Delaware District Court
Judge:Leonard P Stark
Case #: 1:19-cv-00635
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Other Contract
Case Filed:Apr 04, 2019
Terminated:Mar 09, 2021
Last checked: Tuesday Oct 01, 2019 4:35 AM EDT
Counter Claimant
CM Energy Properties, LP
Represented By
Elizabeth Ann Powers
Bayard, P.A.
contact info
Counter Defendant
Dynamic Energy, Inc.
Represented By
Jennifer Penberthy Buckley
Potter Anderson & Corroon, LLP
contact info
John Anderson Sensing
Potter Anderson & Corroon, LLP
contact info
Tracey E. Timlin
Potter Anderson & Corroon, LLP
contact info
Defendant
CM Energy Properties, LP
Represented By
Anna G. Rotman
contact info
Sarah E. Williams
contact info
Brett M. McCartney
Bayard, P.A.
contact info
Elizabeth Ann Powers
Bayard, P.A.
contact info
Plaintiff
Dynamic Energy, Inc.
Represented By
Jennifer Penberthy Buckley
Potter Anderson & Corroon, LLP
contact info
John Anderson Sensing
Potter Anderson & Corroon, LLP
contact info
Tracey E. Timlin
Potter Anderson & Corroon, LLP
contact info
TERMINATED PARTIES
Defendant
CM Energy Holdings, LP
Terminated: 06/13/2019
Represented By
Elizabeth Ann Powers
Bayard, P.A.
contact info


Docket last updated: 04/24/2024 11:59 PM EDT
Tuesday, March 09, 2021
utility Terminate Case - Civil Tue 03/09 4:33 PM
CASE CLOSED (ntl)
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Monday, March 08, 2021
29 29 misc Stipulation of Dismissal Mon 03/08 4:27 PM
STIPULATION of Dismissal with Prejudice by CM Energy Holdings, LP, CM Energy Properties, LP. (McCartney, Brett)
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Monday, February 08, 2021
28 28 motion Stay Mon 02/08 2:12 PM
Joint MOTION to Stay Joint Motion for a Temporary Stay - filed by CM Energy Holdings, LP, CM Energy Properties, LP.(McCartney, Brett)
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Att: 1 Text of Proposed Order
Friday, January 29, 2021
27 27 misc Stipulation-General (See Motion List for Stipulation to Extend Time) Fri 01/29 12:10 PM
STIPULATION Second Stipulation and [Proposed] Order Extending Time to Substantially Complete the Production Discovery Deadlines re (24 in 1:19-cv-00635-LPS) Stipulation, (26 in 1:19-cv-00635-LPS, 51 in 1:19-cv-00265-LPS) Stipulation by CM Energy Holdings, LP, CM Energy Properties, LP. (McCartney, Brett)
Related: [-]
Friday, January 15, 2021
26 26 misc Stipulation-General (See Motion List for Stipulation to Extend Time) Fri 01/15 5:44 PM
STIPULATION and [Proposed] Order Extending Time to Substantially Complete the Production Discovery Deadlines by CM Energy Holdings, LP, CM Energy Properties, LP. (McCartney, Brett)
Related: [-]
Friday, January 08, 2021
25 25 discov Notice of Service Fri 01/08 3:08 PM
NOTICE OF SERVICE of CM Energy Properties, LP and CM Energy Holdings, LPs First Supplemental Responses and Objections to Dynamic Energy, Inc.s First Set of Requests for Production and CM Energy Holdings, LP and CM Energy Properties, LPs First Supplemental Initial Disclosures Pursuant to Rule 26(A)(1) and Paragraph 3 of the District of Delaware Default Standard for Discovery filed by CM Energy Holdings, LP, CM Energy Properties, LP.(McCartney, Brett)
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Wednesday, December 23, 2020
order SO ORDERED Wed 12/23 12:13 PM
SO ORDERED, re (24 in 1:19-cv-00635-LPS, 49 in 1:19-cv-00265-LPS) STIPULATION and [Proposed] Order Extending Time to Substantially Complete the Production of Documents and to Complete Discovery filed by CM Energy Holdings, LP, CM Energy Properties, LP. Signed by Judge Leonard P. Stark on 12/23/20. Associated Cases: 1:19-cv-00265-LPS, 1:19-cv-00635-LPS (ntl)
Related: [-]
Friday, December 18, 2020
24 24 misc Stipulation-General (See Motion List for Stipulation to Extend Time) Fri 12/18 2:14 PM
STIPULATION and [Proposed] Order Extending Time to Substantially Complete the Production of Documents and to Complete Discovery by CM Energy Holdings, LP, CM Energy Properties, LP. (McCartney, Brett)
Related: [-]
Wednesday, November 25, 2020
order SO ORDERED Wed 11/25 3:20 PM
SO ORDERED, re (46 in 1:19-cv-00265-LPS, 23 in 1:19-cv-00635-LPS) STIPULATION TO EXTEND TIME to Substantially Complete the Production of Documents to December 31, 2020 filed by CM Energy Holdings, LP, CM Energy Properties, LP. Signed by Judge Leonard P. Stark on 11/25/20. Associated Cases: 1:19-cv-00265-LPS, 1:19-cv-00635-LPS (ntl)
Related: [-]
Monday, November 23, 2020
23 23 motion Stipulation to EXTEND Time Mon 11/23 12:21 PM
STIPULATION TO EXTEND TIME to Substantially Complete the Production of Documents to December 31, 2020 - filed by CM Energy Holdings, LP, CM Energy Properties, LP. (McCartney, Brett)
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Thursday, October 29, 2020
22 22 discov Notice of Service Thu 10/29 2:57 PM
NOTICE OF SERVICE of (1) CM Energy Properties, LP and CM Energy Holdings, LPs Responses and Objections to Dynamic Energy, Inc.s Second Set of Requests for Production, (2) CM Energy Properties, LP and CM Energy Holdings, LPs Answers and Objections to Dynamic Energy, Inc.s Second Set of Interrogatories filed by CM Energy Holdings, LP, CM Energy Properties, LP.(McCartney, Brett)
Related: [-]
Thursday, October 22, 2020
21 21 discov Notice of Service Thu 10/22 6:00 PM
NOTICE OF SERVICE of CM Energy Properties, LP and CM Energy Holdings, LP's First Supplemental Answers and Objections to Dynamic Energy, Inc.'s First Set of Interrogatories filed by CM Energy Holdings, LP, CM Energy Properties, LP.(McCartney, Brett)
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Tuesday, October 13, 2020
20 20 motion Appear Pro Hac Vice Tue 10/13 9:58 AM
MOTION for Pro Hac Vice Appearance of Attorney Alexandra Caritis - filed by CM Energy Holdings, LP, CM Energy Properties, LP.(Powers, Elizabeth)
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Att: 1 Certificate of Compliance
order SO ORDERED Tue 10/13 9:25 AM
SO ORDERED, re (41 in 1:19-cv-00265-LPS, 19 in 1:19-cv-00635-LPS) MOTION for Pro Hac Vice Appearance of Attorney Jamie Aycock filed by CM Energy Holdings, LP, CM Energy Properties, LP. Signed by Judge Leonard P. Stark on 10/13/20. Associated Cases: 1:19-cv-00265-LPS, 1:19-cv-00635-LPS (ntl)
Related: [-]
order SO ORDERED Tue 10/13 1:38 PM
SO ORDERED, re (20 in 1:19-cv-00635-LPS, 42 in 1:19-cv-00265-LPS) MOTION for Pro Hac Vice Appearance of Attorney Alexandra Caritis filed by CM Energy Holdings, LP, CM Energy Properties, LP. Signed by Judge Leonard P. Stark on 10/13/20. Associated Cases: 1:19-cv-00265-LPS, 1:19-cv-00635-LPS(ntl)
Related: [-]
Friday, October 09, 2020
19 19 motion Appear Pro Hac Vice Fri 10/09 4:26 PM
MOTION for Pro Hac Vice Appearance of Attorney Jamie Aycock - filed by CM Energy Holdings, LP, CM Energy Properties, LP.(Powers, Elizabeth)
Related: [-]
Att: 1 Certificate of Compliance
18 18 notice Notice re Attorney Appearance - Requesting Removal of Co-Counsel Fri 10/09 3:13 PM
NOTICE requesting Clerk to remove Sarah E. Williams as co-counsel. Reason for request: No longer with firm. (Powers, Elizabeth)
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Thursday, September 24, 2020
order SO ORDERED Thu 09/24 9:47 AM
SO ORDERED, re (34 in 1:19-cv-00265-LPS, 17 in 1:19-cv-00635-LPS) MOTION for Pro Hac Vice Appearance of Attorney Wade W. Massie filed by CM Energy Holdings, LP, CM Energy Properties, LP. Signed by Judge Leonard P. Stark on 9/24/20. Associated Cases: 1:19-cv-00265-LPS, 1:19-cv-00635-LPS (ntl)
Related: [-]
utility Add Attorneys - PHV only Thu 09/24 11:01 AM
Pro Hac Vice Attorney Wade W. Massie for CM Energy Properties, LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:19-cv-00265-LPS, 1:19-cv-00635-LPS (myr)
Related: [-]
utility Add Attorneys - PHV only Thu 09/24 11:01 AM
Pro Hac Vice Attorney Wade W. Massie for CM Energy Holdings, LP and CM Energy Properties, LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:19-cv-00265-LPS, 1:19-cv-00635-LPS(kmd)
Related: [-]
Wednesday, September 23, 2020
17 17 motion Appear Pro Hac Vice Wed 09/23 3:46 PM
MOTION for Pro Hac Vice Appearance of Attorney Wade W. Massie - filed by CM Energy Holdings, LP, CM Energy Properties, LP.(Powers, Elizabeth)
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Att: 1 Certification by Counsel To Be Admitted Pro Hac Vice
Friday, June 05, 2020
utility - CORRECTING ENTRY Fri 06/05 12:19 PM
CORRECTING ENTRY: Stipulation filed at D.I. 17 was removed from the docket (see lead case no. 19-265-LPS for all docket entries). (ntl)
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Wednesday, June 03, 2020
17 17 misc Stipulation-General (See Motion List for Stipulation to Extend Time) Wed 06/03 5:18 PM
STIPULATION Stipulated Protective Order Governing Confidentiality by CM Energy Holdings, LP, CM Energy Properties, LP. (McCartney, Brett)
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Tuesday, March 17, 2020
16 16 utility Remark Tue 03/17 4:06 PM
REMARK: ALL FUTURE FILINGS SHALL BE MADE IN LEAD CASE NO. 19-265-LPS ONLY. Associated Cases: 1:19-cv-00265-LPS, 1:19-cv-00635-LPS (ntl)
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15 15 order Order Tue 03/17 3:59 PM
ORAL ORDER: Having reviewed the parties' briefs (C.A. No. 19-265 D.I. 13, 14, 15; C.A. No. 19-635 D.I. 7, 10, 12), IT IS HEREBY ORDERED that Defendants' Motion to Consolidate (C.A. No. 19-265 D.I. 13; C.A. No. 19-635 D.I. 7) is GRANTED and the two actions are CONSOLIDATED at least for purposes of discovery and pretrial proceedings. This is the most reasonable and appropriate exercise of the Court's discretion given the pertinent factors, including the overlap between the two actions in terms of counsel, facts, causes of action, and witnesses, supporting a conclusion that consolidation will "facilitate the administration of justice." Eastman Chem. Co. v. AlphaPet Inc., 2011 WL 7121180, at *2 (D. Del. Dec. 29, 2011). Plaintiff has failed to demonstrate that consolidating these actions would "generate undue inconvenience, delay, expense or the risk of inconsistent results." Leonard v. Stemtech Intl, Inc., 2012 WL 3655512, at *12 (D. Del. Aug. 24, 2012), report and recommendation adopted, 2012 WL 4591453 (D. Del. Sept. 28, 2012). IT IS FURTHER ORDERED that the parties shall meet and confer and, no later than March 31, 2020, submit a joint proposed scheduling order to schedule this matter through and including a hearing on case-dispositive and Daubert motions. ORDERED by Judge Leonard P. Stark on 3/17/20. Associated Cases: 1:19-cv-00265-LPS, 1:19-cv-00635-LPS (ntl)
Related: [-]
utility Create Case Association - dkt in member case for Consol or MDL Tue 03/17 4:07 PM
Case associated with lead case: Create association to 1:19-cv-00265-LPS. (ntl)
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Friday, November 15, 2019
14 14 notice Notice of Change of Address Fri 11/15 4:33 PM
NOTICE of Change of Address by John Anderson Sensing (Sensing, John)
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Friday, August 30, 2019
13 13 notice Notice of Appearance Fri 08/30 3:14 PM
NOTICE of Appearance by Tracey E. Timlin on behalf of Dynamic Energy, Inc. (Timlin, Tracey)
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Monday, August 05, 2019
12 12 respm Reply to Response to Motion Mon 08/05 4:01 PM
REPLY to Response to Motion re7 MOTION to Consolidate Cases Defendants' Motion to Consolidate For Purposes of Discovery and Pre-Trial Matters Defendants' Reply in Support of Their Motion to Consolidate for Purposes of Discovery and Pre-trial Matters filed by CM Energy Holdings, LP, CM Energy Properties, LP. (Powers, Elizabeth)
Related: [-]
Friday, August 02, 2019
11 11 answer Answer to Counterclaim Fri 08/02 3:35 PM
ANSWER to6 Answer to Amended Complaint, Counterclaim - Answer and Defenses of Dynamic Energy, Inc., to CM Energy Properties, LP's Counterclaims by Dynamic Energy, Inc..(Sensing, John)
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Monday, July 29, 2019
10 10 respm Response to Motion Mon 07/29 5:06 PM
RESPONSE to Motion re7 MOTION to Consolidate Cases Defendants' Motion to Consolidate For Purposes of Discovery and Pre-Trial Matters filed by Dynamic Energy, Inc.. (Sensing, John)
Related: [-]
Friday, July 19, 2019
9 9 motion Appear Pro Hac Vice Fri 07/19 2:36 PM
MOTION for Pro Hac Vice Appearance of Attorney Richard A. Getty, Danielle Harlan, and Marcel Radomile of The Getty Law Group PLLC - filed by Dynamic Energy, Inc.. (Buckley, Jennifer)
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order SO ORDERED Fri 07/19 8:50 AM
SO ORDERED, re8 MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Williams and Anna G. Rotman filed by CM Energy Holdings, LP, CM Energy Properties, LP. Signed by Judge Leonard P. Stark on 7/19/19. (ntl)
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order SO ORDERED Fri 07/19 2:51 PM
SO ORDERED, re9 MOTION for Pro Hac Vice Appearance of Attorney Richard A. Getty, Danielle Harlan, and Marcel Radomile of The Getty Law Group PLLC filed by Dynamic Energy, Inc. Signed by Judge Leonard P. Stark on 7/19/19. (ntl)
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utility Add Attorneys - PHV only Fri 07/19 4:40 PM
Pro Hac Vice Attorney Sarah E. Williams,Anna G. Rotman for CM Energy Properties, LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak)
Related: [-]
Tuesday, July 16, 2019
8 8 motion Appear Pro Hac Vice Tue 07/16 2:59 PM
MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Williams and Anna G. Rotman - filed by CM Energy Holdings, LP, CM Energy Properties, LP.(Powers, Elizabeth)
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Att: 1 Certification by Counsel To Be Admitted Pro Hac Vice,
Att: 2 Certification by Counsel To Be Admitted Pro Hac Vice
Monday, July 15, 2019
7 7 motion Consolidate Cases Mon 07/15 5:29 PM
MOTION to Consolidate Cases Defendants' Motion to Consolidate For Purposes of Discovery and Pre-Trial Matters - filed by CM Energy Holdings, LP, CM Energy Properties, LP.(Powers, Elizabeth)
Related: [-]
Att: 1 Text of Proposed Order,
Att: 2 Rule 7.1.1 Certification,
Att: 3 Exhibit A
Friday, July 12, 2019
6 6 answer Answer to Amended Complaint Counterclaim Fri 07/12 5:56 PM
ANSWER to Amended Complaint, re:4 Amended Complaint , COUNTERCLAIM against Dynamic Energy, Inc. by CM Energy Properties, LP.(Powers, Elizabeth)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Monday, June 24, 2019
order SO ORDERED Mon 06/24 12:09 PM
SO ORDERED, re5 STIPULATION and Proposed Order to Extend Time and Waive Service filed by Dynamic Energy, Inc. Signed by Judge Leonard P. Stark on 6/24/19. (ntl)
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Friday, June 21, 2019
5 5 misc Stipulation-General (See Motion List for Stipulation to Extend Time) Fri 06/21 9:42 AM
STIPULATION and Proposed Order to Extend Time and Waive Service re4 Amended Complaint by Dynamic Energy, Inc.. (Sensing, John)
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Thursday, June 13, 2019
4 4 cmp Complaint - Amended Thu 06/13 5:48 PM
First AMENDED COMPLAINT FOR DECLARATORY AND OTHER RELIEF against CM Energy Properties, LP- filed by Dynamic Energy, Inc..(Sensing, John)
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Att: 1 Exhibit 1,
Att: 2 Exhibit A through H
Wednesday, April 10, 2019
utility Case Assigned/Reassigned Wed 04/10 11:59 AM
Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
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Friday, April 05, 2019
service No Summons Issued Fri 04/05 9:14 AM
No Summons Issued. (sar)
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Thursday, April 04, 2019
3 3 misc Disclosure Statement - Rule 7.1 Fri 04/05 9:12 AM
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Bluestone Resources, Inc., Corporate Parent Bluestone Mineral, Inc. for Dynamic Energy, Inc. filed by Dynamic Energy, Inc.. (sar)
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2 2 misc Magistrate Consent Forms Fri 04/05 9:10 AM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar)
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1 1 cmp Complaint Fri 04/05 9:09 AM
COMPLAINT filed with Jury Demand against CM Energy Holdings, LP - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2611713.) - filed by Dynamic Energy, Inc..(sar)
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Att: 1 Exhibit A-H,
Att: 2 Civil Cover Sheet