Spooner Petroleum Company, Inc. v. Utsey et al
| Alabama Southern District Court | |
| Judge: | Kristi K Dubose |
| Referred: | William E Cassady |
| Case #: | 1:15-cv-00237 |
| Nature of Suit | 290 Real Property - All Other Real Property |
| Cause | 28:1332 Diversity-Torts to Land |
| Case Filed: | May 06, 2015 |
| Terminated: | Jun 22, 2015 |
| Last checked: Monday Nov 02, 2015 7:14 AM CST |
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Defendant
John Jefferson Utsey Investments, LLC
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Represented By
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Defendant
John J Utsey
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Represented By
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Defendant
Julie W Utsey
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Represented By
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Defendant
Treobye B Utsey
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Represented By
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Plaintiff
Spooner Petroleum Company
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Represented By
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Plaintiff
Spooner Petroleum Company, Inc.
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Represented By
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| Docket last updated: 11 hours ago |
| Monday, June 29, 2015 | ||
| 38 | 38
order
Order on Motion for Miscellaneous Relief
Mon 06/29 10:23 AM
ENDORSED ORDER granting37 Motion to Seal Document. Doc. 34-1 has been sealed. Signed by Judge Kristi K. DuBose on 6/29/2015. (eps) |
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| Friday, June 26, 2015 | ||
| 37 | 37
motion
Miscellaneous Relief
Fri 06/26 12:57 PM
Joint MOTION to Seal Inadvertently filed Confidential Document or in the Alternative to Order that the Document be Redacted or Prohibited from Public Access (Ford, Benjamin) Modified on 6/26/2015 (mcb) |
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utility
Motions Referred
Fri 06/26 2:20 PM
MOTIONS REFERRED:37 Joint MOTION to Seal Inadvertently filed Confidential Document or in the Alternative to Order that the Document be Redacted or Prohibited from Public Access to Judge Kristi K. DuBose (mcb) |
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| Monday, June 22, 2015 | ||
| 36 | 36
order
Order
Mon 06/22 2:18 PM
AGREED FINAL ORDER with attachments. Signed by Judge Kristi K. DuBose on 6/22/2015. (mcb) |
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| 35 | 35
order
Order on Motion to Dismiss
Mon 06/22 2:10 PM
ENDORSED ORDER granting34 Joint Motion to Enter Consent Order and Dismiss Case. Signed by Judge Kristi K. DuBose on 6/22/2015. (khc) |
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| 34 | 34
motion
Dismiss Miscellaneous Relief
Mon 06/22 12:22 PM
Joint Motion to Enter Consent Order and Dismiss Case by John Jefferson Utsey Investments, LLC, John J Utsey, Julie W Utsey, Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Margaret Julianna Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o James William Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Juliette Eloise Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Britton Elizabeth Utsey). (Wirtes, David) Modified on 6/22/2015 (mcb) |
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Att: 1
Exhibit
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| Friday, June 12, 2015 | ||
| 33 | 33
order
Order Setting Motion Deadline/Hearing
Fri 06/12 2:16 PM
Order Setting Motion Hearing re:4 MOTION for Preliminary Injunction filed by Spooner Petroleum Company, Inc. Motion Hearing set for 6/22/2015 02:00 PM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose.. Signed by Judge Kristi K. DuBose on 6/12/2015. (cmj) |
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| 32 | 32
utility
Case Assigned/Reassigned
Fri 06/12 10:48 AM
Case Reassigned to Judge Kristi K. DuBose and Magistrate Judge William E. Cassady. Chief Judge William H. Steele and Magistrate Judge Sonja F. Bivins no longer assigned to the case. (Case related to 15-0236 KD-C) (tgw) |
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| Thursday, June 11, 2015 | ||
| 31 | 31
answer
Answer due deadline Order ~Util - Set Motion Deadlines/Hearings ~Util - Terminate Motions
Fri 06/12 8:11 AM
Order denying23 MOTION to Dismiss for Lack of Jurisdiction. Defendants' Response to the4 Motion for Preliminary Injunction is due by 6/18/2015. Defendants' answer to the Complaint is due by 6/25/15. Signed by Chief Judge William H. Steele on 6/11/2015. (tgw) |
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| Friday, June 05, 2015 | ||
| 30 | 30
respm
Reply to Response to Motion
Fri 06/05 12:58 PM
REPLY to Response to Motion23 to Dismiss filed by John Jefferson Utsey Investments, LLC, John J Utsey, Julie W Utsey, Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Margaret Julianna Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o James William Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Juliette Eloise Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Britton Elizabeth Utsey). (Wirtes, David) |
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Document Referred
Fri 06/05 2:23 PM
REFERRAL OF30 Reply to Response to Motion,, to Judge Steele. (tgw) |
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| Tuesday, June 02, 2015 | ||
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utility
Document Referred
Tue 06/02 8:32 AM
REFERRAL OF29 Brief,28 Response in Opposition to Motion, to Judge Steele. (tgw) |
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| Monday, June 01, 2015 | ||
| 29 | 29
respm
Brief
Mon 06/01 3:14 PM
Brief filed by Spooner Petroleum Company, Inc. re28 Response in Opposition to Motion, filed by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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| 28 | 28
respm
Response in Opposition to Motion
Mon 06/01 3:10 PM
RESPONSE in Opposition re23 MOTION to Dismiss for Lack of Jurisdiction filed by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5
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| Tuesday, May 26, 2015 | ||
| 27 | 27
order
Preliminary Scheduling Order
Tue 05/26 1:41 PM
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 7/10/2015. Signed by Magistrate Judge Sonja F. Bivins on 5/26/2015. (tgw) |
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Att: 1
Consent Form
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| Friday, May 22, 2015 | ||
| 26 | 26
order
Order ~Util - Set Motion Deadlines/Hearings
Fri 05/22 3:10 PM
Order re:23 MOTION to Dismiss for Lack of Jurisdiction filed by Treobye B Utsey, Julie W Utsey, John J Utsey, John Jefferson Utsey Investments, LLC. The plaintiff is to file a response by 6/1/15. Defendants will be allowed until 6/5/15 to file a reply. The motion will be taken under submission after 6/5/15. As for the pending Motion for Preliminary Injunction, the previous briefing schedule is suspended at this time. Defendant's Motion to Suspend Deadline25 is granted. Signed by Chief Judge William H. Steele on 5/22/2015. (mbp) |
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| 25 | 25
motion
Miscellaneous Relief
Fri 05/22 10:55 AM
MOTION Motion to Suspend Deadline for Defendants to Respond to Motion for Preliminary Injunction Until Resolution of Defendants' Fed.R.Civ.P. 12(b)(1) Motion to Dismiss Contesting Subject Matter Jurisdiction re4 MOTION for Preliminary Injunction ,5 Brief by John Jefferson Utsey Investments, LLC, John J Utsey, Julie W Utsey, Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Margaret Julianna Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o James William Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Juliette Eloise Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Britton Elizabeth Utsey). (Wirtes, David) |
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| 24 | 24
respm
Brief
Fri 05/22 10:36 AM
Brief filed by John Jefferson Utsey Investments, LLC, John J Utsey, Julie W Utsey, Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Margaret Julianna Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o James William Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Juliette Eloise Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Britton Elizabeth Utsey) re23 MOTION to Dismiss for Lack of Jurisdiction . (Wirtes, David) |
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Att: 1
Exhibit A - Affidavit of John J. Utsey,
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Att: 2
Exhibit A-1,
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Att: 3
Exhibit A-2,
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Att: 4
Exhibit A-3,
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Att: 5
Exhibit A-4
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| 23 | 23
motion
Dismiss/Lack of Jurisdiction
Fri 05/22 10:28 AM
MOTION to Dismiss for Lack of Jurisdiction by John Jefferson Utsey Investments, LLC, John J Utsey, Julie W Utsey, Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Margaret Julianna Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o James William Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Juliette Eloise Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Britton Elizabeth Utsey). (Wirtes, David) |
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| 22 | 22
notice
Notice of Appearance
Fri 05/22 10:24 AM
NOTICE of Appearance by David G. Wirtes, Jr on behalf of John Jefferson Utsey Investments, LLC, John J Utsey, Julie W Utsey, Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Margaret Julianna Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o James William Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Juliette Eloise Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Britton Elizabeth Utsey) (Wirtes, David) |
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utility
Motions Referred
Fri 05/22 10:51 AM
MOTIONS REFERRED to Judge Steele:23 MOTION to Dismiss for Lack of Jurisdiction (mbp) |
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Document Referred
Fri 05/22 10:51 AM
REFERRAL OF24 Brief to Judge Steele. (mbp) |
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Motions Referred
Fri 05/22 1:14 PM
MOTIONS REFERRED to Judge Steele:25 MOTION Motion to Suspend Deadline for Defendants to Respond to Motion for Preliminary Injunction (mbp) |
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| Thursday, May 21, 2015 | ||
| 21 | 21
notice
Notice (Other)
Thu 05/21 12:43 PM
NOTICE by Spooner Petroleum Company, Inc. re9 Order, Set Deadlines,, Notice of Service of Order Regarding Preliminary Injunction Motion (Ford, Benjamin) |
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Att: 1
Affidavit James Fuqua,
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Att: 2
Affidavit Earl Kellam,
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Att: 3
Affidavit Benjamin Y. Ford
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| Wednesday, May 20, 2015 | ||
| 20 | 20
order
Order - Document NOTED
Wed 05/20 5:19 PM
Document endorsed NOTED by Magistrate Judge Sonja F. Bivins: Corporate Disclosure Statement18 filed by Spooner Petroleum Company, Inc. (Bivins, Sonja) |
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Document Referred
Wed 05/20 12:56 PM
REFERRAL OF18 Corporate Disclosure Statement to Judge Bivins. (sdb) |
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| Monday, May 18, 2015 | ||
| 19 | 19
order
Order - Document NOTED
Mon 05/18 1:19 PM
Document endorsed NOTED by Chief Judge William H. Steele: Corporate Disclosure Statement18 filed by Spooner Petroleum Company, Inc. (Steele, William) |
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| 18 | 18
misc
Corporate Disclosure Statement
Mon 05/18 12:57 PM
Corporate Disclosure Statement filed by Plaintiff Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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| Wednesday, May 13, 2015 | ||
| 17 | 17
service
Summons Returned Executed
Wed 05/13 5:55 PM
SUMMONS Returned Executed by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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| 16 | 16
service
Summons Returned Executed
Wed 05/13 5:51 PM
SUMMONS Returned Executed by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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| 15 | 15
service
Summons Returned Executed
Wed 05/13 5:46 PM
SUMMONS Returned Executed by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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| 14 | 14
service
Summons Returned Executed
Wed 05/13 5:41 PM
SUMMONS Returned Executed by Spooner Petroleum Company, Inc.. Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o James William Utsey) served on 5/11/2015, answer due 6/1/2015 (Ford, Benjamin) |
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| 13 | 13
service
Summons Returned Executed
Wed 05/13 5:36 PM
SUMMONS Returned Executed by Spooner Petroleum Company, Inc.. John Jefferson Utsey Investments, LLC served on 5/11/2015, answer due 6/1/2015 (Ford, Benjamin) |
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| 12 | 12
service
Summons Returned Executed
Wed 05/13 5:33 PM
SUMMONS Returned Executed by Spooner Petroleum Company, Inc.. Julie W Utsey served on 5/8/2015, answer due 5/29/2015 (Ford, Benjamin) |
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| 11 | 11
service
Summons Returned Executed
Wed 05/13 5:30 PM
SUMMONS Returned Executed by Spooner Petroleum Company, Inc.. John J Utsey served on 5/8/2015, answer due 5/29/2015 (Ford, Benjamin) |
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utility
Document Referred
Wed 05/13 9:05 AM
REFERRAL OF10 Notice of Filing Exhibits, to Judge Steele. (tgw) |
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| Tuesday, May 12, 2015 | ||
| 10 | 10
notice
Notice of Filing Exhibits
Tue 05/12 4:48 PM
NOTICE of Filing Exhibits (Supplement) by Spooner Petroleum Company, Inc. re:4 MOTION for Preliminary Injunction filed by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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Att: 1
Affidavit Supplemental Affidavit of Bob McElroy
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| Friday, May 08, 2015 | ||
| 9 | 9
order
Order ~Util - Set Deadlines
Fri 05/08 11:27 AM
Order re:4 MOTION for Preliminary Injunction filed by Spooner Petroleum Company, Inc. Spooner is ordered to promptly serve copies of this Order to each defendant. The deadline for defendants to respond to the motion is fixed for 2 weeks after the date of service of process. Spooner's reply is due 1 week after defendants' response. Signed by Chief Judge William H. Steele on 5/8/2015. Copy mailed to Mr. Blair. (tgw) |
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| 8 | 8
order
Order on Motion to Appear Pro Hac Vice
Fri 05/08 8:51 AM
ENDORSED ORDER granting [Doc. 7] Motion to Appear Pro Hac Vice filed by William F. Blair. Signed by Magistrate Judge Sonja F. Bivins on 5/8/2015. (kpt) |
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utility
Motions Referred
Fri 05/08 7:58 AM
MOTIONS REFERRED:4 MOTION for Preliminary Injunction ,5 Brief in Support &6 Notice of Filing Exhibits to Judge Steele (tgw) |
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Motions Referred
Fri 05/08 7:59 AM
MOTIONS REFERRED:7 MOTION for William F. Blair to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1737292, Online Credit Card Payment.) - Referred to Judge Sonja F. Bivins. (tgw) |
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| Thursday, May 07, 2015 | ||
| 7 | 7
motion
Appear Pro Hac Vice
Thu 05/07 3:46 PM
MOTION for William F. Blair to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1737292, Online Credit Card Payment.) by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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Att: 1
Exhibit Certificate of Good Standing; Application
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| 6 | 6
notice
Notice of Filing Exhibits
Thu 05/07 2:47 PM
NOTICE of Filing Exhibits by Spooner Petroleum Company, Inc. re:4 MOTION for Preliminary Injunction ,5 Brief filed by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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Att: 1
Affidavit Bob McElroy,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B (1 of 3),
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Att: 4
Exhibit B (2 of 3),
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Att: 5
Exhibit B (3 of 3)
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| 5 | 5
respm
Brief
Thu 05/07 2:36 PM
Brief filed by Spooner Petroleum Company, Inc. re4 MOTION for Preliminary Injunction filed by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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| 4 | 4
motion
Preliminary Injunction
Thu 05/07 2:32 PM
MOTION for Preliminary Injunction by Spooner Petroleum Company, Inc.. (Ford, Benjamin) |
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| 3 | 3
order
Service Order
Thu 05/07 11:46 AM
Service Order entered 5/7/2015. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 6/22/2015. Signed by Chief Judge William H. Steele on 5/7/2015. (tgw) |
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| 2 | 2
service
Summons Issued
Thu 05/07 11:42 AM
Summons Issued as to John J Utsey, Julie W Utsey, John Jefferson Utsey Investments, LLC, Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Margaret Julianna Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o James William Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Juliette Eloise Utsey), Treobye B Utsey(as Trustee of the William L. Utsey Grandchildren's Trust f/b/o Britton Elizabeth Utsey). (NOTE TO COUNSEL: The Summons have been issued. Please print copies necessary for service.) (tgw) |
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| Wednesday, May 06, 2015 | ||
| 1 | 1
cmp
Complaint
Wed 05/06 6:08 PM
COMPLAINT for Injunctive and Other Relief against Spooner Petroleum Company ( Filing fee $400 receipt number 1128-1736731, Online Credit Card Payment), filed by Spooner Petroleum Company. (Ford, Benjamin) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B (1 of 3),
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Att: 3
Exhibit Exhibit B (2 of 3),
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Att: 4
Exhibit Exhibit B (3 of 3),
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Att: 5
Civil Cover Sheet Civil Cover Sheet,
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Att: 6
Summons - John J. Utsey,
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Att: 7
Summons - Julie W. Utsey,
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Att: 8
Summons - John Jefferson Utsey Investments, LLC,
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Att: 9
Summons - Treobye Utsey, As Trustee f/b/o Margaret J. Utsey,
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Att: 10
Summons - Treobye Utsey, As Trustee f/b/o Juliette E. Utsey,
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Att: 11
Summons - Treobye Utsey, As Trustee f/b/o James W. Utsey,
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Att: 12
Summons- Treobye Utsey, As Trustee f/b/o Britton E. Utsey
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