Beer v. XTO:  Class Action Information

Documents / Pleadings


NOTE:  Documents that are not in red text require PACER access to be retrieved.  If you want one of these documents, but you do not have PACER, please contact class counsel.

Date Filed

#

Docket Text

07/19/2007

1 

NOTICE OF REMOVAL from District Court of Texas County OK, case number CJ-04-59., filed by XTO Energy Inc.  [Attached documents included the Second Amended Petition and XTO's Answer to the Second Amended Petition]

07/19/2007

2 

Receipt for Money Received from James S Drennan for XTO Energy Inc in the amount of $350.00

07/19/2007

3 

ENTRY of Appearance by James M Peters on behalf of all defendants

07/19/2007

4 

ENTRY of Appearance by Christopher J Perry on behalf of all defendants

07/19/2007

5 

ENTRY of Appearance by Michael S Peters on behalf of all defendants

07/19/2007

6 

NOTICE OF PENDING MOTIONS by all defendants

07/24/2007

7 

DISCLOSURE STATEMENT - CORPORATE by all defendants

08/01/2007

8 

ENTRY of Appearance by Edward L White on behalf of all plaintiffs

11/01/2007

9 

JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs

11/05/2007

10 

JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs

11/09/2007

11 

DISCLOSURE STATEMENT - RULE 26 by all plaintiffs

11/09/2007

12 

DISCLOSURE STATEMENT - RULE 26 by XTO Energy Inc

11/20/2007

13 

DOCKET: Scheduling Conference set for 1/8/2008 09:30 AM in Chambers before Honorable Tim Leonard. Status Report due by 1/2/2008

01/08/2008

14 

SCHEDULING ORDER: Discovery due by 5/7/2008; Plfs' Mtn for Class Certification 4/7/08; dft's response w/i 20 days t/a.. Signed by Honorable Tim Leonard on 1/8/08.

02/19/2008

15 

MOTION for Leave to Propound Additional Interrogatories by Plaintiffs

03/10/2008

16 

RESPONSE in Opposition re 15 MOTION for Leave to Propound Additional Interrogatories filed by XTO Energy Inc.

03/12/2008

17 

UNOPPOSED MOTION for Leave to File Reply re. Leave to Serve Interrogatories by Plaintiffs

03/14/2008

18 

ORDER granting 17 Plaintiffs' Motion for Leave to File Reply Brief within 11 days of the date of this order.

03/14/2008

19 

MOTION to Compel And Brief In Support by Plaintiffs

03/25/2008

20 

REPLY to Response to Motion re 15 MOTION for Leave to Propound Additional Interrogatories filed by Plaintiffs

03/26/2008

21 

ENTRY of Appearance by Martin S High on behalf of Plaintiffs

04/01/2008

22 

RESPONSE in Opposition re 19 MOTION to Compel And Brief In Support filed by XTO Energy Inc.

04/04/2008

23 

JOINT MOTION for Extension of Time of Briefing and Discovery Deadlines by XTO Energy Inc.

04/08/2008

24 

ORDER granting 23 Joint Motion for Extension of Time of Briefing and Discovery Deadlines. Discovery shall be completed no later than 06/09/08. Plaintiffs to file their Motion for Class Certification no later than 05/07/08. Defendant's response shall be filed no later than 05/27/08. Plaintffs' reply brief shall be filed no later than 06/09/08.

04/08/2008

 

Set/Reset Scheduling Order Deadlines: Discovery due by 6/9/2008.

04/14/2008

25 

REPLY by Plaintiffs to XTO Energy Inc.'s Brief in Opposition to Motion to Compel Discovery filed by Plaintiffs

05/07/2008

26 

ORDER denying 15 Plaintiffs' Motion for Leave to Propound Additional Interrogatories.

05/07/2008

27 

MOTION to Certify Class and Brief in Support by Plaintiffs

 

05/12/2008

28 

NOTICE of Change of Address by Christopher J Perry

05/13/2008

29 

NOTICE to Take Deposition of XTO Energy Inc. by Plaintiffs

05/15/2008

30 

MOTION for Leave to File Oversized Brief in Response to Plaintiffs' Combined Motion for Class Certification by XTO Energy Inc.

05/15/2008

31 

ORDER granting 30 Defendant XTO's Motion for Leave to File an Oversized Brief, no more than 35 pages for filing on 05/27/08 in response to 27 Plaintiffs' Combined Motion for Class Certification and Brief in Support. Plaintiff is granted leave to file a 15 page reply by 06/09/08.

05/19/2008

32 

MOTION for Protective Order by XTO Energy Inc.

05/19/2008

33 

MOTION to Expedite Hearing by XTO Energy Inc.

05/23/2008

34 

ORDER directing plaintiffs to file their response to the 32 Motion for Protective Order no later than 12:00 noon on 05/28/08. The deposition scheduled for 05/28/08 is stricken pending ruling on defendant's Motion for Protective Order. Defendant's 33 Motion for Expedited Hearing or Ruling is denied as moot.

05/27/2008

35 

RESPONSE to Motion re 32 MOTION for Protective Order filed by Plaintiffs

05/27/2008

36 

MOTION for Extension of Time to Complete Discovery by Plaintiffs

05/27/2008

37 

MOTION for Leave to Conduct Additional Deposition Pursuant to FRCP30(b)(6) by Plaintiffs

05/27/2008

38 

RESPONSE in Opposition re 27 MOTION to Certify Class and Brief in Support filed by XTO Energy Inc.

05/28/2008

39 

ENTRY of Appearance by Robert A French on behalf of XTO Energy Inc.

05/30/2008

40 

MOTION for Extension of Time to File Response/Reply by Plaintiffs

06/02/2008

41 

RESPONSE in Opposition re 36 MOTION for Extension of Time to Complete Discovery filed by XTO Energy Inc.

06/02/2008

42 

MOTION to Expedite Ruling on Pending Motions by Plaintiffs

06/03/2008

43 

ORDER denying 36 Plaintiffs' Motion to Extend Discovery Deadline to 07/09/08, as a blanket month-long extension of the 06/09/08 discovery deadline does not appear to be warranted; granting 40 Plaintiffs' "Emergency Motion for Leave for Additional Time to File Plaintiffs' Reply Brief or, in the Alternative, For Leave to File a Supplemental Brief or, in the Second Alternative, to Strike Expert Report of Kris L. Terry", as follows: The date for plaintiffs' reply brief is extended from 06/09/08 to 14 days after the deposition of Kris Terry. Court is denying 42 Plaintiffs' Motion for Expedited Hearing or Ruling, at this time.

06/06/2008

44 

RESPONSE in Opposition re 37 MOTION for Leave to Conduct Additional Deposition Pursuant to FRCP30(b)(6) filed by XTO Energy Inc.

06/26/2008

45 

ORDER granting 37 Plaintiffs' Motion for Leave to Conduct Additional Depositions; granting in part and denying in part 19 Plaintiffs' Motion to Compel; denying 32 Defendant's Motion for Protective Order.

07/02/2008

46 

REPLY to Response to Motion re 27 MOTION to Certify Class and Brief in Support filed by Plaintiffs

07/16/2008

47 

ORDER re 19 MOTION to Compel And Brief In Support filed by Plaintiffs. Court denies Plaintiffs' Motion to Compel with respect to Proposition IV.

07/21/2008

48 

ENTER ORDER re 27 MOTION to Certify Class and Brief in Support filed by Katherine K Boeck, Ladene Ramsey Beer. Evidentiary Hearing set to begin on 10/6/2008 10:00 AM and continuing, if necessary, through 12:00 Noon on 10/8/2008, in Courtroom #502 before Honorable Tim Leonard.

08/04/2008

49 

NOTICE of Change of Address by Christopher J Perry

08/13/2008

50 

OBJECTIONS to Deposition Notice filed by XTO Energy Inc.

08/14/2008

51 

ORDER directing plaintiffs to respond to 50 defendant's Objection and Motion for Protective Order no later than 6:00 p.m. on Friday, August 15, 2008.

08/15/2008

52 

REPLY by Plaintiffs

08/18/2008

53 

ORDER denying 50 defendant's Motion for Protective Order.

09/30/2008

54 

NOTICE of Subpoena by Plaintiffs

10/06/2008

55 

Minute Order. Proceedings held before Honorable Tim Leonard: Motion Hearing held on 10/6/2008 re 27 MOTION to Certify Class and Brief in Support filed by Katherine K Boeck, Ladene Ramsey Beer. Plaintiffs' exhibits 1-26, 28-48, 50-60 admitted. Defendant's exhibits 1-41 admitted. Opening statements of counsel. Plaintiffs' witnesses Daniel Reineke, Bennie Kniffen, Kris Terry and Steve Reese sworn. Testimony heard. Court reserves ruling on admittance of defendant's exhibits 42, 43 and 45 until it reviews the motion to compel. Court adjourns to 10:00 am on 10/7/08.

10/07/2008

56 

Minute Entry for proceedings held before Honorable Tim Leonard: Motion Hearing held on 10/7/2008 re 27 MOTION to Certify Class and Brief in Support filed by Katherine K Boeck, Ladene Ramsey Beer. Plaintiffs' witnesses Terry Schultz and Nick Dungey sworn. Testimony heard. Plaintiffs' exhibit 61 admitted. Court admits defendant's exhibits 42, 43 and 45 which were taken under advisement yesterday. Closing statements of counsel. Court takes matter under advisement. Parties withdraw original exhibits.

12/03/2008

57 

ORDER re 27 MOTION to Certify Class and Brief in Support filed by Katherine K Boeck, Ladene Ramsey Beer. Court finds plaintiffs failed to present any evidence regarding adequacy of representation. Court directs plaintiffs to present what they consider to be appropriate and sufficient evidence to establish both components of the adequacy-of-representation prong no later than 01/14/09. Defendant to respond to plaintiffs' submission no later than 01/30/09. In addition, to the extent plaintiffs believe the addition of a representative plaintiff from Kansas is appropriate, they are invited to move to amend their complaint to add such a party, no later than 01/05/09, as more fully set forth.

01/07/2009

58 

NOTICE to Take Deposition of Ladene Beer and Katherine Boeck by Plaintiffs

01/08/2009

59 

EMERGENCY MOTION for Protective Order and Brief in Support by Plaintiffs.

01/09/2009

60 

MOTION to Quash by XTO Energy Inc.

01/09/2009

61 

MOTION for Hearing re 60 MOTION to Quash by XTO Energy Inc.

01/09/2009

62 

RESPONSE in Opposition re 59 EMERGENCY MOTION for Protective Order and Brief in Support filed by XTO Energy Inc.

01/09/2009

63 

ORDER denying 59 Plaintiffs' Emergency Motion for Protective Order due to failure to comply with LCvR37.1.

01/09/2009

64 

MOTION to Supplement Motion to Quash by XTO Energy Inc.

01/09/2009

 

Docket Annotation: Document #64 was inadvertently filed as a "Motion" rather than the "Supplement" as titled. The Motion will be termed and the text should reflect the document as a Supplement to a prior motion. (ap, ) (Entered: 01/12/2009)

01/12/2009

65 

ORDER finding as moot 60 Defendant's Motion to Quash; finding as moot 61 Defendant's Motion for Expedited Hearing or Ruling.

01/14/2009

66 

SUPPLEMENTAL MOTION to Certify Class by all plaintiffs 27

01/14/2009

 

Docket Annotation: Document #66 was filed as a Supplemental Motion by plf. In speaking w/cnsl's asst, it is a Supplemental Brief as noted on the pleading and should be linked to Doc #27, Motion to Certify. The above motion will be termed and the text should reflect "Supplemental Brief" and will be properly linked by court staff. (ap, ) (Entered: 01/14/2009)

01/15/2009

67 

ENTRY of Appearance by Rex A Sharp on behalf of Tim Goddard

01/15/2009

68 

MOTION to Intervene by Tim Goddard

01/15/2009

69 

MEMORANDUM in Support re 68 MOTION to Intervene filed by Tim Goddard.

01/30/2009

70 

RESPONSE in Opposition re 66 SUPPLEMENTAL MOTION to Certify Class filed by XTO Energy Inc.

02/02/2009

71 

ENTRY of Appearance by Mark Banner on behalf of XTO Energy Inc.

02/02/2009

72 

RESPONSE in Opposition re 68 MOTION to Intervene for Kansas Subclass filed by XTO Energy Inc.

02/02/2009

73 

RESPONSE in Opposition re 68 MOTION to Intervene filed by Plaintiffs

02/10/2009

74 

REPLY to Response to Motion re 68 MOTION to Intervene filed by Tim Goddard

03/20/2009

75 

ORDER granting 27 Plaintiffs' Motion for Class Certification.

03/20/2009

76 

ORDER finding as moot 68 Contingent Motion to Intervene for Kansas Subclass.

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