Valenzuela et al v. Union Pacific Railroad Company et al

2:2015-cv-01092 (azd)

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1
06/15/2015
COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11791812 filed by Maria Valenzuela, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, Betty Hanson, Scott Hurst. (submitted by Kathryn Honecker)
1
https://ecf.azd.uscourts.gov/doc1/025114500647" onClick="goDLS{{'/doc1/025114500647','929650','21','','2','1','',''}};">1</a> Civil Cover Sheet)
1 Attachment
2
06/15/2015
SUMMONS Submitted by Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, Maria Valenzuela. (submitted by Kathryn Honecker)
1
Summons
2
Summons
3
https://ecf.azd.uscourts.gov/doc1/025114500672" onClick="goDLS{{'/doc1/025114500672','929650','23','','2','1','',''}};">3</a> Summons)
3 Attachments
3
06/15/2015
Filing fee paid, receipt number 0970-11791812. This case has been assigned to the Honorable David G Campbell. All future pleadings or documents should bear the correct case number: CV-15-01092-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
4
06/16/2015
Summons Issued as to Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP, Union Pacific Railroad Company. *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
1
Summons
2
Summons
3
https://ecf.azd.uscourts.gov/doc1/025114500780" onClick="goDLS{{'/doc1/025114500780','929650','27','','2','1','',''}};">3</a> Summons)
3 Attachments
5
06/16/2015
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge David G Campbell on 6/16/2015.
6
06/23/2015
SERVICE EXECUTED filed by Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, Maria Valenzuela: Rule 4 Waiver of Service of Summons. Waiver sent on June16, 2015 to Union Pacific Railroad Company.
7
06/24/2015
SERVICE EXECUTED filed by Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, Maria Valenzuela: Rule 4 Waiver of Service of Summons. Waiver sent on June 16, 2015 to Kinder Morgan G.P., Inc.
8
06/24/2015
SERVICE EXECUTED filed by Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, Maria Valenzuela: Rule 4 Waiver of Service of Summons. Waiver sent on June 16, 2015 to Kinder Morgan Operating L.P. "D".
9
06/24/2015
SERVICE EXECUTED filed by Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, Maria Valenzuela: Rule 4 Waiver of Service of Summons. Waiver sent on June 16, 2015 to SFPP, L.P.
10
07/06/2015
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Kathryn Ann Honecker.
11
07/06/2015
NOTICE re: Notice of Service of Order by Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, Maria Valenzuela re: 5 Order re Rule 12(b) Motions.
12
07/09/2015
NOTICE re: Notice of Multidistrict Litigation by Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, Maria Valenzuela.
13
07/15/2015
MOTION for Admission Pro Hac Vice as to attorney Elizabeth A Gepford McCulley on behalf of plaintiffs Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, and Maria Valenzuela.
07/15/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX160714 as to Elizabeth A Gepford McCulley. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
14
07/15/2015
MOTION for Admission Pro Hac Vice as to attorney Thomas S Stewart on behalf of plaintiffs Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, and Maria Valenzuela.
07/15/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX160713 as to Thomas S Stewart. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
15
07/15/2015
MOTION for Admission Pro Hac Vice as to attorney Barrett J Vahle on behalf of plaintiffs Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, and Maria Valenzuela.
07/15/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX160693 as to Barrett J Vahle. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
16
07/15/2015
MOTION for Admission Pro Hac Vice as to attorney Norman E Siegel on behalf of plaintiffs Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, and Maria Valenzuela.
07/15/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX160693 as to Norman E Siegel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
17
07/15/2015
MOTION for Admission Pro Hac Vice as to attorney Ethan M Lange on behalf of plaintiffs Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, and Maria Valenzuela.
07/15/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX160693 as to Ethan M Lange. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
18
07/15/2015
ORDER pursuant to General Order 09-08 granting 15 Motion for Admission Pro Hac Vice; granting 16 Motion for Admission Pro Hac Vice; granting 17 Motion for Admission Pro Hac Vice; granting 13 Motion for Admission Pro Hac Vice; granting 14 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
19
07/16/2015
MOTION for Admission Pro Hac Vice as to attorney Steven M Strauss on behalf of defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP, and Union Pacific Railroad Company.
20
07/16/2015
MOTION for Admission Pro Hac Vice as to attorney Summer J Wynn on behalf of defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP, and Union Pacific Railroad Company.
21
07/16/2015
MOTION for Admission Pro Hac Vice as to attorney M Ray Hartman on behalf of defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP, and Union Pacific Railroad Company.
22
07/16/2015
MOTION for Admission Pro Hac Vice as to attorney Catherine Joseph OConnor on behalf of defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP, and Union Pacific Railroad Company.
07/16/2015
PRO HAC VICE FEE PAID. $ 140, receipt number PHX160726 as to Catherine Joseph OConnor, M Ray Hartman, Summer J Wynn, Steven Marc Strauss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
23
07/16/2015
ORDER pursuant to General Order 09-08 granting 19 Motion for Admission Pro Hac Vice; granting 20 Motion for Admission Pro Hac Vice; granting 21 Motion for Admission Pro Hac Vice; granting 22 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
24
07/21/2015
NOTICE of Appearance by Summer J Wynn on behalf of Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Cert of Service
1 Attachment
25
07/21/2015
Corporate Disclosure Statement by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP identifying Corporate Parent Kinder Morgan Incorporated for Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Cert of Service
1 Attachment
26
07/21/2015
NOTICE of Errata re: 21 MOTION for Admission Pro Hac Vice as to attorney M Ray Hartman by Defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Cert of Service
1 Attachment
27
07/27/2015
MOTION for Admission Pro Hac Vice as to attorney Steven M Wald on behalf of plaintiffs Betty Hanson, Scott Hurst, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, and Maria Valenzuela.
07/28/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX161086 as to Steven M Wald. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
28
07/28/2015
ORDER pursuant to General Order 09-08 granting 27 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
08/04/2015
Remark: as to out of state attorney Jason Hartley - removed for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
29
08/10/2015
* MOTION for Extension of Time to File Answer - Unopposed by Union Pacific Railroad Company.
1
https://ecf.azd.uscourts.gov/doc1/025114727457" onClick="goDLS{{'/doc1/025114727457','929650','184','','2','1','',''}};">1</a> Text of Proposed Order) *Modified to correct event on 8/11/2015
1 Attachment
30
08/13/2015
MOTION for Admission Pro Hac Vice as to attorney Joe Rebein by Union Pacific Railroad Company.
31
08/14/2015
TEXT ONLY ORDER granting 29 Motion for Extension of Time to Answer. Union Pacific Railroad Company answer due 8/20/2015. (TCA)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
32
08/17/2015
*MOTION to Dismiss for Failure to State a Claim by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
RJN
2
Wynn Decl
3
Ex A Wynn Decl
4
Ex B Wynn Decl
5
Ex C Wynn Decl
6
Ex D Wynn Decl
7
Ex E Wynn Decl
8
Text of Proposed Order
9
https://ecf.azd.uscourts.gov/doc1/025114752904" onClick="goDLS{{'/doc1/025114752904','929650','194','','2','1','',''}};">9</a> Cert of Service) *Modified to correct motion type - attorney noticed on 8/18/2015
9 Attachments
33
08/17/2015
MOTION to Dismiss Counts/Claims : unjust enrichment (Count V) and accounting (Count VII) by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
34
08/17/2015
Corporate Disclosure Statement by Union Pacific Railroad Company identifying Corporate Parent Union Pacific Corporation for Union Pacific Railroad Company.
08/17/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX161879 as to Joseph M Rebein. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
35
08/17/2015
ORDER pursuant to General Order 09-08 granting 30 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
36
09/03/2015
AMENDED COMPLAINT against All Defendants filed by Maria Valenzuela, Socorro Munoz, Brenda Peters, Alonzo Valenzuela, Betty Hanson, Scott Hurst.
37
09/18/2015
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 36 Amended Complaint (Joint).
1
Text of Proposed Order
1 Attachment
38
09/18/2015
ORDER pursuant to 37 Stipulation For Extension of Time To Answer Complaint: All Defendants shall file their responses to Plaintiffs' Amended Complaint on or before 10/22/2015. Signed by Judge David G Campbell on 9/18/2015.
39
09/23/2015
MOTION to Transfer Related Case and Consolidate by Union Pacific Railroad Company, Union Pacific Railroad Company.
1
Text of Proposed Order) (Associated Cases: 2:15-cv-01092-DGC, 2:15-cv-01380-NVW
1 Attachment
40
09/29/2015
MOTION to Appoint Counsel by Betty Hanson, Scott Hurst, James Paul Mooney, Socorro Munoz, Brenda Peters, Somar Leasing LLC, Alonzo Valenzuela, Maria Valenzuela.
1
Text of Proposed Order
1 Attachment
41
09/29/2015
MEMORANDUM of Points and Authorities in Support of 40 MOTION to Appoint Counsel by Plaintiffs Betty Hanson, Scott Hurst, James Paul Mooney, Socorro Munoz, Brenda Peters, Somar Leasing LLC, Alonzo Valenzuela, Maria Valenzuela.
1
Exhibit
2
Exhibit
2 Attachments
42
09/30/2015
ORDER. Rule 16 Case Management Conference set for 12/16/2015 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 9/30/2015.
43
09/30/2015
RESPONSE to Motion re: (39 in 2:15-cv-01092-DGC, 39 in 2:15-cv-01092-DGC) MOTION to Transfer Related Case and Consolidate filed by Betty Hanson, Scott Hurst, James Paul Mooney, Socorro Munoz, Brenda Peters, Somar Leasing LLC, Alonzo Valenzuela, Maria Valenzuela. (Associated Cases: 2:15-cv-01092-DGC, 2:15-cv-01380-NVW)
44
10/05/2015
REPLY to Response to Motion re: (39 in 2:15-cv-01092-DGC) MOTION to Transfer Related Case and Consolidate filed by Union Pacific Railroad Company, Union Pacific Railroad Company. (Associated Cases: 2:15-cv-01092-DGC, 2:15-cv-01380-NVW)
45
10/07/2015
RESPONSE to Motion re: (39 in 2:15-cv-01092-DGC, 39 in 2:15-cv-01092-DGC) MOTION to Transfer Related Case and Consolidate filed by Jean Cheah. (Associated Cases: 2:15-cv-01380-NVW, 2:15-cv-01092-DGC)
46
10/13/2015
ORDER that Defendants' motion to transfer (Doc. 39) is granted. Related action Cheah, et al. v. Union Pacific Railroad Company, et al., Case No. 2:15-cv-01380-NVW is transferred to this Court and consolidated with this case for pretrial and trial purposes. Signed by Judge David G Campbell on 10/13/2015. (Associated Cases: 2:15-cv-01092-DGC, 2:15-cv-01380-DGC)
47
10/14/2015
RESPONSE in Opposition re: 40 MOTION to Appoint Counsel filed by Jean Cheah, Randall Putman, Lee Dudley Blevins Separate Property Revocable Trust, Paul Escobedo, Curly Horn Partners, Liber LLC, Orange Grove Center LLC, Penvesco, Joseph Raia, Katherine Tuchscherer, Whistle Stop Depot LLC.
1
Text of Proposed Order
1 Attachment
48
10/14/2015
RESPONSE in Opposition re: 40 MOTION to Appoint Counsel filed by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
49
10/19/2015
MOTION for Admission Pro Hac Vice as to attorney Tammy B Webb on behalf of Union Pacific Railroad Company.
10/20/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX164059 as to Tammy B Webb. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
50
10/20/2015
ORDER pursuant to General Order 09-08 granting 49 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
51
10/22/2015
Joint MOTION for Extension of Time to Respond to Complaint; Set Deadline to File Consolidated Amended Complaint; and Stay Scheduling Deadlines by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Text of Proposed Order
2
Cert of Service
2 Attachments
52
10/22/2015
Joint MOTION for Extension of Time to File Answer ; Set Deadline to File Consolidated Amended Complaint; and Stay Scheduling Deadlines by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
53
10/23/2015
*ORDER finding as moot 32 Motion to Dismiss for Failure to State a Claim; finding as moot 33 Motion to Dismiss Counts/Claims; denying 40 Motion to Appoint Counsel; finding as moot 51 Motion for Extension of Time Deadline; finding as moot 52 Motion for Extension of Time to Answer. Signed by Judge David G Campbell on 10/23/2015. *NEF regenerated on 10/26/2015
54
11/06/2015
MOTION to Appoint Counsel by Betty Hanson, Scott Hurst, James Paul Mooney, Socorro Munoz, Brenda Peters, Somar Leasing LLC, Alonzo Valenzuela, Maria Valenzuela.
1
Supplement Memorandum of Points and Authorities in Support of Motion to Appoint Interim Class Counsel
2
Exhibit Ex. 1 Declaration of Norman E. Siegel in Support of Motion to Appoint Interim Class Counsel
3
Exhibit Exhibit 1A
4
Exhibit Exhibit 1B
5
Exhibit Exhibit 1C
6
Exhibit Exhibit 1D
7
Exhibit Exhibit 1E
8
Exhibit Exhibit 1F
9
Exhibit Exhibit 2
10
Exhibit Exhibit 3
11
Exhibit Exhibit 3A
12
Text of Proposed Order Proposed Order
12 Attachments
55
11/06/2015
*NOTICE of Appearance by Maureen Beyers on behalf of Jean Cheah, Curly Horn Partners, Paul Escobedo, Lee Dudley Blevins Separate Property Revocable Trust, Liber LLC, Orange Grove Center LLC, Penvesco, Randall Putman, Joseph Raia, Katherine Tuchscherer, Whistle Stop Depot LLC. *Modified to correct event on 11/9/2015
56
11/06/2015
MOTION to Appoint Counsel by Jean Cheah, Curly Horn Partners, Paul Escobedo, Lee Dudley Blevins Separate Property Revocable Trust, Liber LLC, Orange Grove Center LLC, Penvesco, Randall Putman, Joseph Raia, Katherine Tuchscherer, Whistle Stop Depot LLC.
1
Declaration of Francis A. Bottini, Jr.
2
Exhibits A - C to Bottini Declaration
3
Text of Proposed Order
3 Attachments
57
11/18/2015
RESPONSE to Motion re: 56 MOTION to Appoint Counsel, 54 MOTION to Appoint Counsel filed by Union Pacific Railroad Company.
58
11/20/2015
RESPONSE to Motion re: 56 MOTION to Appoint Counsel and Liaison Counsel filed by Betty Hanson, Scott Hurst, James Paul Mooney, Socorro Munoz, Brenda Peters, Somar Leasing LLC, Alonzo Valenzuela, Maria Valenzuela.
1
Exhibit Exhibit 1
2
Exhibit Exhibit 2
3
Exhibit Exhibit A-E to Ex. 2
4
Exhibit Exhibit F-J to Ex. 2
5
Exhibit Exhibit K-O to Ex. 2
5 Attachments
59
11/20/2015
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Jean Cheah, Curly Horn Partners, Paul Escobedo, Lee Dudley Blevins Separate Property Revocable Trust, Liber LLC, Orange Grove Center LLC, Penvesco, Randall Putman, Joseph Raia, Katherine Tuchscherer, Whistle Stop Depot LLC.
1
Exhibit A - Red-lined version of Amended Class Action Complaint
1 Attachment
60
11/20/2015
*AMENDED COMPLAINT against All Defendants filed by Penvesco, Whistle Stop Depot LLC, Orange Grove Center LLC, Michael Jasper, Annette Jasper, KF Holdings LLP. *Modified to correct parties on 11/23/2015
61
11/20/2015
*RESPONSE in Opposition re: 54 MOTION to Appoint Counsel filed by Orange Grove Center LLC, Penvesco, Whistle Stop Depot LLC, Michael Jasper, Annette Jasper, KF Holdings LLP.
1
Declaration of Francis A. Bottini, Jr.
2
Exhibits A - F to Bottini Declaration
3
Declaration of Justus Benjamin III
4
https://ecf.azd.uscourts.gov/doc1/025115168043" onClick="goDLS{{'/doc1/025115168043','929650','377','','2','1','',''}};">4</a> Exhibits A - E to Benjamin Declaration) *Modified to correct parties on 11/23/2015
4 Attachments
62
12/01/2015
MOTION for Leave to File Excess Pages Unopposed Motion for Leave to Exceed Page Limitations Out of Time by Betty Hanson, Scott Hurst, James Paul Mooney, Socorro Munoz, Brenda Peters, Somar Leasing LLC, Alonzo Valenzuela, Maria Valenzuela.
1
Text of Proposed Order Proposed Order
1 Attachment
63
12/02/2015
ORDER granting 62 Motion for Leave to File Excess Pages out of time. Signed by Judge David G Campbell on 12/2/2015.
64
12/02/2015
NOTICE of Appearance by Tammy B Webb on behalf of Union Pacific Railroad Company.
65
12/02/2015
REPLY to Response to Motion re: 54 MOTION to Appoint Counsel filed by Betty Hanson, Scott Hurst, James Paul Mooney, Socorro Munoz, Brenda Peters, Somar Leasing LLC, Alonzo Valenzuela, Maria Valenzuela.
1
Exhibit Exhibit 1
2
Exhibit Exhibit A
2 Attachments
66
12/02/2015
REPLY to Response to Motion re: 56 MOTION to Appoint Counsel filed by Annette Jasper, Michael Jasper, KF Holdings LLP, Orange Grove Center LLC, Penvesco, Katherine Tuchscherer, Whistle Stop Depot LLC.
1
Reply Declaration of Francis A. Bottini, Jr.
2
Reply Declaration of Justus Benjamin III
3
Exhibits 1-14 to Benjamin Reply Declaration
3 Attachments
67
12/11/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 12/11/2015. ORDERED taking under advisement 54 Motion to Appoint Counsel ; taking under advisement 56 Motion to Appoint Counsel. Court will issue an order appointing lead counsel, setting a 30 day deadline for filing a consolidated amended complaint, and setting a case management conference. APPEARANCES: Barrett Vahle, Kathryn Honecker,Thomas Stewart, John Cowden, Norman Siegel (telephonic) for Valenzuela Plaintiffs. Francis Bottini Jr. and Maureen Beyers for Cheah Plaintiffs. Tammy Webb for Defendant Union Pacific Railroad Company. Summer Wynn and Catherine OConnor for Defendants SFPP LP, Kinder Morgan Operation, Kinder Morgan GP. (Court Reporter Gary Moll.) Hearing held 2:32 PM to 3:29 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
68
12/14/2015
TRANSCRIPT REQUEST by Alonzo Valenzuela for proceedings held on 12/11/2015, Judge David G Campbell hearing judge(s).
69
12/14/2015
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 12/11/2015, Judge David G Campbell hearing judge(s).
70
12/14/2015
TRANSCRIPT REQUEST by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 12/11/15, Judge David G Campbell hearing judge(s).
71
12/15/2015
ORDER - The Court has reviewed the motions for appointment of interim lead counsel (Docs. 54, 56) and heard oral argument on December 11, 2015. The Court will appoint Norman E. Siegel and Thomas S. Stewart as interim co-lead counsel. The Court concludes that no further leadership structure is required at this time. The Motion to appoint counsel (Doc. 54) is granted; Motion to appoint counsel (Doc. 56) is denied. Plaintiffs shall file a consolidated amended complaint by January 15, 2016. The parties shall confer about Defendants' motion-to-dismiss concerns before the complaint is filed and shall seek to avoid, where possible, the need for motions to dismiss. If Defendants elect to file motions to dismiss, they shall be filed by January 29, 2016. The Court will hold a Rule 16 case management conference on February 4, 2016,at 3:30 PM By January 29, 2016, Plaintiffs' counsel shall file a memorandum addressing the best method for the Court to manage the costs and fees to be incurred by Plaintiffs' counsel in this case. Signed by Judge David G Campbell on 12/14/2015. (See Order for complete details.)
72
12/15/2015
NOTICE OF DEFICIENCY re: 70 Transcript Request filed by SFPP LP, Kinder Morgan Operating LP D, Kinder Morgan GP Incorporated. Description of deficiency: 1) AO435 - No return deadline category checked. ACTION REQUIRED BY THE REQUESTER: The deficiency must be corrected within one (1) business day of this notice. The requester must re-file the entire corrected document AO435 Transcript Order form as a Transcript Request AMENDED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
73
12/15/2015
TRANSCRIPT REQUEST AMENDED by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 12/11/15, Judge David G Campbell hearing judge(s).
74
12/21/2015
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 12/11/2015, before Judge David G. Campbell. Court Reporter Gary Moll. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/11/2016. Redacted Transcript Deadline set for 1/21/2016. Release of Transcript Restriction set for 3/21/2016.
75
01/15/2016
AMENDED COMPLAINT Consolidated Class Action Complaint against All Defendants filed by James Paul Mooney, Lazy Coyote RV Village, LLC.
1
Exhibit A
2
Exhibit B
2 Attachments
76
01/28/2016
MOTION for Extension of Time to Answer Plaintiffs' Consolidated Complaint - Unopposed by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
77
01/28/2016
ORDER granting 76 Motion for Extension of Time Deadline. Defendants' answers to Plaintiffs' consolidated complaint due 2/23/2016. Signed by Judge David G Campbell on 1/28/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
78
01/28/2016
REPORT of Rule 26(f) Planning Meeting by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Exhibit A
2
Exhibit B
3
Certificate of Service
3 Attachments
79
01/29/2016
MOTION for Admission Pro Hac Vice as to attorney John K Sherk on behalf of Union Pacific Railroad Company.
01/29/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX167902 as to John K Sherk. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
80
01/29/2016
ORDER pursuant to General Order 09-08 granting 79 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
81
01/29/2016
MOTION to Seal Document Motion for Leave to File In Camera and Under Seal Plaintiffs' Memorandum Addressing Management of Costs and Fees by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Text of Proposed Order
1 Attachment
82
01/29/2016
FILED at 90 - SEALED LODGED Proposed Order Regarding Management of Costs and Fees re: 81 MOTION to Seal Document Motion for Leave to File In Camera and Under Seal Plaintiffs' Memorandum Addressing Management of Costs and Fees. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Lazy Coyote RV Village LLC.
1
Exhibit A
2
https://ecf.azd.uscourts.gov/doc1/025115424758" onClick="goDLS{{'/doc1/025115424758','929650','453','','2','1','',''}};">2</a> Text of Proposed Order) Modified on 2/9/2016
2 Attachments
83
02/02/2016
MOTION Entry of Discovery Coordination Order by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A
2
Text of Proposed Order Proposed Order
2 Attachments
84
02/04/2016
MINUTE ENTRY for proceedings held before Judge David G Campbell: Scheduling Conference held on 2/4/2016. Discussion held. Initial disclosures due 2/12/2016; Amending pleadings 7/1/2016. Matters taken under advisement as discussed on the record. Court will issue an order. APPEARANCES: Norman Siegel, Thomas Stewart, Barrett Vahle, Ethan Lange, Kathryn Honecker for Plaintiffs. Tammy Webb, Summer Wynn, Catherine OConner, John Sherk for Defendants (Court Reporter Patricia Lyons.) Hearing held 3:30 PM to 4:40 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
85
02/04/2016
MINUTE ENTRY for proceedings held before Judge David G Campbell: Ex Parte Hearing held on 2/4/2016. Plaintiff's Memorandum addressing management of costs and fees (doc. 82) discussed. Court will issue an order. (Court Reporter Patricia Lyons.) Hearing held 4:41 PM to 4:47 PM (cc: None)
86
02/08/2016
**AMENDED BY DOC. 172*CASE MANAGEMENT ORDER NO. 1. Case Management Conference set for 5/6/2016 at 4:00 PM Phase I discovery due by 10/31/2016. Motion for class certification due by 11/7/2016. Class certification hearing set for 2/3/2017 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Phase II Scheduling Conference set for 2/24/2017 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 2/8/2016. Modified on 10/20/2016
87
02/08/2016
ORDER denying 83 Motion for Entry of Discovery Coordination Order. Signed by Judge David G Campbell on 2/8/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
88
02/08/2016
TRANSCRIPT REQUEST by Lazy Coyote RV Village LLC, James Paul Mooney for proceedings held on 02/04/2016, Judge David G Campbell hearing judge(s).
89
02/09/2016
ORDER Regarding Management of Costs and Fees as set forth in this order; the motion to seal 81 is granted; the Clerk is directed to accept for filing under seal the document lodged at 82 on the Court's docket. Signed by Judge David G Campbell on 2/9/16. (cc: plas)
90
02/09/2016
Sealed MEMORANDUM Addressing Management of Costs and Fees by Betty Hanson, Scott Hurst, Annette Jasper, Michael Jasper, KF Holdings LLP, Lazy Coyote RV Village LLC, James Paul Mooney, Socorro Munoz, Orange Grove Center LLC, Penvesco, Brenda Peters, Somar Leasing LLC, Katherine Tuchscherer, Alonzo Valenzuela, Maria Valenzuela, Whistle Stop Depot LLC.
1
https://ecf.azd.uscourts.gov/doc1/025115462065" onClick="goDLS{{'/doc1/025115462065','929650','476','','2','1','',''}};">1</a> Exhibit A)
1 Attachment
91
02/10/2016
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 2/4/2016, Judge David G Campbell hearing judge(s).
92
02/12/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of SCHEDULING CONFERENCE proceedings held on 02/04/2016, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2016. Redacted Transcript Deadline set for 3/14/2016. Release of Transcript Restriction set for 5/12/2016.
93
02/12/2016
NOTICE of Service of Discovery filed by Lazy Coyote RV Village LLC, James Paul Mooney.
94
02/12/2016
NOTICE re: Service of Plaintiffs' Initial Disclosures by Lazy Coyote RV Village LLC, James Paul Mooney.
95
02/12/2016
NOTICE re: Service of Kinder Morgan's Initial Disclosures by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Certificate of Service
1 Attachment
96
02/12/2016
STIPULATION Protective Order by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
97
02/12/2016
STIPULATION Regarding the Production of Documents and ESI by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
98
02/12/2016
STIPULATION Regarding the Disclosure of Privileged Information by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
99
02/12/2016
NOTICE re: Service of Defendant Union Pacific Railroad Company's Rule 26(a)(1) Initial Disclosures by Union Pacific Railroad Company.
100
02/16/2016
*MOTION to Withdraw as Attorney [MOTION TO WITHDRAW AS COUNSEL AND BE REMOVED FROM ECF DISTRIBUTION AND NOTIFICATION] by Jean Cheah, Curly Horn Partners, Paul Escobedo, Lee Dudley Blevins Separate Property Revocable Trust, Liber LLC, Orange Grove Center LLC, Randall Putman, Joseph Raia, Katherine Tuchscherer, Whistle Stop Depot LLC.
1
https://ecf.azd.uscourts.gov/doc1/025115489016" onClick="goDLS{{'/doc1/025115489016','929650','496','','2','1','',''}};">1</a> Text of Proposed Order) *Modified to correct event on 2/17/2016
1 Attachment
101
02/17/2016
ORDER granting 100 Motion to Withdraw as Attorney. The law firm of Osborn Maledon P.A. and Maureen Beyers shall be withdrawn as counsel of record for the Cheah Plaintiffs in this matter. The law firm of Osborn Maledon, P.A. and Maureen Beyers shall be terminated from the docket and no longer receive notices of electronic filings in this matter. Signed by Judge David G Campbell on 02/17/2016.
102
02/22/2016
NOTICE of Service of Discovery filed by Union Pacific Railroad Company.
103
02/23/2016
NOTICE re: Notice of Lodging Time and Expense Protocol by Lazy Coyote RV Village LLC, James Paul Mooney.
104
02/23/2016
SEALED LODGED Proposed Timekeeping Protocol. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit ECF No. 89-1
2
Exhibit Timekeeping Spreadsheet
2 Attachments
105
02/23/2016
Defendant Union Pacific Railroad Company's ANSWER to 75 Amended Complaint with Jury Demand and, COUNTERCLAIM against Lazy Coyote RV Village LLC, James Paul Mooney by Union Pacific Railroad Company.
106
02/23/2016
ANSWER to 75 Amended Complaint with Jury Demand by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Certificate of Service
1 Attachment
107
02/23/2016
COUNTERCLAIM against Lazy Coyote RV Village LLC, James Paul Mooney filed by SFPP LP, Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D.
1
Certificate of Service
1 Attachment
108
02/29/2016
ORDER pursuant to 96 Stipulation: PROTECTIVE ORDER. Signed by Judge David G Campbell on 2/29/2016.
109
03/01/2016
ORDER pursuant to 97 Stipulation re production of documents and ESI. Signed by Judge David G Campbell on 3/1/2016.
110
03/01/2016
ORDER pursuant to 98 Stipulation re disclosure of privileged information. Signed by Judge David G Campbell on 3/1/2016.
111
03/16/2016
STIPULATION and Request for Extension of Time to Respond to Defendants' Counterclaims (First Request) by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Text of Proposed Order
1 Attachment
112
03/18/2016
DISREGARDED by Court Order doc.# 113. ORDER pursuant to 111 Stipulation : Kinder Morgan GP Incorporated answer due 4/1/2016; Kinder Morgan Operating LP D answer due 4/1/2016; Union Pacific Railroad Company answer due 4/1/2016. Signed by Judge David G Campbell on 3/18/2016. Modified on 3/21/2016
113
03/18/2016
ORDER re: 111 Order on Stipulation. Paul Mooney and Lazy Coyote RV Village shall file responses to the counterclaim on or before 4/1/2016. THE PARTIES SHALL DISREGARD DOC. 112. Signed by Judge David G Campbell on 3/18/2016.
114
03/18/2016
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Union Pacific Railroad Company.
1
Amended Counterclaims Against Plaintiffs (Redlined)
1 Attachment
115
03/18/2016
ANSWER to 60 Amended Complaint with Jury Demand and Amended, COUNTERCLAIM against All Plaintiffs by Union Pacific Railroad Company.
116
03/31/2016
NOTICE of Service of Discovery filed by Union Pacific Railroad Company.
117
04/01/2016
* MOTION to Dismiss Counts/Claims : Counterclaims (Count I and II) Plaintiffs' Motion for Partial Dismissal of Defendant Union Pacific Railroad Company's Counterclaims (Counts I and II), and MOTION for More Definite Statement Regarding Count V, and Memorandum of Points and Authorities in Support by Lazy Coyote RV Village LLC, James Paul Mooney. *Modified to Add MOTION for More Definite Statement on 4/4/2016
118
04/01/2016
ANSWER to 107 Counterclaim by Lazy Coyote RV Village LLC, James Paul Mooney.
119
04/14/2016
MOTION for Extension of Time to Respond to Plaintiffs' Motion for Partial Dismissal of Union Pacific's Counterclaims and More Definite Statement by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
120
04/14/2016
ORDER granting 119 Motion for Extension of Time Deadline as to 117 MOTION to Dismiss Counts/Claims : Counterclaims (Count I and II) Plaintiffs' Motion for Partial Dismissal of Defendant Union Pacific Railroad Company's Counterclaims (Counts I and II), and For More Definite Statement Regarding Count V, an MOTION for More Definite Statement. Response due 4/25/2016. Signed by Judge David G Campbell on 4/14/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
121
04/25/2016
RESPONSE in Opposition re: 117 MOTION to Dismiss Counts/Claims : Counterclaims (Count I and II) Plaintiffs' Motion for Partial Dismissal of Defendant Union Pacific Railroad Company's Counterclaims (Counts I and II), and For More Definite Statement Regarding Count V, an MOTION for More Definite Statement filed by Union Pacific Railroad Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
11 Attachments
122
04/28/2016
* NOTICE of Attorney Withdrawal (No Longer With Firm Only) (Jacob J. Cranston) by Union Pacific Railroad Company. * Modified to correct event; attorney noticed on 4/29/2016
123
05/02/2016
ORDER re: 86 Order, Set/Reset Deadlines/Hearings. DUE TO A CONFLICT IN THE COURT'S CALENDAR, the Scheduling Conference set for 5/6/2016 at 4:00 PM is VACATED and RESET for 5/25/2016 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel may appear telephonically for the conference (Plaintiff is directed to set up a conference call or dial-in number to include counsel for all parties and the Court.) Signed by Judge David G Campbell on 5/2/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
124
05/02/2016
MOTION for Admission Pro Hac Vice as to attorney Andrew D Carpenter on behalf of Union Pacific Railroad Company.
05/03/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX171441 as to Andrew D Carpenter. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
125
05/03/2016
ORDER pursuant to General Order 09-08 granting 124 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
126
05/05/2016
REPLY to Response to Motion re: 117 MOTION to Dismiss Counts/Claims : Counterclaims (Count I and II) Plaintiffs' Motion for Partial Dismissal of Defendant Union Pacific Railroad Company's Counterclaims (Counts I and II), and For More Definite Statement Regarding Count V, an MOTION for More Definite Statement filed by Lazy Coyote RV Village LLC, James Paul Mooney.
127
05/05/2016
*Ex Parte MOTION for Leave to File Brief & Exhibits for Leave to File Brief on Issues Raised by Plaintiffs' 117 MOTION for Partial Dismissal of Defendant Union Pacific's Counterclaims by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D and SFPP LP.
1
Wynn Declaration
2
Proposed Order
3
https://ecf.azd.uscourts.gov/doc1/025115834931" onClick="goDLS{{'/doc1/025115834931','929650','748','','2','1','',''}};">3</a> Cert of Service) *Modified to correct event and add document linkage on 5/6/2016
3 Attachments
128
05/05/2016
RESPONSE BRIEF by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP on Issues Raised by Plaintiffs' 117 Motion for Partial Dismissal of Defendant Union Pacific's Counterclaims.
1
Wynn Declaration
2
Wynn Declaration Exs. 1-5
3
Wynn Declaration Exs. 6-10
4
Wynn Declaration Exs. 11-15
5
Cert of Service
5 Attachments
129
05/09/2016
RESPONSE BRIEF by Union Pacific Railroad Company to Kinder Morgan's Brief on Issues Raised by Plaintiffs' Motion for Partial Dismissal of Union Pacific Railroad Company's Counterclaims.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
12
Exhibit L
13
Exhibit M
14
Exhibit N
14 Attachments
130
05/13/2016
NOTICE re: Supplemental Authority in Support of Union Pacific Railroad Company's Response in Opposition to Plaintiffs' Motion for Partial Dismissal and For More Definite Statement and in Support of Union Pacific Railroad Company's Response to Kinder Morgan's Brief on Issues Raised by Plaintiffs' Motion for Partial Dismissal of Defendant Union Pacific Railroad Company's Counterclaims by Union Pacific Railroad Company re: 129 Brief - Response, 121 Response in Opposition to Motion.
1
Exhibit A - May 10, 2016 Rulings on Scope of Remand by Hon. John Zebrowski
1 Attachment
131
05/17/2016
RESPONSE re: 130 Notice (Other) Union Pacific Railroad Company's Notice of Supplemental Authority by Defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Cert of Service
1 Attachment
132
05/20/2016
STATUS REPORT Joint Status Report for Case Management Conference Set for May 25, 2016 at 3:30 PM by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
133
05/25/2016
MINUTE ENTRY for proceedings held before Judge David G Campbell: Scheduling Conference held on 5/25/2016.Pending motions discussed. Following discovery issues addressed: (1) Rent action production,(2) Solicitation letters/fee agreements, (3) Depositions of former plaintiffs. APPEARANCES: Norman Siegel and Kathryn Honecker for Plaintiffs. Telephonic appearance by Ethan Lange and Barrett Vahle for Plaintiffs Joseph Rebein, Summer Wynn, Andrew Carpenter for Defendants A Telephone Status Conference is set for 8/5/2016 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Parties are encouraged to appear by phone. (Court Reporter Patricia Lyons.) Hearing held 3:34 PM to 5:22 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
134
05/26/2016
TRANSCRIPT REQUEST by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 05/25/16, Judge David G Campbell hearing judge(s).
135
05/27/2016
ORDER denying 117 Motion to Dismiss Counts/Claims; denying 117 Motion for More Definite Statement; granting 127 Motion for Leave to File. The requests for discovery at issue in the discovery disputes discussed on 5/25/2016 are denied. A telephonic status conference shall be held with the parties on 8/5/2016 at 3:30 PM before the Honorable David G. Campbell, 401 West Washington Street, Courtroom 603, Phoenix, AZ 85003. Counsel for Plaintiffs shall set up a dial-in line for all parties and court to participate in the status conference. Signed by Judge David G Campbell on 5/27/2016.
136
05/27/2016
TRANSCRIPT REQUEST by Lazy Coyote RV Village LLC, James Paul Mooney for proceedings held on 05/25/2016, Judge David G Campbell hearing judge(s).
137
05/27/2016
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 5/25/16, Judge David G Campbell hearing judge(s).
138
06/07/2016
NOTICE re: Supplemental Authority in Support of Brief by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP re: 128 Brief - Response.
1
Ex A to Notice
2
Cert of Service
2 Attachments
139
05/27/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE AND SCHEDULING CONFERENCE proceedings held on 05/25/2016, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/17/2016. Redacted Transcript Deadline set for 6/27/2016. Release of Transcript Restriction set for 8/25/2016.
140
06/08/2016
NOTICE re: Supplemental Authority by Union Pacific Railroad Company re: 129 Brief - Response, 121 Response in Opposition to Motion.
1
Exhibit A - June 3, 2016 Order Directing Memoranda
1 Attachment
141
06/14/2016
RESPONSE re: 135 Order on Motion to Dismiss Counts/Claims, Order on Motion for More Definite Statement, Order on Motion for Leave to File by Defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Wynn Declaration
2
Wynn Declaration - Exhibits 1-10
3
Wynn Declaration - Exhibits 11-20
4
Wynn Declaration - Exhibits 21-27
5
Cert of Service
5 Attachments
142
06/15/2016
RESPONSE re: 135 Order on Motion to Dismiss Counts/Claims, Order on Motion for More Definite Statement, Order on Motion for Leave to File by Plaintiffs Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A
1 Attachment
143
06/24/2016
RESPONSE re: 135 Order on Motion to Dismiss Counts/Claims, Order on Motion for More Definite Statement, Order on Motion for Leave to File by Defendant Union Pacific Railroad Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
144
07/05/2016
NOTICE re: of Filings in Related Action by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Exhibit Exhibit A
2
Exhibit Exhibit B
3
Exhibit Exhibit C
4
Certificate of Service
4 Attachments
145
07/05/2016
MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 7/5/2016. Argument held. Matter taken under advisement. Court order to issue. APPEARANCES: Norman Siegel for Plaintiffs. Joseph Rebein and Andrew Carpenter for Defendants Union Pacific. Steven Strauss and Summer Wynn for Defendants Kinder Morgan. (Court Reporter Patricia Lyons.) Hearing held 3:01 PM to 4:40 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
146
07/06/2016
TRANSCRIPT REQUEST by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 07/05/16, Judge David G Campbell hearing judge(s).
147
07/07/2016
TRANSCRIPT REQUEST by Lazy Coyote RV Village LLC, James Paul Mooney for proceedings held on 07/05/2016, Judge David G Campbell hearing judge(s).
148
07/07/2016
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 7/5/2016, Judge David G Campbell hearing judge(s).
149
07/11/2016
ORDER that Plaintiffs' motion for partial dismissal (Doc. 117) is denied. Signed by Judge David G Campbell on 7/11/2016. Modified on 7/12/2016
150
07/11/2016
NOTICE re: Filings in Related Action by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP re: 144 Notice (Other).
1
Notice Exh D
2
Cert of Service
2 Attachments
151
07/18/2016
TRANSCRIPT REQUEST by Lazy Coyote RV Village LLC, James Paul Mooney for proceedings held on 07/05/2016, Judge David G Campbell hearing judge(s).
152
07/25/2016
ANSWER to 115 Answer to Amended Complaint, Counterclaim by Lazy Coyote RV Village LLC, James Paul Mooney.
153
07/13/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 07/05/2016, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2016. Redacted Transcript Deadline set for 8/15/2016. Release of Transcript Restriction set for 10/11/2016.
154
07/29/2016
*Report Regarding Costs and Fees filed by Lazy Coyote RV Village LLC, James Paul Mooney. *.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E) *Modified on 7/29/2016 to change from Lodged to Filed pursuant to Order
89
https://ecf.azd.uscourts.gov/doc1/025115461926" onClick="goDLS{{'/doc1/025115461926','929650','474','','2','1','',''}};">89</a>
6 Attachments
155
08/01/2016
STATUS REPORT for Case Management Conference Set for August 5, 2016 at 3:30 PM by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A Judge Selna's Order
2
Exhibit B Magistrate Judge McCormick's Order
2 Attachments
156
08/05/2016
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Status Conference held on 8/5/2016. Joint report document 155 reviewed and discussed. APPEARANCES: Telephonic appearance by Norman Siegel, Ethan Lange, Barrett Vahle for Plaintiffs. Telephonic appearance by Andrew Carpener,John Sherk III, Tammy Webb for Defendant Union Pacific. Telephonic appearance by Summer Wynn for Defendant Kinder Morgan. Telephone Status Conference is set for 10/14/2016 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Parties to file a joint report 5 days before the hearing. (Court Reporter Patricia Lyons.) Hearing held 3:31 PM to 3:43 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
157
08/26/2016
* NOTICE of Service of Discovery (Plaintiffs' Expert Disclosures Relating to Class Certification) by Lazy Coyote RV Village LLC, James Paul Mooney. * Modified to correct event; attorney noticed on 8/29/2016
158
09/15/2016
NOTICE of Service of Discovery filed by Lazy Coyote RV Village LLC, James Paul Mooney.
159
09/19/2016
NOTICE of Service of Discovery filed by Lazy Coyote RV Village LLC, James Paul Mooney.
160
09/26/2016
NOTICE re: Service of Expert Disclosures Related to Class Certification by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Certificate of Service
1 Attachment
161
09/26/2016
NOTICE re: Service of Expert Disclosures Related to Class Certification by Union Pacific Railroad Company.
162
10/03/2016
NOTICE of Service of Discovery filed by Lazy Coyote RV Village LLC, James Paul Mooney.
163
10/10/2016
STATUS REPORT for Case Management Conference Set for October 14, 2016 at 4:00 PM by Lazy Coyote RV Village LLC, James Paul Mooney.
164
10/10/2016
NOTICE of Service of Discovery filed by Lazy Coyote RV Village LLC, James Paul Mooney.
165
10/14/2016
SUPPLEMENT to Joint Status Report re: 163 Report - Status by Plaintiffs Lazy Coyote RV Village LLC, James Paul Mooney.
166
10/14/2016
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Status Conference held on 10/14/2016. Joint status report and supplement [163,165] discussed. APPEARANCES: Telephonic appearance by Norman Siegel, Barrett Vahle, Ethan Lange for Plaintiffs. Telephonic appearance by John Sherk III and Tammy Webb for Defendant Union Pacfic Railroad. Telephonic appearance by Summer Wynn and Catherine OConnor for Defendants Kinder Morgan.A Telephonic Status Conference is set for 12/8/2016 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. (Court Reporter Patricia Lyons.) Hearing held 4:03 PM to 4:16 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
167
10/17/2016
*NOTICE of Service of Discovery re: Rebuttal Expert Disclosures by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
https://ecf.azd.uscourts.gov/doc1/025116531461" onClick="goDLS{{'/doc1/025116531461','929650','880','','2','1','',''}};">1</a> Cert of Service) *Modified to correct event type on 10/18/2016
1 Attachment
168
10/17/2016
*NOTICE of Service of Discovery re: Plaintiffs' Rebuttal Expert Disclosures Relating to Class Certification by Lazy Coyote RV Village LLC, James Paul Mooney. *Modified to correct event type on 10/18/2016
169
10/18/2016
NOTICE re: Supplemental Authority by Union Pacific Railroad Company.
1
Exhibit A - October 18, 2016 Order
1 Attachment
170
10/19/2016
ORDER. TELEPHONIC DISCOVERY CONFERENCE set for 10/19/2016 at 03:20 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall provide the Court with a dial-in number for the call. Signed by Judge David G Campbell on 10/19/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
171
10/19/2016
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 10/19/2016. Plaintiffs and Defendant Kinder Morgan stipulate to adjusting the case management order no.1. Defendant Union Pacific objects. Discussion held. Court will grant the stipulation and enter an amended case management order. APPEARANCES: Telephonic appearance by Norman Siegel, Ethan Lange, Elizabeth McCulley, Barrett Vahle, Thomas Stewart for Plaintiffs. Telephonic appearance by John Sherk III and Tammy Webb for Defendants Union Pacific Railroad. Telephonic appearance by Summer Wynn and Ray Hartman for Defendants Kinder Morgan. (Court Reporter Elaine Cropper.) Hearing held 3:20 PM to 3:32 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
172
10/20/2016
AMENDED CASE MANAGMENT ORDER NO. 1: Motions due by 11/28/2016. Class certification hearing set for 2/10/2017 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell.Signed by Judge David G Campbell on 10/20/2016.
173
10/20/2016
NOTICE of Service of Discovery filed by Lazy Coyote RV Village LLC, James Paul Mooney.
174
10/21/2016
*NOTICE of Service of Discovery re Responses and Objections to Discovery by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
https://ecf.azd.uscourts.gov/doc1/025116550706" onClick="goDLS{{'/doc1/025116550706','929650','896','','2','1','',''}};">1</a> Cert of Service) *Modified to correct event type on 10/21/2016
1 Attachment
175
10/21/2016
TRANSCRIPT REQUEST by Lazy Coyote RV Village LLC, James Paul Mooney for proceedings held on 10/19/2016, Judge David G Campbell hearing judge(s).
176
10/21/2016
TRANSCRIPT REQUEST by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 10/19/2016, Judge David G Campbell hearing judge(s).
177
10/21/2016
NOTICE TO FILER OF DEFICIENCY re: AO435 176 Transcript Request filed by SFPP LP, Kinder Morgan Operating LP D, Kinder Morgan GP Incorporated. Item 18 - ORDER: (CATEGORY) A box under ORIGINAL + 1 was incorrectly checked. The original has been previously ordered and is being prepared. E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile with the appropriate box checked under FIRST COPY and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
178
10/21/2016
AMENDED TRANSCRIPT REQUEST pursuant to 177 Notice of Deficiency by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 10/19/2016, Judge David G Campbell hearing judge(s).
179
10/24/2016
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 10/19/2016, Judge David G Campbell hearing judge(s).
180
10/24/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC CONFERENCE proceedings held on 10/19/2016, before Judge David G. Campbell. (Court Reporter: Elaine Cropper). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2016. Redacted Transcript Deadline set for 11/25/2016. Release of Transcript Restriction set for 1/23/2017.
181
10/31/2016
NOTICE of Service of Discovery filed by Lazy Coyote RV Village LLC, James Paul Mooney.
182
11/01/2016
ORDER. TELEPHONIC DISCOVERY CONFERENCE set for 11/8/2016 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall coordinate a dial-in number for the call and shall circulate the dial-in information to the parties and the Court no later than 5:00 PM on 11/7/2016. Signed by Judge David G Campbell on 11/1/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
183
11/04/2016
TRANSCRIPT REQUEST by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 08/05/16, Judge David G Campbell hearing judge(s).
184
11/04/2016
TRANSCRIPT REQUEST by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 10/14/16, Judge David G Campbell hearing judge(s).
185
11/07/2016
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 08/05/2016, Judge David G Campbell hearing judge(s).
186
11/07/2016
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 10/14/16, Judge David G Campbell hearing judge(s).
187
11/07/2016
MOTION to Stay Proceedings Pending Appeal by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
188
11/07/2016
NOTICE of Service of Discovery filed by Lazy Coyote RV Village LLC, James Paul Mooney.
189
11/07/2016
NOTICE of Service of Discovery filed by Lazy Coyote RV Village LLC, James Paul Mooney.
190
11/08/2016
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Conference held on 11/8/2016. ORDERED denying w/o prejudice 187 Motion to Stay. (Court Reporter Patricia Lyons.) Hearing held 3:03 PM to 3:37 PM.
191
11/09/2016
MOTION for Admission Pro Hac Vice as to attorney David Brenton Dwerlkotte on behalf of Union Pacific Railroad Company.
11/09/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX178486 as to David Brenton Dwerlkotte. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
192
11/09/2016
ORDER pursuant to General Order 09-08 granting 191 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
193
11/09/2016
TRANSCRIPT REQUEST by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 11/08/16, Judge David G Campbell hearing judge(s).
194
11/10/2016
TRANSCRIPT REQUEST by Lazy Coyote RV Village LLC, James Paul Mooney for proceedings held on 11/08/2016, Judge David G Campbell hearing judge(s).
195
11/10/2016
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 11/08/2016, Judge David G Campbell hearing judge(s).
196
11/11/2016
MOTION to Seal Document by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Text of Proposed Order
1 Attachment
197
11/11/2016
***FILED at (Doc. 213)--SEALED LODGED Proposed Plaintiffs' Memorandum Regarding Defendants' Privilege Claims re: 196 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
12
https://ecf.azd.uscourts.gov/doc1/025116641269" onClick="goDLS{{'/doc1/025116641269','929650','950','','2','1','',''}};">12</a> Exhibit L) Modified on 12/1/2016
12 Attachments
198
11/16/2016
MOTION to Seal Document by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
199
11/16/2016
***FILED at (Doc. 215)--SEALED LODGED Proposed Defendant Union Pacific Railroad Company's Response to Plaintiffs' Memorandum Regarding Defendants' Privileged Documents re: 198 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Union Pacific Railroad Company.
1
https://ecf.azd.uscourts.gov/doc1/025116658170" onClick="goDLS{{'/doc1/025116658170','929650','955','','2','1','',''}};">1</a> Exhibit A to I) Modified on 12/1/2016
1 Attachment
200
11/16/2016
MOTION to Seal Document by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Proposed Order
1 Attachment
201
11/16/2016
***FILED at (Doc. 217)--SEALED LODGED Proposed Kinder Morgan's Response to Plaintiffs' Memorandum Regarding Privileged Documents re: 200 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Hartman Decl
2
Hartman Decl Ex 1
3
https://ecf.azd.uscourts.gov/doc1/025116658987" onClick="goDLS{{'/doc1/025116658987','929650','960','','2','1','',''}};">3</a> Hartman Decl Ex 2) Modified on 12/1/2016
3 Attachments
202
11/05/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONE CONFERENCE proceedings held on 08/05/2016, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/6/2016. Release of Transcript Restriction set for 2/3/2017.
203
11/05/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONE CONFERENCE Proceedings held on 10/14/2016, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/6/2016. Release of Transcript Restriction set for 2/3/2017.
204
11/10/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC CONFERENCE proceedings held on 11/08/2016, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2016. Redacted Transcript Deadline set for 12/12/2016. Release of Transcript Restriction set for 2/8/2017.
205
11/22/2016
ORDER. The Court will not be able to get the parties a ruling on the privilege issues this week. The Court hopes to do so next week. The parties should brief the class certification issues as scheduled. Signed by Judge David G Campbell on 11-22-16. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
206
11/23/2016
MOTION for Leave to File Excess Pages for Class Certification Briefing by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Text of Proposed Order
1 Attachment
207
11/28/2016
MOTION to Seal Document by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Text of Proposed Order
1 Attachment
208
11/28/2016
MOTION to Certify Class and Memorandum in Support by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A
2
Exhibit 1
3
Exhibit 2
4
Exhibit 3
5
Exhibit 4
6
Exhibit 5
7
Exhibit 6
8
Exhibit 7
9
Exhibit 8
10
Exhibit 9
11
Exhibit 10
12
Exhibit 11
13
Exhibit 12
14
Exhibit 13
15
Exhibit 14
16
Exhibit 15
17
Exhibit 16
18
Exhibit 17
19
Exhibit 18
20
Exhibit 19
21
Exhibit 20
22
Exhibit 21
23
Exhibit 22
24
Exhibit 23
25
Exhibit 24
26
Exhibit 25
27
Exhibit 26
28
Exhibit 27
29
Exhibit 28
30
Exhibit 29
31
Exhibit 30
32
Exhibit B
32 Attachments
209
11/28/2016
SEALED LODGED Proposed Exs 1, 6, 7, 13, 15, 25 re: 207 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit 6
2
Exhibit 7
3
Exhibit 13
4
Exhibit 15
5
Exhibit 25
5 Attachments
210
11/29/2016
ORDER. The Court has reviewed the parties' briefing on the privilege issue (Docs. 197, 199, 201) and concludes that Plaintiffs, in fairness, should be afforded an opportunity to reply. Plaintiffs may file an 8-pate reply by the close of business on December 5, 2016. Signed by Judge David G Campbell on 11-29-16. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
211
12/01/2016
ORDER granting 206 Motion for Leave to File Excess Pages. Signed by Judge David G Campbell on 12/1/2016.
212
12/01/2016
ORDER granting 196 Motion to Seal Plaintiffs' Memorandum Regarding Defendants' Privilege Claims. Signed by Judge David G Campbell on 12/01/2016.
213
12/01/2016
Sealed Memorandum Regarding Defendant's Privilege Claims by Lazy Coyote RV Village LLC and James Paul Mooney.
1
https://ecf.azd.uscourts.gov/doc1/025116718461" onClick="goDLS{{'/doc1/025116718461','929650','986','','2','1','',''}};">1</a> Exhibits A-L)
1 Attachment
214
12/01/2016
ORDER granting 198 Motion to Seal Defendant Union Pacific's Response to Plaintiff's Memorandum. Signed by Judge David G Campbell on 12/01/2016.
215
12/01/2016
Sealed Response to Plaintiff's 213 Memorandum Regarding Defendants' Privileged Documents by Union Pacific Railroad Company.
1
https://ecf.azd.uscourts.gov/doc1/025116718550" onClick="goDLS{{'/doc1/025116718550','929650','990','','2','1','',''}};">1</a> Exhibits A-I)
1 Attachment
216
12/01/2016
ORDER granting 200 Motion to Seal Defendant Kinder Morgan's Response to Memorandum. Signed by Judge David G Campbell on 12/01/2016.
217
12/01/2016
Sealed Response to Plaintiff's 213 Memorandum Regarding Privileged Documents by Kinder Morgan GP Incorporated and Kinder Morgan Operating LP D.
1
Declaration of M. Ray Hartman III
2
Exhibit 1
3
https://ecf.azd.uscourts.gov/doc1/025116718689" onClick="goDLS{{'/doc1/025116718689','929650','994','','2','1','',''}};">3</a> Exhibit 2)
3 Attachments
218
12/02/2016
STATUS REPORT Joint Status Report for Case Management Conference Set for December 8, 2016 at 2:00 PM by Lazy Coyote RV Village LLC, James Paul Mooney.
219
12/05/2016
MOTION to Seal Document Unopposed Motion to Seal Plaintiffs' Reply Regarding Defendants' Privilege Claims by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Text of Proposed Order
1 Attachment
220
12/05/2016
***FILED at (Doc. 225) SEALED LODGED Proposed Plaintiffs' Reply Regarding Defendants' Privilege Claims re: 219 MOTION to Seal Document Unopposed Motion to Seal Plaintiffs' Reply Regarding Defendants' Privilege Claims. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
https://ecf.azd.uscourts.gov/doc1/025116732982" onClick="goDLS{{'/doc1/025116732982','929650','1000','','2','1','',''}};">4</a> Exhibit 4) Modified on 12/16/2016
4 Attachments
221
12/08/2016
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Conference held on 12/8/2016.Motion Hearing re : 208 MOTION to Certify Class is set for 2/10/2017 at 01:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. (Court Reporter Patricia Lyons.) Hearing held 2:03 PM to 2:13 PM.
222
12/12/2016
*(AMENDED BY DOC. 223) TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 12/08/2016, Judge David G Campbell hearing judge(s). *Modified reference amended version on 12/12/2016
223
12/12/2016
*AMENDED TRANSCRIPT REQUEST (AMENDS DOC. 222) by Union Pacific Railroad Company for proceedings held on 12/08/16, Judge David G Campbell hearing judge(s). *Modified to reference amended version on 12/12/2016
224
12/16/2016
ORDER granting 219 Motion to Seal Plaintiffs' Reply Regarding Defendants Privilege Claims. Signed by Judge David G Campbell on 12/16/2016.
225
12/16/2016
SEALED REPLY to Plaintiff's 213 Sealed Memorandum Regarding Defendant's Privilege Claims by Lazy Coyote RV Village LLC and James Paul Mooney.
1
https://ecf.azd.uscourts.gov/doc1/025116784914" onClick="goDLS{{'/doc1/025116784914','929650','1014','','2','1','',''}};">1</a> Exhibits 1-4)
1 Attachment
226
12/21/2016
ORDER re privileged document review. Signed by Judge David G Campbell on 12/21/2016.
227
12/16/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC CONFERENCE proceedings held on 12/08/2016, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/16/2017.
228
01/13/2017
MOTION to Seal Document by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
229
01/13/2017
SEALED LODGED Proposed Ex. L to Union Pacific's Response to Plaintiffs' Motion for Class Certification - Expert Report of Scott T. Jones re: 228 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Union Pacific Railroad Company.
230
01/13/2017
RESPONSE in Opposition re: 208 MOTION to Certify Class and Memorandum in Support filed by Union Pacific Railroad Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
12
Exhibit L
13
Exhibit M
14
Exhibit N
15
Exhibit O
16
Exhibit P
17
Exhibit Q
17 Attachments
231
01/13/2017
MOTION to Strike Cindi Straup as an Expert by Union Pacific Railroad Company.
1
Exhibit Expert Report of Cindi Straup
2
Exhibit Rebuttal Report of Lawrence Lacombe
3
Exhibit ALTA Standards 2016
4
Exhibit NSPS Model Standards
5
Exhibit Expert Report of Bernie Shaner
6
Exhibit Expert Report of C. David Matthews
7
Exhibit Rebuttal Expert Report of John H. Rall
7 Attachments
232
01/13/2017
Joinder re: 231 MOTION to Strike Cindi Straup as an Expert by Defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
233
01/13/2017
MOTION to Strike C. David Matthews as an Expert by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Hartman Decl
2
Hartman Decl Ex 1
3
Hartman Decl Ex 2
4
Hartman Decl Ex 3
5
Hartman Decl Ex 4
6
Text of Proposed Order
7
Cert of Service
7 Attachments
234
01/13/2017
Joinder re: 233 MOTION to Strike C. David Matthews as an Expert by Defendant Union Pacific Railroad Company.
235
01/13/2017
*MOTION to Strike and OBJECTION re: 208 MOTION to Certify Class and Memorandum in Support Exhibit 7 (Portion Under Seal) by Defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Text of Proposed Order
2
https://ecf.azd.uscourts.gov/doc1/025116888865" onClick="goDLS{{'/doc1/025116888865','929650','1040','','2','1','',''}};">2</a> Cert of Service) *Modified to correct event type on 1/17/2017
2 Attachments
236
01/13/2017
RESPONSE in Opposition re: 208 MOTION to Certify Class and Memorandum in Support filed by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Wynn Decl
2
Wynn Decl Ex A-1
3
Wynn Decl Ex A-2
4
Wynn Decl Ex A-3
5
Wynn Decl Ex A-4
6
Wynn Decl Ex B-1
7
Wynn Decl Ex B-2
8
Wynn Decl Ex B-3
9
Wynn Decl Ex C
10
Wynn Decl Ex D
11
Wynn Decl Ex E
12
Wynn Decl Ex F
13
Wynn Decl Ex G
14
Wynn Decl Ex H
15
Wynn Decl Ex I
16
Wynn Decl Ex J
17
Wynn Decl Ex K
18
Wynn Decl Ex L
19
Wynn Decl Ex M
20
Wynn Decl Ex N
21
Wynn Decl Ex O
22
Wynn Decl Ex P
23
Cert of Service
23 Attachments
237
01/20/2017
MOTION for Extension of Time to File Response/Reply as to 233 MOTION to Strike C. David Matthews as an Expert, 231 MOTION to Strike Cindi Straup as an Expert, 232 Joinder, 234 Joinder, 235 MOTION to Strike by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Text of Proposed Order
1 Attachment
238
01/23/2017
ORDER. The Court will deny the three motions to strike filed by Defendants as contrary to LRCiv 7.2(m). Defendants shall, by close of business on January 26, file revised responses to the motion for class certification that include arguments now contained in their motions to strike. To accommodate these additional arguments, the responses may be up to 35 pages in length. Plaintiffs' response in support of their motion for class certification will still be due on February 3, 2017, and shall address the arguments Defendants have made in their motions to strike, as revised in their new responses. To accommodate these extra arguments, Plaintiffs' reply may be up to 27 pages. The hearing on class certification will remain as scheduled. Signed by Judge David G Campbell on 1-23-17. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
239
01/23/2017
ORDER finding as moot 237 Motion for Extension of Time to File Response/Reply per 238. Signed by Judge David G Campbell on 1/23/2017. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
240
01/26/2017
MOTION to Seal Document by Union Pacific Railroad Company.
1
Text of Proposed Order
1 Attachment
241
01/26/2017
SEALED LODGED Proposed Ex. L to Union Pacific's Response to Plaintiffs' Motion for Class Certification - Expert Report of Scott T. Jones re: 240 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Union Pacific Railroad Company.
242
01/26/2017
RESPONSE in Opposition re: 208 MOTION to Certify Class and Memorandum in Support filed by Union Pacific Railroad Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
12
Exhibit L
13
Exhibit M
14
Exhibit N
15
Exhibit O
16
Exhibit P
17
Exhibit Q
18
Exhibit R
19
Exhibit S
20
Exhibit T
21
Exhibit U
21 Attachments
243
01/26/2017
RESPONSE in Opposition re: 208 MOTION to Certify Class and Memorandum in Support filed by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Wynn Decl
2
Wynn Decl Ex A-1
3
Wynn Decl Ex A-2
4
Wynn Decl Ex A-3
5
Wynn Decl Ex A-4
6
Wynn Decl Ex B-1
7
Wynn Decl Ex B-2
8
Wynn Decl Ex B-3
9
Wynn Decl Ex C
10
Wynn Decl Ex D
11
Wynn Decl Ex E
12
Wynn Decl Ex F
13
Wynn Decl Ex G
14
Wynn Decl Ex H
15
Wynn Decl Ex I
16
Wynn Decl Ex J
17
Wynn Decl Ex K
18
Wynn Decl Ex L
19
Wynn Decl Ex M
20
Wynn Decl Ex N
21
Wynn Decl Ex O
22
Wynn Decl Ex P
23
Wynn Decl Ex Q
24
Cert of Service
24 Attachments
244
01/31/2017
SEALED LODGED Proposed Plaintiffs Report Regarding Costs and Fees. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
5 Attachments
245
01/31/2017
NOTICE re: Notice of Lodging Attorney Billing Summaries by Lazy Coyote RV Village LLC, James Paul Mooney.
246
02/03/2017
REPLY to Response to Motion re: 208 MOTION to Certify Class and Memorandum in Support filed by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit C
2
Exhibit 31
3
Exhibit 32
4
Exhibit 33
5
Exhibit 34
6
Exhibit 35
6 Attachments
247
02/03/2017
REPLY to Response to Motion re: 208 MOTION to Certify Class and Memorandum in Support filed by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit C
2
Exhibit 31
3
Exhibit 32
4
Exhibit 33
5
Exhibit 34
6
Exhibit 35
6 Attachments
248
02/09/2017
NOTICE of Errata re: 246 Reply to Response to Motion by Plaintiffs Lazy Coyote RV Village LLC, James Paul Mooney.
249
02/10/2017
MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 2/10/2017. ORDERED taking under advisement 208 Motion to Certify Class. Court will issue an order. APPEARANCES: Norman Siegel, Barrett Vahle, Thomas Stewart, John Cowden, Kathryn Honecker for Plaintiffs. Steven Strauss, Summer Wynn, Catherine OConnor for Defendants Kinder Morgan. John Sherk III, Tammy Webb, David Dwerlkotte for Defendant Union Pacific Railroad. (Court Reporter Patricia Lyons.) Hearing held 1:00 PM to 4:12 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
250
02/13/2017
TRANSCRIPT REQUEST by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 02/10/2017, Judge David G Campbell hearing judge(s).
251
02/13/2017
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 02/10/2017, Judge David G Campbell hearing judge(s).
252
02/14/2017
TRANSCRIPT REQUEST by Lazy Coyote RV Village LLC, James Paul Mooney for proceedings held on 02/10/2017, Judge David G Campbell hearing judge(s).
253
02/14/2017
ORDER. One of the parties has asked the Court's staff how to get copies of Powerpoint slides used during oral argument into the record. A party wishing to do so may file a notice in the docket with the Powerpoint slides attached. Obviously, the slides should be the same as those used during oral argument last Friday. Signed by Judge David G Campbell on 2-14-17. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
254
02/15/2017
NOTICE re: Filing of February 10, 2017 Hearing Presentation Slides by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP re: 253 Order.
1
Exhibit A to Kinder Morgan's Notice of Filing of February 10, 2017 Hearing Presentation Slides
2
Certificate of Service to Kinder Morgan's Notice of Filing of February 10, 2017 Hearing Presentation Slides
2 Attachments
255
02/16/2017
NOTICE re: of Filing of PowerPoint Presentation Used at Class Certification Hearing by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A
2
Exhibit A-1
2 Attachments
256
02/16/2017
MOTION to Seal Document PowerPoint Presentation Used at Class Certification Hearing by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Text of Proposed Order
1 Attachment
257
02/16/2017
SEALED LODGED Proposed PowerPoint Presentation Used at Class Certification Hearing. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A-1
1 Attachment
258
02/16/2017
NOTICE re: Filing of PowerPoint Presentation Used at Class Certification Hearing by Union Pacific Railroad Company re: 253 Order.
1
Exhibit A - Union Pacific's PowerPoint Slide Presentation
1 Attachment
259
02/17/2017
Joint MOTION to Stay and Joint Report for February 24, 2017 Case Management Conference by Lazy Coyote RV Village LLC, James Paul Mooney.
260
02/21/2017
ORDER denying 259 Motion to Stay; denying 208 Motion to Certify Class. Status conference set for 2/24/2017 is VACATED and reset to 3/22/2017 at 3:00 PM Plaintiffs to file 12-page memorandum addressing issues in this order by 3/3/2017; defendants to file 12-page respond by 3/10/2017. Counsel for Plaintiff shall initiate a telephone dial-in call for the status conference reset to 3/22/2017 at 3:00 PM and provide the Court with the dial-in information no later than 3/21/2017. Signed by Judge David G Campbell on 2/21/2017.
261
02/15/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 02/10/2017, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/16/2017.
262
02/27/2017
ORDER granting Plaintiff's 256 Motion to Seal as set forth in this Order. Plaintiffs may file slides 28, 46-51, 73, and 75 under seal, but shall file the rest of their slides in the public record. Signed by Judge David G Campbell on 02/24/2017.
263
02/27/2017
Sealed Exhibits: Slides 28, 46-51, 73, and 75 by Lazy Coyote RV Village LLC, James Paul Mooney.
1
https://ecf.azd.uscourts.gov/doc1/025117060691" onClick="goDLS{{'/doc1/025117060691','929650','1139','','2','1','',''}};">1</a> Exhibit A-1)
1 Attachment
264
03/02/2017
MOTION to Vacate 260 Order on Motion to Stay, Order on Motion to Certify Class by Lazy Coyote RV Village LLC, James Paul Mooney.
1
Text of Proposed Order
1 Attachment
265
03/02/2017
RESPONSE in Opposition re: 264 MOTION to Vacate 260 Order on Motion to Stay, Order on Motion to Certify Class filed by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Cert of Service
1 Attachment
266
03/03/2017
RESPONSE in Opposition re: 264 MOTION to Vacate 260 Order on Motion to Stay, Order on Motion to Certify Class filed by Union Pacific Railroad Company.
267
03/03/2017
REPLY to Response to Motion re: 264 MOTION to Vacate 260 Order on Motion to Stay, Order on Motion to Certify Class filed by Lazy Coyote RV Village LLC, James Paul Mooney.
268
03/03/2017
ORDER granting 264 Motion to Vacate. To avoid an unnecessary duplication of papers and effort before the Court of Appeals, the portion of the Court's order of February 21, 2017 (Doc. 260) denying class certification is withdrawn. The denial will be reinstated after the Court rules on the possible Rule 23(c)(4) class, thereby prompting one course of appeal from the Court's class certification decisions rather than two. The Clerk's office should not alter the order entered at Doc. 260 as it will remain the Court's reasoning for denying certification under Rule 23(b)(2) and (3). Signed by Judge David G Campbell on 3-3-2017. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
269
03/03/2017
MEMORANDUM Addressing Issue Certification Under Rule 23(c)(4) 260 Order on Motion to Stay, Order on Motion to Certify Class by Plaintiffs Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A
1 Attachment
270
03/10/2017
*RESPONSE re: the Court's February 21, 2017 Order 260 Order on Motion to Stay, Order on Motion to Certify Class by Defendant Union Pacific Railroad Company.
1
Exhibit 1
2
https://ecf.azd.uscourts.gov/doc1/025117117210" onClick="goDLS{{'/doc1/025117117210','929650','1162','','2','1','',''}};">2</a> Exhibit 2) *Modified to correct event type on 3/13/2017
2 Attachments
271
03/10/2017
RESPONSE re: 269 Memorandum Addressing Issue Certification Under Rule 23(c)(4) by Defendants Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP.
1
Certificate of Service
1 Attachment
272
03/17/2017
REPLY re: 260 Order on Motion to Stay, Order on Motion to Certify Class Plaintiffs' Reply Memorandum Addressing Issue Certification Under Rule 23(c)(4) by Plaintiffs Lazy Coyote RV Village LLC, James Paul Mooney.
1
Exhibit A
2
Exhibit B
2 Attachments
273
03/22/2017
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephonic Conference held on 3/22/2017. Certification under Rule 23(c)(4) argued. Matter taken under advisement. Order to issue Telephonic APPEARANCES: Norman Siegel, Barrett Vahle, Ethan Lange, Thomas Stewart for Plaintiffs. John Sherk III, Tammy Webb, Andrew Carpenter for Defendant Union Pacific Railroad. Steven Strauss and Summer Wynn for Defendant Kinder Morgan. (Court Reporter Patricia Lyons.) Hearing held 3:01 PM to 4:14 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
274
03/23/2017
TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on 03/22/2017, Judge David G Campbell hearing judge(s).
275
03/23/2017
TRANSCRIPT REQUEST by Kinder Morgan GP Incorporated, Kinder Morgan Operating LP D, SFPP LP for proceedings held on 3/22/17, Judge David G Campbell hearing judge(s).
276
03/24/2017
TRANSCRIPT REQUEST by Lazy Coyote RV Village LLC, James Paul Mooney for proceedings held on 03/22/2017, Judge David G Campbell hearing judge(s).
277
03/24/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC CONFERENCE proceedings held on 03/22/2017, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/14/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/22/2017.
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