter to LOL, # 29 Exhibit 025 - Dec. 2 2009 EPA letter to LOL, # 30 Exhibit 026 - Dec. 9 2009 Stankosky email, # 31 Exhibit 027 -Dec. 15 2009 Benham Weekly Communi. Memo, # 32 Exhibit 028 - Dec. 10 2009 EPA Email re Site Mobilization and Layout Plan, # 33 Exhibit 029 - Dec. 10 2009 EPA email re Water Management Plan, # 34 Exhibit 030 - Dec. 10 2009 EPA email re Decontamination Plan, # 35 Exhibit 031 - Dec. 31 2009 EPA email re Traffic Control Plan, # 36 Exhibit 032 - Comprehensive Five Year Review Guidance, OSWER - EXCERPTS, # 37 Exhibit 033 - Aug. 11 2009 Benham Weekly Commun. Report, # 38 Exhibit 034 - Dec. 1 2009 Site Mobilization and Layout Plan, # 39 Exhibit 035 - Aug. 5 2009 EPA email re Record of Call, # 40 Exhibit 036 - Brady Depo EXCERPTS, # 41 Exhibit 037 - Monthly Progress Report 5, # 42 Exhibit 038 - Monthly Progress Report 6, # 43 Exhibit 039 - Monthly Progress Report 7, # 44 Exhibit 040 - Aug. 28 2009 Benham email, # 45 Exhibit 041 - Aug. 4 2009 Benham Weekly Commun. Memo, # 46 Exhibit 042 - Aug. 31 2009 EPA email, # 47 Exhibit 043 - Monthly Progress Report 8, # 48 Exhibit 044 - Building Permit w City of Cushing, # 49 Exhibit 045 - Monthly Progress Report 9, # 50 Exhibit 046 - Richardson Depo Excerpts, # 51 Exhibit 047 - Jan. 31 2010 Envirocon Weekly Status Update, # 52 Exhibit 048 - Jan. 19 2009 Benham Weekly Commun. Memo, # 53 Exhibit 049 - Jan. 24 2010 Envirocon Weekly Status Update, # 54 Exhibit 050 - Jan. 23 2009 Clearing and Grubbing Plan, # 55 Exhibit 051 - Jan. 2010 Photos, # 56 Exhibit 052 - Dec. 16 2009 Scrap Metal Removal and Pipe Demolition Plan, # 57 Exhibit 053 - Monthly Progress Report 10, # 58 Exhibit 054 - Dec. 8 2009 Decontamination Plan, # 59 Exhibit 055 - Dec. 21 2009 Water Management Plan, # 60 Exhibit 056 - June 19 2015 EPA letter approving RA, # 61 Exhibit 057 - June 23 2015 EPA Demand for Reimb., # 62 Exhibit 058 - June 25 2015 LOL letter re EPA Demand for Reimb., # 63 Exhibit 059 - July 22 2015 LOL letter to EPA, # 64 Exhibit 060 - Nov. 20 2018 LOL letter EPAre UAO Oversight Costs, # 65 Exhibit 061 - Envirocon Invoice 4965 EXCERPTS, # 66 Exhibit 062 - Oct. 27 2009 Benham Minutes of Oct. 20 Meeting, # 67 Exhibit 063 - Jan. 18 2001 EPA Special Notice to LOL, # 68 Exhibit 064 - State Superfund Contract Amend. 2)(Jantzen, Stephen)
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Request |
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| 127 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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MOTION for Summary Judgment by All Defendants. (Jantzen, Stephen)
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Request |
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| 126 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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MOTION to Exclude National Priorities List and Hazard Ranking System Evidence by United States of America. (Attachments: # 1 Exhibit A (Mar. 22, 1999 104(e) Request), # 2 Exhibit B (Excerpts of July 14, 2020 Depo. of Richard Fortuna), # 3 Exhibit C (Excerpt of Defendants' Rule 26 Initial Disclosures))(Shermer, Steven)
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Request |
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| 125 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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MOTION to Strike Opinion Testimony of Dr. B. Tod Delaney by United States of America. (Attachments: # 1 Exhibit A (Excerpts of 7/21/20 Depo. of Dr. Delaney), # 2 Exhibit B (Excerpt of 2019 Report of Jennifer A. Stevens), # 3 Exhibit C (Excerpt of Nov. 2007 Record of Decision), # 4 Exhibit D (Excerpt of Sept. 2001 NTCRA Memo), # 5 Proposed Order)(Shermer, Steven)
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Request |
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| 124 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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NOTICE (other) by United States of America of Lodging of Defendant Expert Report Citations in Support of U.S. Motions In Limine (Attachments: # 1 Attachment Attachments A-G to U.S. Notice)(Cernich, Scott)
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Request |
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| 123 |
Filed: 10/15/2020, Entered: 10/15/2020 |
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NOTICE of Conventional Filing of Administrative Record for the Hudson Refinery Superfund Site by Scott M Cernich on behalf of United States of America (Cernich, Scott)
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Request |
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| 122 |
Filed: 10/15/2020, Entered: 10/15/2020 |
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NOTICE (other) by United States of America of Lodging of Administrative Record for the Hudson Refinery Superfund Site (Attachments: # 1 Exhibit Exh. A - Certification of Completeness of Admin Record, # 2 Exhibit Exhs. to Certification of Completeness of Admin Record Pt. 1, # 3 Exhibit Exhs. to Certification of Completeness Pt. 2, # 4 Exhibit Exhs. to Certification of Completeness Pt. 3, # 5 Exhibit Exh. B - Certification of Records Custodian)(Cernich, Scott)
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Request |
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| 121 |
Filed: 10/2/2020, Entered: 10/2/2020 |
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ORDER granting 120 the parties' joint motion to file oversized summary judgment brief (as more fully set out). Signed by Honorable Patrick R Wyrick on 10/2/2020. (ks)
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Request |
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| 120 |
Filed: 10/1/2020, Entered: 10/1/2020 |
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JOINT MOTION for Leave to File Excess Pages for Summary Judgment Briefs by All Defendants. (Coldiron, Mark)
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Request |
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| 119 |
Filed: 7/28/2020, Entered: 7/28/2020 |
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ORDER granting 118 Joint Motion to Enter Seventh Amended Case Management Scheduling Order. Motions in limine due 1/11/2021; Jury instructions due 1/11/2021; Voir dire requests due 1/11/2021; Trial briefs due 1/11/2021; Proposed Findings of Fact and Conclusions due 1/11/2021; Discovery due by 8/14/2020; Jury Trial set for 2/2/2021 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick; Motions due by 10/16/2020; Pretrial Report due by 1/11/2021. Signed by Honorable Patrick R Wyrick on 7/28/20. (dtb)
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Request |
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| 118 |
Filed: 7/27/2020, Entered: 7/27/2020 |
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JOINT MOTION to Amend/Correct 112 Order on Motion to Amend/Correct Scheduling Order by All Defendants. (Attachments: # 1 Exhibit Proposed Order)(Coldiron, Mark)
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Request |
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| |
Filed: 7/20/2020, Entered: 7/20/2020 |
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IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at http://www.okwd.uscourts.gov/nextgen-information.****Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. ****Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. ****Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. ****OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. ****Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI)
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| 117 |
Filed: 5/20/2020, Entered: 5/20/2020 |
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ENTRY of Appearance by Grant M Lucky on behalf of All Defendants (Lucky, Grant)
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Request |
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| 116 |
Filed: 5/20/2020, Entered: 5/20/2020 |
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ENTRY of Appearance by Joshua K Poertner on behalf of All Defendants (Poertner, Joshua)
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Request |
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| 115 |
Filed: 5/20/2020, Entered: 5/20/2020 |
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ORDER granting 114 Motion to Appear Pro Hac Vice; Joshua K. Poertner is admitted to practice before this Court for the limited purpose of participating in this case on behalf of defendants Land O'Lakes, Inc. and Cushing, Oklahoma Brownfields, LLC, provided counsel submit an ECF registration form and file an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Patrick R Wyrick on 5/20/2020. (ks)
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Request |
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| 114 |
Filed: 5/19/2020, Entered: 5/19/2020 |
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MOTION for Leave to Appear Pro Hac Vice for Joshua K. Poertner Filing fee $ 50, receipt number 1087-3156366 by All Defendants. (Attachments: # 1 Exhibit Request for Admission Pro Hac Vice)(Jantzen, Stephen)
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Request |
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| 113 |
Filed: 5/18/2020, Entered: 5/18/2020 |
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NOTICE of Change of Address by Stephen L Jantzen (Jantzen, Stephen)
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Request |
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| 112 |
Filed: 1/24/2020, Entered: 1/24/2020 |
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ORDER granting 111 the parties' joint motion to enter sixth amended case management scheduling order and continuing case to the February 2021 trial docket (as more fully set out). Signed by Honorable Patrick R Wyrick on 1/24/2020. (ks)
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Request |
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| 111 |
Filed: 1/24/2020, Entered: 1/24/2020 |
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JOINT MOTION to Amend/Correct 109 Order, Terminate Motions, Set Scheduling Order Deadlines,,, by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit Proposed Order)(Jantzen, Stephen)
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Request |
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| 110 |
Filed: 12/17/2019, Entered: 12/17/2019 |
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NOTICE of Change of Address by Stephen L Jantzen (Jantzen, Stephen)
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Request |
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| |
Filed: 9/23/2019, Entered: 9/23/2019 |
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Set/Reset Hearings: Jury Trial set on the September 2020 trial docket (9/8/2020 09:00 AM) in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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| 109 |
Filed: 9/23/2019, Entered: 9/23/2019 |
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ORDER granting 108 the Parties' Joint Motion to Enter Fifth Amended Case Management Scheduling Order and setting case on the Court's September 2020 trial docket (as more fully set out). Signed by Honorable Patrick R Wyrick on 9/23/2019. (ks)
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Request |
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| 108 |
Filed: 9/21/2019, Entered: 9/21/2019 |
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JOINT MOTION to Amend/Correct 107 Order on Motion to Amend/Correct Scheduling Order by United States of America. (Attachments: # 1 Exhibit Proposed Order)(Cernich, Scott)
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Request |
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| 107 |
Filed: 4/26/2019, Entered: 4/26/2019 |
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ORDER granting 106 the parties' joint motion to enter fourth amended case management scheduling order (as more fully set out). Signed by Honorable Patrick R Wyrick on 4/26/2019. (ks)
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Request |
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| 106 |
Filed: 4/26/2019, Entered: 4/26/2019 |
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JOINT MOTION to Amend/Correct 104 Order on Motion to Amend/Correct Scheduling Order by All Defendants. (Attachments: # 1 Exhibit Proposed Order)(Jantzen, Stephen)
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Request |
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| 105 |
Filed: 4/19/2019, Entered: 4/19/2019 |
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ORDER REASSIGNING CASE. Case reassigned to Honorable Patrick R Wyrick for all further proceedings. Honorable Scott L. Palk no longer assigned to case. Signed by Honorable Scott L. Palk on 4/19/2019. (md)
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Request |
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| |
Filed: 2/21/2019, Entered: 2/21/2019 |
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Set/Reset Scheduling Order Deadlines: Discovery due by 12/20/2019. Motions due by 2/20/2020. (md)
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| 104 |
Filed: 2/21/2019, Entered: 2/21/2019 |
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THIRD AMENDED SCHEDULING ORDER granting 103 Motion to Enter Third Amended Case Management Scheduling Order as more fully set forth herein. Signed by Honorable Scott L. Palk on 2/21/2019. (md)
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Request |
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| 103 |
Filed: 2/20/2019, Entered: 2/20/2019 |
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JOINT MOTION to Amend/Correct Scheduling Order by United States of America. (Attachments: # 1 Exhibit Proposed Order)(Cernich, Scott)
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Request |
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| |
Filed: 11/6/2018, Entered: 11/6/2018 |
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Set/Reset Scheduling Order Deadlines: Discovery due by 11/1/2019. Motions due by 1/15/2020. (md)
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| 102 |
Filed: 11/6/2018, Entered: 11/6/2018 |
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SCHEDULING ORDER granting 101 Motion to Amend/Correct Case Management Scheduling Order as more fully set forth herein.. Signed by Honorable Scott L. Palk on 11/6/2018. (md) (Main Document 102 replaced on 11/6/2018) (md).
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Request |
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| 101 |
Filed: 11/5/2018, Entered: 11/5/2018 |
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JOINT MOTION to Amend/Correct Case Management Scheduling Order by All Defendants. (Jantzen, Stephen)
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Request |
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| 100 |
Filed: 10/24/2018, Entered: 10/24/2018 |
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ORDER denying 93 Motion for Protective Order Re Defendant's Rule 30(b)(6) Deposition Notice as more fully set forth herein. Signed by Honorable Scott L. Palk on 10/24/2018. (md)
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Request |
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| 99 |
Filed: 10/23/2018, Entered: 10/23/2018 |
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ORDER - The hearing scheduled on October 25, 2018, at 10:00 a.m., on Plaintiffs Motion for Protective Order Re Defendants Rule 30(b)(6) Deposition Notice 93 is STRICKEN. A Written Order will follow. Entered at the direction of the Honorable Scott L. Palk on 10/23/2018. (md)
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Request |
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| 98 |
Filed: 10/19/2018, Entered: 10/19/2018 |
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NOTICE (other) by All Defendants (Coldiron, Mark)
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Request |
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| 97 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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ORDER Setting Hearing on Motion 93 MOTION for Protective Order re Defendants' Rule 30(b)(6) Deposition Notice : Motion Hearing set for 10/25/2018 10:00 AM in Courtroom 502 before Honorable Scott L. Palk. Signed by Honorable Scott L. Palk on 10/1/2018. (md)
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Request |
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| 96 |
Filed: 9/28/2018, Entered: 9/28/2018 |
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REPLY by Plaintiff United States of America in Support of U.S. Motion for Protective Order (ECF Doc. 93) filed by United States of America. (Attachments: # 1 Exhibit Ex. 1 - Forrester Expert Report, # 2 Exhibit Ex. 2 - Forrester Depo., # 3 Exhibit Ex. 3 - United States' Response to Defendants' First Set of Interrogatories, # 4 Exhibit Ex. 4 - United States Responses to Defendants' Second Set of Interrogatories, # 5 Exhibit Ex. 5 - Malone Declaration, # 6 Exhibit Ex. 6 - Def. Rule 26a Disclosures, # 7 Exhibit Ex. 7 - U.S. Resp. to Def. First Set of Interrogatories, # 8 Exhibit Ex. 8 - Hebert Depo., # 9 Exhibit Ex. 9 - Tidmore Depo.)(Cernich, Scott)
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Request |
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| 95 |
Filed: 9/26/2018, Entered: 9/26/2018 |
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NOTICE (other) by United States of America Joint Notice re Stipulation to Adjust Expert Report Deadlines (Cernich, Scott)
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Request |
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| 94 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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MEMORANDUM in Opposition re 93 MOTION for Protective Order re Defendants' Rule 30(b)(6) Deposition Notice filed by All Defendants. (Attachments: # 1 Exhibit 30(b(6) Notice of Deposition, # 2 Exhibit Plaintiff's letter-response to 30(b)(6) Notice, # 3 Exhibit 08-13-2018 Defendants' Letter re 30(b)(6) Notice, # 4 Exhibit Dkt 33 - 06-27-16 Joint Status Report and Disc Plan, # 5 Exhibit 07-23-2018 Defendants' Responses to 2nd Set of Inter, # 6 Exhibit Aldridge Depo Excerpts, # 7 Exhibit Malott Depo Excerpts, # 8 Exhibit Lennox Depo Excerpts, # 9 Exhibit Mattioda Depo Excerpts, # 10 Exhibit Foster Depo Excerpts, # 11 Exhibit Excerpt from EAB Petition, # 12 Exhibit Defendants' Initial Rule 26 Disclosures)(Coldiron, Mark)
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Request |
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| 93 |
Filed: 8/31/2018, Entered: 8/31/2018 |
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MOTION for Protective Order re Defendants' Rule 30(b)(6) Deposition Notice by United States of America. (Attachments: # 1 Attachment Memorandum in Support, # 2 Exhibit 1: 30(b)(6) Depo. Notice, # 3 Exhibit 2: Aug 3, 2018 U.S. Letter, # 4 Exhibit 3: Mar. 29, 2018 U.S. email, # 5 Exhibit 4: Aug. 15, 2018 U.S. Letter, # 6 Exhibit 5: Aug. 3, 2018 U.S. Response to Notice, # 7 Exhibit 6: Aug. 16, 2018 U.S. email, # 8 Exhibit 7: Cernich Declaration, # 9 Exhibit 8: Aug. 28, 2018 Starns email, # 10 Exhibit 9: Aug. 20, 2018 Letter to Cernich, # 11 Exhibit 10: D'Alessio Declaration, # 12 Exhibit 11: Former Employee Consulting Agreements, # 13 Exhibit 12: Hebert Depo., # 14 Exhibit 13: Def. 2nd Interrog., # 15 Attachment Proposed Order)(Cernich, Scott)
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Request |
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| 92 |
Filed: 8/22/2018, Entered: 8/22/2018 |
|
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NOTICE to Take Deposition of Barbara Aldridge by All Defendants. (Jantzen, Stephen)
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Request |
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| 91 |
Filed: 8/15/2018, Entered: 8/15/2018 |
|
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NOTICE to Take Deposition of Patrick Hammack; Ursula Lennox by All Defendants. (Jantzen, Stephen)
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Request |
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| 90 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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NOTICE to Take Deposition of Oklahoma Department of Environmental Quality by All Defendants. (Attachments: # 1 Exhibit 30(b)(6) Subpoena)(Jantzen, Stephen)
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Request |
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| 89 |
Filed: 8/2/2018, Entered: 8/2/2018 |
|
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NOTICE to Take Deposition of Carolyn Dragon by All Defendants. (Jantzen, Stephen)
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Request |
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| 88 |
Filed: 7/24/2018, Entered: 7/24/2018 |
|
|
NOTICE to Take Deposition of Vincent Malott, Michael Hebert, and Guy Tidmore by All Defendants. (Jantzen, Stephen)
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Request |
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| 87 |
Filed: 7/24/2018, Entered: 7/24/2018 |
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NOTICE to Take Deposition of United States of America by All Defendants. (Attachments: # 1 Exhibit 30(b)(6) Subject Matters)(Jantzen, Stephen)
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Request |
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| |
Filed: 7/23/2018, Entered: 7/23/2018 |
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|
NOTICE from the Court(text only) re: 86 Notice to Take Deposition. All filings in this case should reflect Judge Scott L. Palk as the assigned Judge utilizing "SLP" at the end of the case number. You were advised of this change in the Order entered November 27, 2017. Future filings that are incorrect will be stricken. (ac)
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| 86 |
Filed: 7/20/2018, Entered: 7/20/2018 |
|
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NOTICE to Take Deposition of Myron Knudson by All Defendants. (Jantzen, Stephen)
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Request |
|
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| 85 |
Filed: 7/11/2018, Entered: 7/11/2018 |
|
|
NOTICE to Take Deposition of Eddie Mattioda by All Defendants. (Coldiron, Mark)
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Request |
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| 84 |
Filed: 6/6/2018, Entered: 6/6/2018 |
|
|
ENTRY of Appearance by Asia A McNeil-Womack on behalf of United States of America (McNeil-Womack, Asia)
|
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Request |
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| 83 |
Filed: 4/20/2018, Entered: 4/20/2018 |
|
|
SUBPOENA RETURNED EXECUTED as to Non-Party Honeywell UOP, LLC, filed by Defendants Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Jantzen, Stephen)
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Request |
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| 82 |
Filed: 4/20/2018, Entered: 4/20/2018 |
|
|
SUBPOENA RETURNED EXECUTED as to Non-Party AECOM C&E, Inc., filed by Defendants Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Jantzen, Stephen)
|
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Request |
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| 81 |
Filed: 4/19/2018, Entered: 4/19/2018 |
|
|
ENTRY of Appearance by Christopher B Witwer on behalf of United States of America (Witwer, Christopher)
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Request |
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| 80 |
Filed: 3/30/2018, Entered: 3/30/2018 |
|
|
SUBPOENA RETURNED EXECUTED as to Non-Party Weston Solutions, Inc., filed by Defendants Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Jantzen, Stephen)
|
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Request |
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| 79 |
Filed: 3/30/2018, Entered: 3/30/2018 |
|
|
SUBPOENA RETURNED EXECUTED as to Non-Party Ecology and Environment, Inc., filed by Defendants Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Jantzen, Stephen)
|
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Request |
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| 78 |
Filed: 3/21/2018, Entered: 3/21/2018 |
|
|
NOTICE of Subpoena by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc (Non-Party) (Attachments: # 1 Attachment Subpoenas Duces Tecum)(Jantzen, Stephen)
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Request |
|
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| |
Filed: 3/12/2018, Entered: 3/12/2018 |
|
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Set/Reset Scheduling Order Deadlines: Discovery due by 6/28/2019. Motions due by 8/30/2019. (md)
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| 77 |
Filed: 3/12/2018, Entered: 3/12/2018 |
|
|
SECOND AMENDED SCHEDULING ORDER granting 76 Joint Motion to Enter Second Amended Case Management Scheduling Order as more fully set forth herein. Signed by Honorable Scott L. Palk on 3/12/2018. (md) (Main Document 77 replaced on 3/12/2018) (md). (Main Document 77 replaced on 3/13/2018) (md).
|
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Request |
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| 76 |
Filed: 3/9/2018, Entered: 3/9/2018 |
|
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JOINT MOTION for Order to Enter Second Amended Case Management Scheduling Order by All Defendants. (Attachments: # 1 Exhibit Proposed Order)(Coldiron, Mark)
|
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Request |
|
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|
| Save 25% on a pre-paid one year subscription. |
|
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| 75 |
Filed: 3/8/2018, Entered: 3/8/2018 |
|
|
SUBPOENA RETURNED EXECUTED as to Non-Party Oklahoma Department of Environmental Quality, filed by Defendants Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Jantzen, Stephen)
|
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Request |
|
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| 74 |
Filed: 3/8/2018, Entered: 3/8/2018 |
|
|
SUBPOENA RETURNED EXECUTED as to Non-Party Burns & McDonnell Engineering Company, Inc., filed by Defendants Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Jantzen, Stephen)
|
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Request |
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| 73 |
Filed: 3/8/2018, Entered: 3/8/2018 |
|
|
SUBPOENA RETURNED EXECUTED as to Non-Party Aptim Environmental & Infrastructure, Inc., filed by Defendants Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Jantzen, Stephen)
|
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Request |
|
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| 72 |
Filed: 2/20/2018, Entered: 2/20/2018 |
|
|
NOTICE of Subpoena by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc (Attachments: # 1 Attachment Subpoenas Duces Tecum to Non-Parties)(Jantzen, Stephen)
|
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Request |
|
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| 71 |
Filed: 2/14/2018, Entered: 2/14/2018 |
|
|
NOTICE of Subpoena by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc (Attachments: # 1 Attachment Subpoena Duces Tecum to Turner, Mason & Company)(Jantzen, Stephen)
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Request |
|
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| 70 |
Filed: 2/6/2018, Entered: 2/6/2018 |
|
|
ENTRY of Appearance by Steven D Shermer on behalf of United States of America (Shermer, Steven)
|
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Request |
|
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| 69 |
Filed: 11/27/2017, Entered: 11/27/2017 |
|
|
ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Scott L. Palk for all further proceedings. Honorable David L. Russell no longer assigned to case. Entered by direction of Honorable David L. Russell on 11/27/17.(kw)
|
|
Request |
|
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|
| 68 |
Filed: 10/17/2017, Entered: 10/17/2017 |
|
|
NOTICE of Subpoena by United States of America (Cernich, Scott)
|
|
Request |
|
|
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| 67 |
Filed: 10/13/2017, Entered: 10/13/2017 |
|
|
NOTICE of Subpoena by United States of America (Cernich, Scott)
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Request |
|
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|
| |
Filed: 9/12/2017, Entered: 9/12/2017 |
|
|
Set/Reset Scheduling Order Deadlines: Discovery due by 2/28/2019. Motions due by 4/30/2019. (jw)
|
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|
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| 66 |
Filed: 9/12/2017, Entered: 9/12/2017 |
|
|
ORDER granting 65 Motion to Enter First Amended Case Management Scheduling Order, as more fully set out. Signed by Honorable David L. Russell on 9/12/17. (jw)
|
|
Request |
|
|
|
| 65 |
Filed: 9/11/2017, Entered: 9/11/2017 |
|
|
JOINT MOTION to Amend/Correct Scheduling Order by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit Proposed Order)(Jantzen, Stephen)
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Request |
|
|
|
| 64 |
Filed: 3/23/2017, Entered: 3/23/2017 |
|
|
ENTER ORDER re 63 Docket; The docket filed March 20,2017, setting this case for status/scheduling conference was entered in error, this case is STRICKEN from the May 2, 2017, status/scheduling docket.. Signed by Honorable David L. Russell on 3/23/17. (jw)
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Request |
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| 63 |
Filed: 3/20/2017, Entered: 3/20/2017 |
|
|
DOCKET: Scheduling Conference set for 5/2/2017 10:45 AM in ROOM # 3423 before Honorable David L. Russell. Status Report due by 4/26/2017. (jw)
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Request |
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| 62 |
Filed: 2/22/2017, Entered: 2/22/2017 |
|
|
ORDER granting 34 Motion to Dismiss Counterclalims and Strike Affirmative Defenses; denying 50 Motion to Strike, Defendants defenses three through ten are thus stricken and their two counterclaims, along with their anti-duplication-provision counterclaim, are dismissed,as more fully set out. Signed by Honorable David L. Russell on 2/22/17. (jw)
|
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Request |
|
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| 61 |
Filed: 12/29/2016, Entered: 12/29/2016 |
|
|
ENTRY of Appearance by Andrew W Davis on behalf of All Defendants (Davis, Andrew)
|
|
Request |
|
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| 60 |
Filed: 12/29/2016, Entered: 12/29/2016 |
|
|
ORDER granting 59 Motion to Withdraw. Signed by Honorable David L. Russell on 12/29/2016. (md)
|
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Request |
|
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| 59 |
Filed: 12/29/2016, Entered: 12/29/2016 |
|
|
MOTION to Withdraw Appearance of Mark E. Johnson as Counsel by All Defendants. (Jantzen, Stephen)
|
|
Request |
|
|
|
| 58 |
Filed: 12/8/2016, Entered: 12/8/2016 |
|
|
ORDER granting 57 Motion to Appear Pro Hac Vice. Signed by Honorable David L. Russell on 12/08/2016. (md)
|
|
Request |
|
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| 57 |
Filed: 12/7/2016, Entered: 12/7/2016 |
|
|
MOTION for Leave to Appear Pro Hac Vice for Andrew W. Davis Filing fee $ 50, receipt number 1087-2402802 by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit Request for Admission Pro Hac Vice)(Jantzen, Stephen)
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|
Request |
|
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|
| |
Filed: 10/4/2016, Entered: 10/4/2016 |
|
|
Set/Reset Scheduling Order Deadlines: Discovery due by 8/31/2018. Motions due by 9/30/2018. (jw)
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| 56 |
Filed: 10/4/2016, Entered: 10/4/2016 |
|
|
ORDER granting 55 Joint Motion to Enter Case Management Scheduling Order, as more fully set out. Signed by Honorable David L. Russell on 10/4/16. (jw)
|
|
Request |
|
|
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| 55 |
Filed: 10/3/2016, Entered: 10/3/2016 |
|
|
JOINT MOTION for Order for Case Management Scheduling by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit Proposed Scheduling Order)(Coldiron, Mark)
|
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Request |
|
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| 54 |
Filed: 8/29/2016, Entered: 8/29/2016 |
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RESPONSE to Motion re 50 MOTION to Strike 49 Reply to Response to Motion filed by United States of America. (Cernich, Scott)
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Request |
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| 53 |
Filed: 8/29/2016, Entered: 8/29/2016 |
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SURREPLY re 49 Reply to Response to Motion filed by All Defendants. (Coldiron, Mark)
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Request |
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| 52 |
Filed: 8/29/2016, Entered: 8/29/2016 |
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ORDER granting 51 Motion for Leave to File a Surreply. Signed by Honorable David L. Russell on 8/29/16. (jw)
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Request |
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| 51 |
Filed: 8/29/2016, Entered: 8/29/2016 |
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MOTION for Leave to file SurReply by All Defendants. (Attachments: # 1 Attachment Defendants' Surreply)(Coldiron, Mark)
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Request |
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| 50 |
Filed: 8/26/2016, Entered: 8/26/2016 |
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|
MOTION to Strike 49 Reply to Response to Motion by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Coldiron, Mark)
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Request |
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| 49 |
Filed: 8/24/2016, Entered: 8/24/2016 |
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REPLY to Response to Motion re 34 MOTION to Dismiss Counterclaims and Strike Affirmative Defenses filed by United States of America. (Cernich, Scott)
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Request |
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| 48 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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|
ORDER re 35 Order; At the July 5, 2016 Status/Scheduling Conference, the undersigned ordered the parties to brief their opposing positions on the sequencing expert report disclosures. The disclosure deadlines for expert reports are as follows: August 1, 2017, Deadline for Plaintiff to serve its initial expert reports on liability and costs September 30, 2017. Deadline for Defendants to serve: (1) their rebuttal expert reports that respond to Plaintiffs initial expert reports and (2) Defendants initial expert reports on affirmative defenses and counterclaims. November 30, 2017, Plaintiff serves rebuttal expert reports limited to Defendants initial expert reports. Signed by Honorable David L. Russell on 8/17/16. (jw)
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Request |
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| 47 |
Filed: 8/16/2016, Entered: 8/16/2016 |
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|
REPLY to Response to Motion re 40 MOTION for Order on Expert Report Schedule filed by United States of America. (Andre, Abigail)
|
|
Request |
|
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| 46 |
Filed: 8/12/2016, Entered: 8/12/2016 |
|
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ORDER granting 45 Motion for Discovery Procedure, as more fully set out. Signed by Honorable David L. Russell on 8/12/16. (jw)
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|
Request |
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| 45 |
Filed: 8/12/2016, Entered: 8/12/2016 |
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|
JOINT MOTION for Discovery Order and Stipulation Regarding Discovery Procedure by All Defendants. (Attachments: # 1 Exhibit Order and Stipulation Regarding Discovery Procedure)(Coldiron, Mark)
|
|
Request |
|
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| 44 |
Filed: 8/9/2016, Entered: 8/9/2016 |
 |
|
RESPONSE to Motion re 40 MOTION for Order on Expert Report Schedule filed by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit APCO Scheduling Order, # 2 Exhibit Prior Judge Russell Scheduling Orders, # 3 Exhibit Additional Scheduling Orders)(Coldiron, Mark)
|
|
Request |
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| 43 |
Filed: 8/8/2016, Entered: 8/8/2016 |
|
|
RESPONSE in Opposition re 34 MOTION to Dismiss Counterclaims and Strike Affirmative Defenses filed by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit Chronology of Events)(Coldiron, Mark)
|
|
Request |
|
|
|
| 42 |
Filed: 8/2/2016, Entered: 8/2/2016 |
|
|
ORDER granting 41 Motion for Protective Order. Signed by Honorable David L. Russell on 8/2/16. (jw)
|
|
Request |
|
|
|
| 41 |
Filed: 7/29/2016, Entered: 7/29/2016 |
|
|
JOINT MOTION for Protective Order Protecting Confidentiality by All Defendants. (Attachments: # 1 Exhibit Order Protecting Confidentiality)(Coldiron, Mark)
|
|
Request |
|
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|
| 40 |
Filed: 7/19/2016, Entered: 7/19/2016 |
|
|
MOTION for Order on Expert Report Schedule by United States of America. (Cernich, Scott)
|
|
Request |
|
|
|
| 39 |
Filed: 7/13/2016, Entered: 7/13/2016 |
|
|
ORDER granting 38 Motion to Withdraw as Attorney. Attorney Anna E Grace terminated. Signed by Honorable David L. Russell on 7/13/16. (jw)
|
|
Request |
|
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|
| 38 |
Filed: 7/13/2016, Entered: 7/13/2016 |
|
|
MOTION to Withdraw as Attorney Anna E. Grace by United States of America. (Grace, Anna)
|
|
Request |
|
|
|
| 37 |
Filed: 7/11/2016, Entered: 7/11/2016 |
|
|
ORDER granting 36 Motion Regarding Briefing Schedule, as more fully set out. Signed by Honorable David L. Russell on 7/11/16. (jw)
|
|
Request |
|
|
|
| 36 |
Filed: 7/7/2016, Entered: 7/7/2016 |
|
|
JOINT MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Dismiss by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Coldiron, Mark)
|
|
Request |
|
|
|
| 35 |
Filed: 7/5/2016, Entered: 7/5/2016 |
|
|
ORDER Plaintiff is directed to file a motion with the Court within 14 days concerning bifurcationand the sequencing for filing of expert reports. The Defendants shall have 21 days withinwhich to respond and the Plaintiff may file a reply 7 days thereafter.. Signed by Honorable David L. Russell on 07/05/2016. (md)
|
|
Request |
|
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|
| 34 |
Filed: 7/1/2016, Entered: 7/1/2016 |
|
|
MOTION to Dismiss Counterclaims and Strike Affirmative Defenses by United States of America. (Attachments: # 1 Memorandum in Support of Motion to Strike/Dismiss)(Cernich, Scott)
|
|
Request |
|
|
|
| 33 |
Filed: 6/27/2016, Entered: 6/27/2016 |
|
|
JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff United States of America. (Cernich, Scott)
|
|
Request |
|
|
|
| 32 |
Filed: 6/10/2016, Entered: 6/10/2016 |
|
|
ENTRY of Appearance by Abigail E Andre on behalf of United States of America (Andre, Abigail)
|
|
Request |
|
|
|
| 31 |
Filed: 5/25/2016, Entered: 5/25/2016 |
|
|
ORDER denying 30 Motion to Continue Scheduling Conference. Signed by Honorable David L. Russell on 5/25/16. (jw)
|
|
Request |
|
|
|
| 30 |
Filed: 5/25/2016, Entered: 5/25/2016 |
|
|
MOTION to Continue Scheduling Conference by United States of America. (Cernich, Scott)
|
|
Request |
|
|
|
| 29 |
Filed: 5/23/2016, Entered: 5/23/2016 |
|
|
ORDER granting 28 Motion for Order removing John C. Cruden from the case. Signed by Honorable David L. Russell on 05/23/2016. (md)
|
|
Request |
|
|
|
| 28 |
Filed: 5/23/2016, Entered: 5/23/2016 |
|
|
MOTION for Order to Remove Assistant Attorney General John C. Cruden as Attorney of Record by United States of America. (Cernich, Scott)
|
|
Request |
|
|
|
| 27 |
Filed: 5/17/2016, Entered: 5/17/2016 |
|
|
ENTER ORDER; John C. Cruden, is directed to file an entry of appearance conforming to LCvR83.4 not later than Monday, May 23, 2016. Signed by Honorable David L. Russell on 5/17/16. (jw)
|
|
Request |
|
|
|
| 26 |
Filed: 5/11/2016, Entered: 5/11/2016 |
|
|
NOTICE to Take Deposition of Forrest Fuqua by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Coldiron, Mark)
|
|
Request |
|
|
|
| 25 |
Filed: 5/11/2016, Entered: 5/11/2016 |
|
|
DOCKET: Scheduling Conference set for 7/5/2016 09:30 AM in Courtroom 302 before Honorable David L. Russell. Status Report due by 6/27/2016. (jw)
|
|
Request |
|
|
|
| 24 |
Filed: 5/10/2016, Entered: 5/10/2016 |
|
|
NOTICE (other) by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc re 10 MOTION to Quash or, in the Alternative, to Modify, Plaintiff's Non-Party Subpoena Duces Tecum Withdrawn (Coldiron, Mark)
|
|
Request |
|
|
|
| 23 |
Filed: 5/4/2016, Entered: 5/4/2016 |
|
|
STIPULATION Agreed to by Parties for Leave to Take Deposition and Serve Subpoena Under Fed R Civ P 26(d)(1) by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Coldiron, Mark)
|
|
Request |
|
|
|
| 22 |
Filed: 5/3/2016, Entered: 5/3/2016 |
|
|
ENTRY of Appearance by Byron E Starns on behalf of Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc (Starns, Byron)
|
|
Request |
|
|
|
| 21 |
Filed: 5/3/2016, Entered: 5/3/2016 |
|
|
ENTRY of Appearance by Mark E Johnson on behalf of Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc (Johnson, Mark)
|
|
Request |
|
|
|
| 20 |
Filed: 5/3/2016, Entered: 5/3/2016 |
|
|
ORDER granting 17 Motion to Appear Pro Hac Vice of Byron Eugene Starns, Jr.; granting 18 Motion to Appear Pro Hac Vice of Mark Eugene Johnson. Signed by Honorable David L. Russell on 5/3/16. (jw)
|
|
Request |
|
|
|
| 19 |
Filed: 5/2/2016, Entered: 5/2/2016 |
|
|
ENTRY of Appearance by Stephen L Jantzen on behalf of Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc (Jantzen, Stephen)
|
|
Request |
|
|
|
| 18 |
Filed: 5/2/2016, Entered: 5/2/2016 |
|
|
MOTION for Leave to Appear Pro Hac Vice for Mark Johnson Filing fee $ 50, receipt number 1087-2278548 by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit Request for Admission Pro Hac Vice)(Coldiron, Mark)
|
|
Request |
|
|
|
| 17 |
Filed: 5/2/2016, Entered: 5/2/2016 |
|
|
MOTION for Leave to Appear Pro Hac Vice for Byron Starns Filing fee $ 50, receipt number 1087-2278544 by Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (Attachments: # 1 Exhibit Request for Admission Pro Hac Vice)(Coldiron, Mark)
|
|
Request |
|
|
|
| 16 |
Filed: 5/2/2016, Entered: 5/2/2016 |
|
|
DISCLOSURE STATEMENT - LLC by Cushing Oklahoma Brownfields LLC . (Coldiron, Mark)
|
|
Request |
|
|
|
| 15 |
Filed: 5/2/2016, Entered: 5/2/2016 |
|
|
DISCLOSURE STATEMENT - CORPORATE by Land O'Lakes Inc . (Coldiron, Mark)
|
|
Request |
|
|
|
| 14 |
Filed: 5/2/2016, Entered: 5/2/2016 |
|
|
ANSWER to Complaint , COUNTERCLAIM against All Plaintiffs by All Defendants. (Attachments: # 1 Exhibit Order Approving Trustees App to Sell Refinery, # 2 Exhibit Order Confirming Plan, # 3 Exhibit Final Decree, # 4 Exhibit Unsecured Creditors_ Committee_s Second Amended Joint Plan of Reorganization, # 5 Exhibit Unsecured Creditors_ Committee_s Third Amended Disclosure Statement, # 6 Exhibit Transcript of Proceedings, # 7 Exhibit Order Approving Disclosure Statement Dated July 16, 1990, # 8 Exhibit Order on Motion to Approve Settlement of EPA Suit, # 9 Exhibit Final Consent Decree, # 10 Exhibit 2nd AmdComplaint, # 11 Exhibit Order for Closure, # 12 Exhibit Partial Consent, # 13 Exhibit Hudson SuppleBrief Mtn to Terminate, # 14 Exhibit US SuppleBrief Mtn to Terminate, # 15 Exhibit October 25, 1994 Letter to the Court)(Coldiron, Mark)
|
|
Request |
|
|
|
| 13 |
Filed: 5/2/2016, Entered: 5/2/2016 |
|
|
ENTRY of Appearance by Mark D Coldiron on behalf of Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc (Coldiron, Mark)
|
|
Request |
|
|
|
| 12 |
Filed: 5/2/2016, Entered: 5/2/2016 |
|
|
ORDER granting 11 Motion for Extension of Time to File Response/Reply re 10 MOTION to Quash or, in the Alternative, to Modify, Plaintiff's Non-Party Subpoena Duces Tecum Responses due by 5/13/2016. Signed by Honorable David L. Russell on 5/2/16. (jw)
|
|
Request |
|
|
|
| 11 |
Filed: 4/29/2016, Entered: 4/29/2016 |
|
|
AGREED MOTION for Extension of Time re 10 MOTION to Quash or, in the Alternative, to Modify, Plaintiff's Non-Party Subpoena Duces Tecum filed by United States of America. (Cernich, Scott) Modified on 5/2/2016 to correct document title (ml).
|
|
Request |
|
|
|
| 10 |
Filed: 4/8/2016, Entered: 4/8/2016 |
|
|
MOTION to Quash or, in the Alternative, to Modify, Plaintiff's Non-Party Subpoena Duces Tecum by All Defendants. (Attachments: # 1 Exhibit Notice of Service and Non-Party Subpoena, # 2 Exhibit Affidavit of Byron Starns)(Jantzen, Stephen)
|
|
Request |
|
|
|
| 9 |
Filed: 4/8/2016, Entered: 4/8/2016 |
|
|
ENTRY of Appearance by Stephen L Jantzen on behalf of Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc (Jantzen, Stephen)
|
|
Request |
|
|
|
| 8 |
Filed: 3/15/2016, Entered: 3/15/2016 |
|
|
ENTRY of Appearance by Anna E Grace on behalf of United States of America (Grace, Anna)
|
|
Request |
|
|
|
| 7 |
Filed: 3/8/2016, Entered: 3/8/2016 |
|
|
WAIVER OF SERVICE Returned Executed by Defendant Cushing Oklahoma Brownfields LLC. Cushing Oklahoma Brownfields LLC waiver sent on 3/4/2016, answer due 5/3/2016. (Cernich, Scott)
|
|
Request |
|
|
|
| 6 |
Filed: 3/8/2016, Entered: 3/8/2016 |
|
|
WAIVER OF SERVICE Returned Executed by Defendant Land O'Lakes Inc. Land O'Lakes Inc waiver sent on 3/4/2016, answer due 5/3/2016. (Cernich, Scott)
|
|
Request |
|
|
|
| 5 |
Filed: 2/24/2016, Entered: 2/24/2016 |
|
|
ENTER ORDER REASSIGNING CASE...this case is reassigned to Honorable David L. Russell for all further proceedings. Honorable Joe Heaton no longer assigned to case. At the direction of Honorable Joe Heaton on 2/24/2016. (cla)
|
|
Request |
|
|
|
| 4 |
Filed: 2/23/2016, Entered: 2/23/2016 |
|
|
NOTICE OF RELATED OR COMPANION CASE by United States of America (Cernich, Scott)
|
|
Request |
|
|
|
| 3 |
Filed: 2/23/2016, Entered: 2/23/2016 |
|
|
ENTRY of Appearance by Scott M Cernich on behalf of United States of America (Cernich, Scott)
|
|
Request |
|
|
|
| 2 |
Filed: 2/23/2016, Entered: 2/23/2016 |
|
|
Summons Issued Electronically as to Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc. (cla)
|
|
Request |
|
|
|
| 1 |
Filed: 2/22/2016, Entered: 2/23/2016 |
|
|
COMPLAINT against Cushing Oklahoma Brownfields LLC, Land O'Lakes Inc filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(cla)
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|
Request |
|
Update
Alerts
