Wesley v. Concho Resources, Inc.

Federal Civil Lawsuit Texas Southern District Court, Case No. 4:17-cv-01845
District Judge Sim Lake, presiding
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District Judge Sim Lake
Last Updated July 29, 2025 at 10:23 PM EDT (4.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [718CDAA], Plaintiff

Represented by Bruckner Burch PLLC

Name Phone Fax E-Mail
Space Richard J Burch +1 713 877 8788 +1 713 877 8065 rburch@brucknerburch.com
Space David I Moulton +1 713 877 8788 +1 713 877 8065 dmoulton@brucknerburch.com

Represented by Josephson Dunlap

Name Phone Fax E-Mail
Space Jennifer M Solak jsolak@mybackwages.com

Represented by Josephson Dunlap Law Firm

Name Phone Fax E-Mail
Space Andrew Wells Dunlap adunlap@mybackwages.com
Space Lindsay R. Itkin +1 713 352 1100 +1 713 352 0030 litkin@mybackwages.com
Space Michael A Josephson +1 713 751 0025 +1 713 751 0030 mjosephson@mybackwages.com
No Logo Barron Wesley, Plaintiff

Represented by Bruckner Burch PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Richard J Burch +1 713 877 8788 + 713 877 8065 richard-burch-5926@ecf.pacerpro.com
ATTORNEY TO BE NOTICED David I Moulton +1 713 877 8788 +1 713 877 8065 dmoulton@brucknerburch.com

Represented by Josephson Dunlap Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrew W. Dunlap +1 713 352 1100 +1 713 352 3300 Adunlap@mybackwages.com
ATTORNEY TO BE NOTICED Lindsay R. Itkin +1 713 352 1100 +1 713 352 0030 litkin@mybackwages.com
ATTORNEY TO BE NOTICED Michael A Josephson +1 713 751 0025 +1 713 751 0030 mjosephson@mybackwages.com
ATTORNEY TO BE NOTICED Jennifer Solak +1 713 352 1100 +1 713 352 3300 jsolak@mybackwages.com
v.
No Logo Cog Operating LLC, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Corey Edward Devine

Represented by Muskat, Mahony & Devine, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Corey Edward Devine +1 713 495 2321 +1 713 987 7854 cdevine@m2dlaw.com
Other Parties
No Logo Benny Williams Consulting, Inc., Movant

Represented by Hoffman Law Office, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Zachary P. Hoffman +1 432 332 8278
No Logo Concho Resources, Inc., Cross Claimant

Represented by Muskat, Mahony & Devine, LLP

Name Phone Fax E-Mail
Space Corey Edward Devine +1 713 495 2321 +1 713 987 7854 cdevine@m2dlaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Corey Edward Devine +1 713 495 2321 +1 713 987 7854 cdevine@m2dlaw.com
ATTORNEY TO BE NOTICED Daniel Nicholas Lenhoff +1 713 987 7850 dlenhoff@m2dlaw.com
Space Daniel Nicholas Lenhoff +1 713 987 7850 dlenhoff@m2dlaw.com
Attributes
Citation Section 15 U.S.C. § 2(a)
Nature of Suit 710 - Labor: Fair Labor Standards Act
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (61) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 6/19/2017, Entered: None Unknown Document Type
Summons Issued as to Concho Resources, Inc.. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4)
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Legal Document (Payment Possibly Required) 60 Filed: 10/25/2019, Entered: 10/25/2019 Court Filing
ORDER OF DISMISSAL AND FINAL JUDGMENT granting 59 Joint MOTION to Dismiss with Prejudice and for Final Judgment. Case terminated on 10/25/2019. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 59 Filed: 10/25/2019, Entered: 10/25/2019
Joint MOTION to Dismiss with Prejudice and for Final Judgment by COG Operating LLC, filed. Motion Docket Date 11/15/2019. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Devine, Corey)
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Legal Document (Payment Possibly Required) 58 Filed: 10/18/2019, Entered: 10/18/2019
STATUS REPORT by COG Operating LLC, filed.(Devine, Corey)
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Legal Document (Payment Possibly Required) 57 Filed: 8/13/2019, Entered: 8/13/2019
STATUS REPORT by COG Operating LLC, filed.(Devine, Corey)
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Legal Document (Payment Possibly Required) 56 Filed: 2/15/2019, Entered: 2/15/2019 Court Filing
ORDER granting 54 Unopposed MOTION for Approval of of Settlement Agreement and Release (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Sealed Legal Document 55 Filed: 2/14/2019, Entered: 2/14/2019
SEALED EXHIBITS re: 54 Unopposed MOTION for Approval of of Settlement Agreement and Release by 718CDAA, filed. (Itkin, Lindsay)
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Legal Document (Payment Possibly Required) 54 Filed: 2/14/2019, Entered: 2/14/2019
Unopposed MOTION for Approval of of Settlement Agreement and Release by 718CDAA, filed. Motion Docket Date 3/7/2019. (Attachments: # 1 Exhibit A - Sealed, # 2 Exhibit B - Notice and Consent, # 3 Exhibit C - Notice and Consent, # 4 Exhibit D - Reminder Email, # 5 Exhibit E - Reminder Postcard, # 6 Exhibit F - Telephone Script, # 7 Proposed Order Proposed Order)(Itkin, Lindsay)
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Legal Document (Payment Possibly Required) 53 Filed: 1/18/2019, Entered: 1/18/2019
STATUS REPORT by 718CDAA, filed.(Itkin, Lindsay)
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Legal Document (Payment Possibly Required) 52 Filed: 12/14/2018, Entered: 12/14/2018 Court Filing
ORDER granting 51 Joint MOTION to Cancel Pending Scheduling Deadlines (Status Report due by 1/18/2019), Deadlines and Settings terminated (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 51 Filed: 12/14/2018, Entered: 12/14/2018
Joint MOTION to Cancel Pending Scheduling Deadlines by COG Operating LLC, filed. Motion Docket Date 1/4/2019. (Attachments: # 1 Proposed Order)(Devine, Corey)
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Legal Document (Payment Possibly Required) 50 Filed: 10/9/2018, Entered: 10/9/2018 Court Filing
ORDER granting 49 Joint MOTION to Stay and Toll Limitations (Case stayed until 11/9/2018.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 49 Filed: 10/8/2018, Entered: 10/8/2018
Joint MOTION to Stay and Toll Limitations by 718CDAA, filed. Motion Docket Date 10/29/2018. (Attachments: # 1 Proposed Order)(Itkin, Lindsay)
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Legal Document (Payment Possibly Required) 48 Filed: 9/18/2018, Entered: 9/18/2018 Court Filing
ORDER granting 47 Joint MOTION to Stay and to Toll Limitations (Case stayed until 10/5/2018.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 47 Filed: 9/17/2018, Entered: 9/17/2018
Joint MOTION to Stay and to Toll Limitations by 718CDAA, filed. Motion Docket Date 10/9/2018. (Attachments: # 1 Proposed Order)(Itkin, Lindsay)
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Legal Document (Payment Possibly Required) 46 Filed: 8/7/2018, Entered: 8/7/2018 Court Filing
ORDER granting 45 Joint MOTION for Extension of Time for Stay and Tolling of Limitations, denying without prejudice 22 MOTION for Leave to File Third-Party Complaint, denying without prejudice 33 MOTION to Compel Discovery. (Case stayed until 9/14/2018.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 45 Filed: 8/7/2018, Entered: 8/7/2018
Joint MOTION for Extension of Time for Stay and Tolling of Limitations by COG Operating LLC, filed. Motion Docket Date 8/28/2018. (Attachments: # 1 Exhibit A - Proposed Order)(Devine, Corey)
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Legal Document (Payment Possibly Required) 44 Filed: 6/8/2018, Entered: 6/8/2018 Court Filing
ORDER granting 43 Joint MOTION for Extension of Time for Stay and Tolling of Limitations (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 43 Filed: 6/8/2018, Entered: 6/8/2018
Joint MOTION for Extension of Time for Stay and Tolling of Limitations by COG Operating LLC, filed. Motion Docket Date 6/29/2018. (Attachments: # 1 Exhibit A - Proposed Order)(Devine, Corey)
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Legal Document (Payment Possibly Required) 42 Filed: 3/29/2018, Entered: 3/29/2018 Court Filing
ORDER granting 41 Joint MOTION to Stay and to Toll Limitations, Case stayed until 6/8/2018 (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 41 Filed: 3/29/2018, Entered: 3/29/2018
Joint MOTION to Stay and to Toll Limitations by COG Operating LLC, filed. Motion Docket Date 4/19/2018. (Attachments: # 1 Proposed Order)(Devine, Corey)
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Legal Document (Payment Possibly Required) 40 Filed: 3/28/2018, Entered: 3/28/2018 Court Filing
ORDER granting 37 Motion for Zachary P. Hoffman to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 39 Filed: 3/26/2018, Entered: 3/26/2018
REPLY in Support of 33 MOTION to Compel Discovery, filed by 718CDAA. (Josephson, Michael)
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Legal Document (Payment Possibly Required) 38 Filed: 3/26/2018, Entered: 3/26/2018
MOTION to Quash Subpoena, filed. Motion Docket Date 4/16/2018. (cvillegas, 7)
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Legal Document (Payment Possibly Required) 37 Filed: 3/26/2018, Entered: 3/26/2018
MOTION for Zachary P. Hoffman to Appear Pro Hac Vice, filed. Motion Docket Date 4/16/2018. (cvillegas, 7)
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Legal Document (Payment Possibly Required) 36 Filed: 3/23/2018, Entered: 3/23/2018 Court Filing
AGREED PROTECTIVE ORDER granting 35 Joint MOTION for Protective Order (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 35 Filed: 3/22/2018, Entered: 3/22/2018
Joint MOTION for Protective Order by COG Operating LLC, filed. Motion Docket Date 4/12/2018. (Attachments: # 1 Exhibit A)(Devine, Corey)
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Legal Document (Payment Possibly Required) 34 Filed: 3/19/2018, Entered: 3/19/2018
RESPONSE in Opposition to 33 MOTION to Compel Discovery, filed by COG Operating LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order)(Devine, Corey)
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Legal Document (Payment Possibly Required) 33 Filed: 2/26/2018, Entered: 2/26/2018
MOTION to Compel Discovery by 718CDAA, filed. Motion Docket Date 3/19/2018. (Attachments: # 1 Exhibit A - Concho's Deficient Discovery Responses, # 2 Exhibit B - 718CDAA Deficiency Letter, # 3 Exhibit C - Deficiency Correspondence and Exemplar Invoice, # 4 Exhibit D - General Objection Law, # 5 Exhibit E - Orders Applying Rule 34, # 6 Proposed Order)(Josephson, Michael)
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Legal Document (Payment Possibly Required) 32 Filed: 2/13/2018, Entered: 2/13/2018
NOTICE of Appearance by Jennifer M. Solak on behalf of 718CDAA, filed. (Solak, Jennifer)
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Legal Document (Payment Possibly Required) 31 Filed: 2/7/2018, Entered: 2/7/2018 Court Filing
ORDER granting 30 Joint MOTION for Extension of Time to Provide List of Potential Class Members and to Toll Limitations. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
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Legal Document (Payment Possibly Required) 30 Filed: 2/5/2018, Entered: 2/5/2018
Joint MOTION for Extension of Time to Provide List of Potential Class Members and to Toll Limitations by COG Operating LLC, filed. Motion Docket Date 2/26/2018. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Devine, Corey)
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Legal Document (Payment Possibly Required) 29 Filed: 1/26/2018, Entered: 1/26/2018 Court Filing
ORDER granting 21 MOTION to Certify Class (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 28 Filed: 1/25/2018, Entered: 1/25/2018
PROPOSED ORDER Granting Plaintiff's Motion for Conditional Certification re: 21 MOTION to Certify Class, filed.(Josephson, Michael)
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Legal Document (Payment Possibly Required) 27 Filed: 12/27/2017, Entered: 12/27/2017
REPLY in Support of 22 MOTION for Leave to File Third-Party Complaint, filed by COG Operating LLC. (Devine, Corey)
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Legal Document (Payment Possibly Required) 26 Filed: 12/18/2017, Entered: 12/18/2017
REPLY in Support of 21 MOTION to Certify Class, filed by 718CDAA. (Itkin, Lindsay)
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Legal Document (Payment Possibly Required) 25 Filed: 12/12/2017, Entered: 12/12/2017
RESPONSE in Opposition to 22 MOTION for Leave to File Third-Party Complaint, filed by 718CDAA. (Attachments: # 1 Exhibit A - Declaration of 718CDAA, # 2 Exhibit B - 718CDAA Consulting Certificate of Formation, # 3 Exhibit C - 718CDAA Consulting Forfeiture)(Itkin, Lindsay)
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Legal Document (Payment Possibly Required) 24 Filed: 12/7/2017, Entered: 12/7/2017
RESPONSE to 21 MOTION to Certify Class filed by COG Operating LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order)(Devine, Corey)
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Legal Document (Payment Possibly Required) 23 Filed: 11/29/2017, Entered: 11/29/2017
NOTICE of Filing Notice of Consent by 718CDAA, filed. (Josephson, Michael)
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Legal Document (Payment Possibly Required) 22 Filed: 11/21/2017, Entered: 11/21/2017
MOTION for Leave to File Third-Party Complaint by COG Operating LLC, filed. Motion Docket Date 12/12/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Devine, Corey)
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Legal Document (Payment Possibly Required) 21 Filed: 11/16/2017, Entered: 11/16/2017
MOTION to Certify Class by 718CDAA, filed. Motion Docket Date 12/7/2017. (Attachments: # 1 Exhibit 718CDAA Declaration, # 2 Exhibit Exemplar Invoices, # 3 Exhibit Notice and Consent Form)(Josephson, Michael)
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Legal Document (Payment Possibly Required) 20 Filed: 11/8/2017, Entered: 11/8/2017
NOTICE of Firm Name Change by COG Operating LLC, filed. (Devine, Corey)
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Legal Document (Payment Possibly Required) 19 Filed: 10/27/2017, Entered: 10/27/2017
NOTICE of Appearance by Andrew W. Dunlap on behalf of 718CDAA, filed. (Dunlap, Andrew)
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Legal Document (Payment Possibly Required) 18 Filed: 10/12/2017, Entered: 10/12/2017
First AMENDED ANSWER to 16 Amended Complaint/Counterclaim/Crossclaim etc. by COG Operating LLC, filed. (Devine, Corey)
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Legal Document (Payment Possibly Required) 17 Filed: 9/29/2017, Entered: 9/29/2017
NOTICE of Appearance by Daniel Lenhoff on behalf of Concho Resources, Inc., filed. (Lenhoff, Daniel)
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Legal Document (Payment Possibly Required) 16 Filed: 9/29/2017, Entered: 9/29/2017
FIRST AMENDED COMPLAINT with Jury Demand against COG Operating LLC filed by 718CDAA. Related document: 1 Complaint filed by 718CDAA. (aboyd, 4)
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Legal Document (Payment Possibly Required) 15 Filed: 9/29/2017, Entered: 9/29/2017 Court Filing
ORDER granting 12 Unopposed MOTION for Leave to File First Amended Original Class and Collective Action Complaint (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 14 Filed: 9/29/2017, Entered: 9/29/2017 Court Filing
DOCKET CONTROL ORDER. Pltf Expert Report due by 8/17/2018. Deft Expert Report due by 9/21/2018. Discovery due by 11/16/2018. Non-Dispositive Motion Filing due by 11/2/2018. Joint Pretrial Order due by 12/7/2018. Docket Call set for 12/14/2018 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 13 Filed: 9/29/2017, Entered: 9/29/2017 Court Filing
MINUTE ENTRY ORDER: Initial Pretrial and Scheduling Conference held. Appearances: Daniel Lenhoff for Defendant. Corey Edward Devine, Michael A Josephson. Ct Reporter: K. Metzger. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Legal Document (Payment Possibly Required) 12 Filed: 9/29/2017, Entered: 9/29/2017
Unopposed MOTION for Leave to File First Amended Original Class and Collective Action Complaint by 718CDAA, filed. Motion Docket Date 10/20/2017. (Attachments: # 1 Exhibit A - First Amend Complaint, # 2 Proposed Order)(Josephson, Michael)
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Legal Document (Payment Possibly Required) 11 Filed: 9/20/2017, Entered: 9/20/2017
Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by 718CDAA, filed.(Itkin, Lindsay)
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Legal Document (Payment Possibly Required) 10 Filed: 8/21/2017, Entered: 8/21/2017
NOTICE of Appearance by David I. Moulton on behalf of 718CDAA, filed. (Moulton, David)
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Legal Document (Payment Possibly Required) 9 Filed: 8/21/2017, Entered: 8/21/2017
NOTICE of Appearance by Richard J. (Rex) Burch on behalf of 718CDAA, filed. (Burch, Richard)
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Legal Document (Payment Possibly Required) 8 Filed: 8/21/2017, Entered: 8/21/2017
CERTIFICATE OF INTERESTED PARTIES by Concho Resources, Inc., filed.(Devine, Corey)
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Legal Document (Payment Possibly Required) 7 Filed: 8/21/2017, Entered: 8/21/2017
ANSWER to 1 Complaint by Concho Resources, Inc., filed.(Devine, Corey)
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Legal Document (Payment Possibly Required) 6 Filed: 8/14/2017, Entered: 8/14/2017
RETURN of Service, filed.(Josephson, Michael)
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Legal Document (Payment Possibly Required) 5 Filed: 8/14/2017, Entered: 8/14/2017
Docketed in Error - RETURN of Service of SUMMONS Executed as to Concho Resources, Inc. served on 7/31/2017, answer due 8/21/2017, filed.(Josephson, Michael) Modified on 8/14/2017 (hler, 4).
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Legal Document (Payment Possibly Required) 4 Filed: 7/28/2017, Entered: 7/28/2017
CERTIFICATE OF INTERESTED PARTIES by 718CDAA, filed.(Josephson, Michael)
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Legal Document (Payment Possibly Required) 3 Filed: 6/19/2017, Entered: 6/19/2017 Court Filing
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/29/2017 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(hcarradi, 4)
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Legal Document (Payment Possibly Required) 2 Filed: 6/16/2017, Entered: 6/16/2017
Request for Issuance of Summons as to Concho Resources, Inc., filed.(Josephson, Michael)
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Legal Document (Payment Possibly Required) 1 Filed: 6/16/2017, Entered: 6/16/2017
COMPLAINT against Concho Resources, Inc. (Filing fee $ 400 receipt number 0541-18521867) filed by 718CDAA. (Attachments: # 1 Exhibit A- Consent, # 2 Civil Cover Sheet)(Josephson, Michael)
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