jamex marketing, llc’s response to debtors’ …

1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

In re: WHITING PETROLEUM CORPORATION, et al,,1

Debtors.

§ § § § § §

Chapter 11 Case No. 20-32021 (DRJ) (Jointly Administered)

JAMEX MARKETING, LLC’S RESPONSE TO DEBTORS’ PRELIMINARY OBJECTION TO EMERGENCY

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

1. Whiting filed a Preliminary Objection [Dkt. No. 201] to Jamex Marketing, LLC’s

Emergency Motion for Relief from the Automatic Stay [Dkt. No. 196], primarily filled with

unfounded attacks on Jamex and its principal and speculation about Jamex’s motives for filing

the motion. Jamex files this response for the purposes of (1) addressing Whiting’s

unsubstantiated and inaccurate speculation that Jamex filed its motion to increase settlement

leverage; and (2) correcting a misrepresentation Whiting made to the Court.

2. First, Jamex seeks expedited relief from the automatic stay in the interest of

judicial economy, not for the purpose of obtaining settlement leverage, as Whiting speculates. As

an initial matter, there is no settlement agreement between the parties, contrary to Whiting’s

suggestion that it is attempting to “finalize that settlement.” (Objection at 2.) The parties reached

a conditional settlement agreement in October 2019, but it was Whiting—not Jamex—that

terminated the settlement and elected to move forward with litigation in the State Court Action.

Jamex is, of course, interested in resolving its litigation with Whiting, but the terms that Whiting

1 The debtors in these chapter 11 cases, along with the last four digits of each debtor’s federal tax identification number, are: Whiting Canadian Holding Company Unlimited Liability Corporation (3662); Whiting Petroleum Corporation (8515); Whiting US Holding Company (2900); Whiting Oil and Gas Corporation (8829); and Whiting Resources Corporation (1218). The location of the debtors’ service address is: 1700 Lincoln Street, Suite 4700, Denver, Colorado 80203.

Case 20-32021 Document 213 Filed in TXSB on 04/27/20 of 4

2

contemplates—including relegating Jamex to an impaired class that will be paid in stock, while

virtually all other unsecured creditors will be paid cash in full for their claims—are not

acceptable to Jamex.

3. Jamex seeks to liquidate the claim to final judgment so that the parties and the

bankruptcy estate have an understanding of the value of Jamex’s claim.2 As explained in Jamex’s

motion—and not refuted in Whiting’s objection—the State Court Action is in the advanced

stages of litigation, with discovery complete, summary judgment motions ruled on, and only trial

remaining. Jamex seeks to conserve the resources of the parties and this Court by liquidating a

single claim in the State Court where litigation has proceeded for two years. Moving forward

with this liquidation process on an expedited basis would quickly give the parties and the

bankruptcy estate certainty regarding the value of Jamex’s claim.

4. Second, Whiting states in its objection that “Jamex fails to disclose in its Motion

that the judge in the State Court Action acknowledged that the ongoing litigation between Shell

and Jamex will likely be consolidated with the State Court Action.” (Objection at 5.) This

statement is false. Not only has Judge Hoffman never made a statement about consolidating the

cases, he could not possibly have done so, as he did not conduct any hearings in these cases

between the filing of the Shell case on February 12, 2020 and the filing of Whiting’s objection

on April 24, 2020. The last hearing in the State Court Action occurred on February 3, 2020, and

2 In its objection, Whiting criticizes Jamex for delaying its filing of the motion for stay relief while also accusing Jamex of bad faith in connection with settlement discussions. Contrary to Whiting’s portrayal in its objection, Jamex has continued to engage in settlement discussions with Whiting’s State Court trial counsel in an attempt to resolve the parties’ litigation without the need for stay relief. When it became clear that a resolution was not imminent, Jamex conferred with Whiting’s bankruptcy counsel about the requested relief and then immediately filed its motion for relief from the automatic stay after the conference. This course of conduct hardly reflects undue delay, particularly when Jamex filed its motion just three weeks after Whiting’s bankruptcy filing in the middle of a global pandemic.


3

the only hearing in the Shell case occurred today, April 27, 2020.3 In fact, during today’s hearing

in the Shell action, Judge Hoffman set the Shell case for trial in 2021, with the express

understanding that a ruling on the Motion to Lift the Automatic Stay and any subsequent

Whiting trial would have no bearing on when the Shell case was tried.

5. Thus, contrary to Whiting’s misrepresentation to the Court, the State Court Action

will not be consolidated with or delayed in any way by the Shell case. Jamex’s claim against

Whiting will be liquidated—whether in this Court or the State Court—separate and independent

from Jamex’s claim against Shell. For the reasons set forth in Jamex’s motion, it is in the interest

of judicial economy and the best interest of the parties for liquidation to occur in State Court and

as expeditiously as possible. Jamex therefore maintains its request for expedited consideration of

its Motion for Relief from the Automatic Stay [Dkt. No. 196].

3 True and correct copies of the dockets in the State Court Action and the Shell case are attached as Exhibits 1 and 2, respectively.


4

Respectfully submitted,

REESE MARKETOS LLP

By: /s/ Tyler J. Bexley Joel W. Reese State Bar No. 00788258 [email protected] Pete Marketos State Bar No. 24013101 Tyler J. Bexley State Bar No. 24073923 [email protected]

750 N. Saint Paul St., Suite 600 Dallas, Texas 75201-3201 214.382.9810 telephone 214.501.0731 facsimile

ATTORNEYS FOR JAMEX MARKETING, LLC

CERTIFICATE OF SERVICE

This is to certify that, on April 27, 2020, a true and correct copy of the above and this document has been served via the Court’s CM/ECF system to all parties authorized to receive electronic notice in this case.

/s/ Tyler J. Bexley Tyler J. Bexley


Case Information

DC-18-04574 | Jamex Marketing, LLC vs. Whiting Petroleum Corporationet al

Case NumberDC-18-04574

Court68th District Court

Judicial OfficerHOFFMAN, MARTIN

File Date04/06/2018

Case TypeOTHER CONTRACT

Case StatusINACTIVE

Events and Hearings

04/06/2018 NEW CASE FILED (OCA) - CIVIL

04/06/2018 ORIGINAL PETITION Ú

PETITION

04/06/2018 CASE FILING COVER SHEET Ú

COVER SHEET

04/06/2018 ISSUE CITATION

04/09/2018 CITATION ISSUED Ú

DC-18-04574 (1).pdf

DC-18-04574 (2).pdf

04/09/2018 CITATIONÚ

Served04/12/2018

Anticipated ServerESERVE

Anticipated MethodActual ServerPRIVATE PROCESS SERVER

Returned04/13/2018Served04/12/2018


Case 20-32021 Document 213-1 Filed in TXSB on 04/27/20 Page 1 of 37


Returned04/13/2018CommentESERVE/JH

04/13/2018 RETURN OF SERVICE Ú

EXECUTED CITATION: WHITING PETROLEUM CORP.

CommentEXECUTED CITATION: WHITING PETROLEUM CORP.


EXECUTED CITATION: WHITING OIL AND GAS

CommentEXECUTED CITATION: WHITING OIL AND GAS

05/07/2018 ORIGINAL ANSWER - GENERAL DENIAL Ú

Whiting's Answer.pdf

05/10/2018 MOTION - DISMISS Ú

Whiting's Motion to Dismiss Under the Texas.pdf

CommentUnder the Texas Citizens Participation Act

05/30/2018 ORDER - REMAND (POST JUDG MOTION) (OCA and REOPEN CASE) Ú

ORDER - REMAND (POST JUDG MOTION) (OCA and REOPEN

05/30/2018 COA - CORRESPONDENCE LETTER Ú

COA - CORRESPONDENCE LETTER

05/30/2018 MISCELLANOUS EVENT Ú

MISCELLANOUS EVENT

CommentCIVIL DOCKET SHEET

05/31/2018 VACATION LETTER

05/31/2018 MOTION - MISCELLANOUS Ú

2018_05_31 MLimited Discovery.pdf

Commentfor Expedited Limited Discovery Under Section 27.006(B) of the Texas Citizen Participation Act


05/31/2018 NOTICE OF HEARING / FIAT Ú

2018_05_31 NOH 6 11 2018.pdf

CommentMOTION FOR EXPEDITED LIMITED DISCOVERY


Whiting Notice of Hearing.pdf

CommentON DEFENDANT'S MOTION TO DISMISS


Whiting's Amended Notice of Hearing.pdf

CommentAMENDED ON DEFENDANTS' MOTION TO DISMISS


2018_05_31 Supp MDiscovery.pdf

CommentPlaintiff's Supplement to its Motion for Expedited Limited Discovery

06/01/2018 CORRESPONDENCE - LETTER TO FILE Ú

Whiting's Ltr re Scheduling Issue.pdf

CommentTO JUDGE RE: SCHEDULING CONFLICTS


Whiting's Notice of Postponement of Hearing.pdf

CommentNotice of Postponement of Hearing


2018_06_01 ltr to court.pdf

CommentTO JUDGE RE: THE SCHEDULING OF THE HEARINGS OF THE MOTION TO DISMISS AND MOTION FOR LIMITEDDISCOVERY

06/04/2018 Motion - Dismiss Ú

Whiting's Motion to Dismiss Under the Texas.pdf


Hearing Time09:15 AM


Cancel ReasonREQUESTED BY ATTORNEY/PRO SE

Comment45 MINS - M/DISMISS FILED 5/10/18 - SETTING BY KRISTEN 713-655-5646


Whitng Letter re Hearing to Judge Hoffman.pdf

CommentLETTER TO JUDGE REGARDING JAMEX TO PAY DUE RESPECT TO IT'S BURDEN OF PROOF UNDER THE TCPA


Whiting's 2nd Amended Notice of Hearing.pdf

CommentMOTION TO DISMISS

06/06/2018 OBJECTION Ú

Whiting's Opposition to Motion to Lift Stay.pdf

CommentTO LIFT STAY OF DISCOVERY UNDER THE TEXAS CITIZENS PARTICIPATION ACT

06/07/2018 RESPONSE Ú

2018_06_07 Jamex Reply iso MLimited Discovery.pdf

Comment& SUPPLEMENT TO ITS MOTION FOR EXPEDITED LIMITED DISCOVERY UNDER SECTION 27.006(B) OF THE TEXASCITIZEN PARTICIPATION ACT


2018-06-08 Resp to Supp to Motion to Lift Stay.pdf

CommentWHITING; TO JAMEX'S SUPPLEMENT TO ITS MOTION TO LIFT STAY OF DISCOVERY UNDER THE TEXAS CITIZENSPARTICIPATION ACT

06/11/2018 MOTION HEARING Ú


Hearing Time03:50 PM

Cancel ReasonBY COURT ADMINISTRATOR

Comment*DO NOT RESET PER JUDGE* - 30 MINS - M/EXPEDITED DISCOVERY FILED 5/31/18 - SET BY ANN HALL - 214-382-9809




CommentJUDGE

06/12/2018 NON-SIGNED PROPOSED ORDER/JUDGMENT Ú

2018_06_12 Proposed Order.pdf

CommentEXPEDITED LIMITED DISCOVERY-PLTF

06/12/2018 AMENDED ANSWER - AMENDED GENERAL DENIAL Ú

Whiting's Amended Answer.pdf


Whiting's Motion for Discovery.pdf

CommentDISCOVERY

06/13/2018 NOTE - ADMINISTRATOR Ú

CommentFWD EXPEDITED LIMITED DISC TO JUDGE FOR REV


Whiting's Notice of Hearing.pdf

CommentDISCOVERY

06/13/2018 ORDER - MISC. Ú

ORDER - MISC.

CommentORDER ON MOTION FOR EXPEDITED LIMITED DISCOVERY UNDER SECTION OF THE TEXAS CITIZENSPARTICIPATION ACT


CommentFWD SIGNED ORDER ON MOTION FOR EXPDTD LIMITED DISCV TO CLERKS


Whiting's 3rd Amended Notice of Hearing.pdf

CommentThird Amended/ Whiting's Motion to Dismiss Under the Texas Citizens Participation Act



2018_06_26 Resp to Whiting MDiscovery .pdf

CommentTO DEFENDANT'S MOTION FOR DISCOVERY


Supp to MTD Under TCPA 6-27-18.pdf

CommentSUPPLEMENT TO WHITING'S MOTION TO DISMISS UNDER THE TEXAS CITIZENS PARTICIPATION ACT





CommentDISCOVERY DEFT***30 MIN SET BY KRISTEN 713-655-5646

06/29/2018 ORDER - DENY Ú

ORDER - DENY

CommentORDER ON WHITING'S MOTION FOR DISCOVERY

06/29/2018 DEPUTY REPORTER STATEMENT Ú

DEPUTY REPORTER STATEMENT




Cancel ReasonREQUESTED BY JUDGE

Comment*DO NOT RESET PER JUDGE* 1 HOUR - M/DISMISS FILED 5/10/18 - SET BY KRISTEN - 713-655-5646

07/09/2018 RULE 11 Ú

RULE 11


MISCELLENEOUS


CommentWHITING'S NOTICE OF WITHDRAWAL OF M/DISMISS



Hearing Time9:00 AM


Comment1 HR - M/DISMISS FILED 5/10/18 - SET BY KRISTEN - 713-655-5646

08/31/2018 Scheduling Conference Ú

68th COVER SHEET - hearing notice form





Comment***WAITING ON SCHEDULING ORDER*** MLD NTCS TO ALL PARTIES

08/31/2018 ORDER - MEDIATION Ú

ORDER - MEDIATION

09/25/2018 MOTION - PROTECT Ú

JOINT AGREED MOTION PROTECT

CommentJOINT AGREED


ORDER - PROTECTIVE

CommentAGREED PROTECTIVE


CommentFWD AGREED PROTECTIVE ORDER TO JUDGE FOR REV

09/26/2018 ORDER - PROTECT Ú


ORDER - PROTECT

CommentAGREED

10/12/2018 DISCOVERY Ú

2018-10-12 Whiting - RFD to Pltf.pdf

CommentREQUEST/DISCLOSURE/JAMEX MARKETING--DEF

10/23/2018 AMENDED PETITION Ú

2018_10_23 Jamex Whiting Amended Petition.pdf


NOTICE OF INTENET TO SERVE DISCOVERY SUBPOENA - SHELL TRADING (US) COMPANY

CommentNOTICE OF INTENET TO SERVE DISCOVERY SUBPOENA - SHELL TRADING (US) COMPANY


2018_11_05 Scheduling Order.pdf

CommentLEVEL III SCHEDULING ORDER


CommentFWD SCHEDULING ORDER TO JUDGE FOR REV


CommentFWD SIGNED SCHEDULING ORDER TO CLERKS

11/07/2018 SCHEDULING ORDER Ú

SCHEDULING ORDER

CommentLEVEL 3


SUBPOENA - SHELL TRADING (US) COMPANY

CommentSUBPOENA - SHELL TRADING (US) COMPANY


SUBPOENA - SHELL TRADING (US) COMPANY


CommentSUBPOENA - SHELL TRADING (US) COMPANY

11/15/2018 MOTION - COMPEL Ú

2018_11_15 MCompel Priv Log.pdf

CommentREQUEST FOR RULE 193.4 HEARING


NOH

CommentON P/M/COMPEL

12/03/2018 RULE 11 Ú

2018-12-03 Whiting - Notice of Extension.pdf


Whiting Resp to Jamex's Mtn to Compel.pdf

CommentWHITING'S RESPONSE TO JAMEX'S MOTION TO COMPEL

12/10/2018 Status Conference Ú


Hearing Time9:30 AM


Comment**PER JUDGE AT HRG** STATUS CONF IS SET FOR 1/4/19 @ 9:30AM

12/10/2018 Motion - Compel Ú




Comment30 MINS - M/COMPEL FILED 11/15/18 - SET BY ANN HALL - 214-382-9810

12/10/2018 NOTICE OF APPEARANCE Ú

2018-12-10 Whiting - NOA ATisdall.pdf


12/10/2018 ORDER - MISC. Ú

ORDER - MISC.

CommentREQUEST FOR RULE 193.4 HEARING AND IN CAMERA INSPECTION

12/10/2018 CERTIFICATE OF DEPOSITION Ú

Oral Videotaped Deposition of James Ballengee

CommentJAMES BALLENGEE


NOTICEOFINTENTIONTOTAKEDEPOWRITQUE9043.pdf

CommentNOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS

12/31/2018 NOTE - ADMINISTRATOR

01/04/2019 Status Conference Ú






Comment**PER JUDGE** STATUS CONF SET AT 9:30AM ON 1-4-19 MLD NTCS TO ALL PARTIES

01/04/2019 COUNTER CLAIM Ú

Whiting's 2d Amd Ans and CC.pdf

Comment2ND AMENDED ANS AND JURY DEMAND

01/04/2019 THIRD PARTY ACTION Ú

Whiting's 3rd Party Petition.pdf


2019_01_04 proposed Order re MCompel.pdf

CommentORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL DOCUMENTS FROMWHITING'S PRIVILEGE LOG


01/04/2019 ISSUE CITATION


Unserved


Anticipated MethodCommentESERVE


NOTICEOFINTENTIONTOTAKEDEPOWRITQUE9043.2.pdf

CommentNOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS


NOTICE OF DELIVERY

CommentAT&T MOBILITY (ANY AND ALL RECORDS)


2019_01_28 Jamex Answer to Whiting Counterclaim.pdf

01/31/2019 MOTION - QUASH Ú

Non-Party's Objections, Motion to Quash and Motion for Protection (with exhibits) - Bruce Taton.pdf


Notice of Subpoena to Brian Hail.pdf

CommentNOTICE TO PRODUCE DOCUMENTS


2019_02_04 BALLENGEE Answer to Whiting Counterclaim.pdf


EXECUTED SUBPOENA BRIAN N HAIL

CommentEXECUTED SUBPOENA BRIAN N HAIL


Notice of Subpoena to STUSCO.pdf


CommentNOTICE TO PRODUCE DOCUMENTS


Motion to Quash and Motion for Protective Order.pdf

CommentSUBPOENA DUCES TECUM TO NON-PARTY, BRIAN N. HAIL, AND MOTION FOR PROTECTIVE ORDER


2019_02_22_Amended Level 3 Scheduling Order.pdf

CommentAMENDED LEVEL THREE SCHEDULING ORDER - AGREED AS TO FORM


CommentFWD SIGNED SCHEDULING ORDER TO JUDGE FOR REV


ATTORNEY ISSUED SUBPOENA - SHELL TRADING (US) COMPANY

CommentATTORNEY ISSUED SUBPOENA - SHELL TRADING (US) COMPANY


ATTORNEY ISSUED SUBPOENA - VERIZON WIRELESS

CommentATTORNEY ISSUED SUBPOENA - VERIZON WIRELESS


SCHEDULING ORDER


Whiting Defs' Notice to Produce Documents .pdf

CommentWHITING DEFENDANTS NOTICE TO PRODUCE DOCUMENTS


Notice of Appearance of A. Carlis


Motion to Quash Notice of Whiting.pdf

CommentJamex's Notice of Deposition of Whiting


05/28/2019 Jury Trial - Civil Ú

68th Court-Cover Pg for Level 1/2 Sch Order or Med Order

68th Court-Jury Trial Setting



Hearing Time9:00 AM


Comment1ST TRL SETTING - ASSIGNED MEDIATOR AND MLD NTCS TO ALL PARTIES


EXECUTED SUBPOENA - ED WUTHRICH C/O SHELL TRADING

CommentEXECUTED SUBPOENA - ED WUTHRICH C/O SHELL TRADING


EXECUTED SUBPOENA - MIKE GRIPPALDI C/O SHELL TRADING

CommentEXECUTED SUBPOENA - MIKE GRIPPALDI C/O SHELL TRADING


NOF

CommentNOTICE OF FILING OF PROOF OF SERVICE OF SUBPOENA



CERTIFICATE OF DEPO-NATHAN STAHLECKER

CommentNATHAN STAHLECKER


NoticeSubpoena-Grippaldi w proof of service.pdf

CommentNOTICE - MICHAEL GRIPPALDI



Notice Subpoena - Wuthrich w proof of service.pdf

CommentNOTICE - EDGAR WUTHRICH

06/27/2019 MOTION - PROTECT Ú

EMERGENCY M/PROTECT/QUASH

CommentEMERGENCY - & M/QUASH


O/PROTECT & QUASH

CommentPROTECT & QUASH

06/28/2019 DEPUTY REPORTER STATEMENT Ú

DEPUTY REPORTER STATEMENT

06/28/2019 AMENDED ANSWER - AMENDED GENERAL DENIAL Ú

Third Amended Answer.pdf

Comment3RD AMENDED ANSWER, 3RD AMENDED COUNTER CLAIMS & 3RD AMENDED 3RD PARTY CLAIMS

06/28/2019 COUNTER CLAIM Ú



06/28/2019 THIRD PARTY ACTION Ú




Whiting-2nd Amd Level 3 Scheduling Order.pdf

CommentProposed Second Amended Level 3 Scheduling Order



EXECUTED SUBPOENA - SHELL TRADING


CommentEXECUTED SUBPOENA - SHELL TRADING


SUBPOENA - PLAINS ALL AMERICAN PIPELINE

CommentEXECUTED SUBPOENA - PLAINS ALL AMERICAN PIPELINE


CommentFWD SCHEDULING ORDER TO JUDGE FOR REV


CommentFWD SIGNED SCHEDULING ORDER TO CLERKS


SCHEDULING ORDER

CommentAGREED 2ND AMENDED - LEVEL 3


Reporter certification for the deposition of VISPI JILLA on April 25 2019

CommentREPORTER'S CERTIFICATION DEPOSITION OF VISPI JILLA


Whiting Motion to Compel - Final.pdf

07/30/2019 MOTION - QUASH


2019-08-12 Whiting Amd NOH re Mtn to Compel.pdf

CommentAMENDED NOTICE ON D M/COMPEL


2019.08.12 Motion to Quash Notice of Deposition of Kari Smith + exs.pdf


Proposed Order - Kari Smith MTQ.pdf


CommentORDER GRANTING MOTION TO QUASH NOTICE OF DEPOSITION OF KARI SMITH


2019_08_15 Jamex MCompel Smith.pdf

CommentTO OVERRULE OBJECTIONS AND COMPEL THE DEPOSITION OF KARI SMITH


EXECUTED SUBPOENA - CHARLES LACOUTURE

CommentEXECUTED SUBPOENA - CHARLES LACOUTURE


CommentFWD MOTION TO QUASH DEPO TO JUDGE FOR REV


Comment***HEARING IS NEEDED FOR MOTION TO QUASH***


2019_08_21 NOH 10 4 2019.pdf

CommentMOTION TO OVERRULE



RESPONSE

CommentTO WHITING S MOTION TO COMPEL DOCUMENTS FROM JAMEX MARKETING AND JAMES BALLENGEE



2019-08-12 Whiting Amd NOH re Mtn to Compel.pdf

RESPONSE





Comment30 MINS - D/M/COMPEL FILED 07/30/19 - SET BY RICHARD WOJTCZAK - 713-653-7876

09/09/2019 ORDER - COMPEL Ú

ORDER - COMPEL

09/11/2019 MOTION - PARTIAL SUMMARY JUDGMENT

09/11/2019 MOTION - PARTIAL SUMMARY JUDGMENT Ú

CommentREGARDING ALLEGED WRONGFUL CONDUCT OR BREACH OF FIDUCIARY DUTY

09/11/2019 MOTION - SUMMARY JUDGMENT Ú

WHITING'S/FINAL MPSJ (STRANGER)

09/11/2019 MOTION - SUMMARY JUDGMENT

09/11/2019 MOTION - SUMMARY JUDGMENT


CommentRE: 2ND PART OF P/MPSJ - EXHIBITS


QUASH/DEPO/MACCLUCKIE

CommentN/DEPO/ADAM MACLUCKIE


QUASH/DEPO/MACLUCKIE

CommentQUASH/N/DEPO/ADAM MACLUCKIE


NOH - (2) P/MSJ

CommentON (2) P/MSJ


NOH - P/M/OVERRULE

CommentON P/M/OVERRULE OBJS & COMPEL



NOH - NON-PARTY MTQ

CommentON NON-PARTY M/QUASH


NOH - WHITING'S MSJS'

CommentON WHITING'S MSJS'


MICHAEL GRIPALLDI

CommentMICHAEL GRIPALLDI


MICHAEL GRIPPALDI

CommentMICHAEL GRIPPALDI


PETER W HAGIST

CommentPETER W HAGIST


ED WUTHRICH

CommentED WUTHRICH


CommentSTUSCO TO PRESENT ADAM MACLUCKIE FOR A DEPOSITION


STEVENS

CommentSTEVENS


AMENDED NOH - QUASH/COMPEL

CommentAMENDED - ON NON-PARTY MOT'S/QUASH & COMPEL



2019.09.20 STUSCO's & Dimech's Motion to Quash Deposition ot John Dimech + exs.pdf


2019.09.20 [Proposed] Order Granting Motion to Quash.pdf

CommentORDER GRANTING STUSCO'S MOTION TO QUASH NOTICE OF DEPOSITION OF JOHN DIMECH


NOH - 3RD PARTY M/COMPEL

CommentON 3RD PARTY P/M/COMPEL


Whiting - NOH MQuash Depo of JDimech.pdf

CommentMOTION TO QUASH


190827_BTatonV1_crt.pdf

CommentBRUCE TATON


CERT DEPO - BRUCE TATON

CommentBRUCE TATON


CommentWHITING'S RESPONSE TO P/MPSJ RE: BRUCE TATON


CommentWHITING'S RESPONSE TO P/MPSJ

09/30/2019 MOTION - CONTINUANCE Ú

CommentWHITING'S - P/MPSJ & TRIAL



WHITINGS' NOH - ON B TATON MTQ & MTP

CommentON B TATON'S MTQ & MTP


WHITING'S NOH - MTQ SUBPOENA

CommentON P/MTQ SUBPOENA OF B HAIL


2019-10-01 Whiting NOH motion to continue.pdf

CommentMOTION FOR CONTINUANCE


190822_JVolker_crt.pdf

CommentJAMES VOLKER




LTR/JUDGE

CommentADDRESSED TO JUDGE RE: 10/04/19 HEARINGS


LETTER TO COURT REGARDING COURTESY COPY

CommentLETTER TO COURT REGARDING COURTESY COPY


2019-10-02 Whiting Subpoena J. Hock for Dep.pdf

CommentWhiting's Subpoena and Notice of Intent to Take Oral Deposition of James Hock


CERT DEPO

CommentADELLE MEAD



2019_10_03 NOH 10 14 2019.pdf

CommentMSJ


Whiting Amended NOH motion to continue.pdf

CommentAMENDED



2019_08_21 NOH 10 4 2019.pdf



Cancel ReasonHEARING RESCHEDULED

Comment30 MINS - P/M/OVERRULE OBJECTIONS & COMPEL DEPOSITION OF KARI SMITH FILED 08/15/19 - SET BY ANN HALL -214-3829810

10/04/2019 Motion - Summary Judgment Ú

NOH - (2) P/MSJ




Comment30 MINS - P & 3RD PARTY/TRADITIONAL & NO-EVIDENCE MSJ (WRONGFUL CONDUCT) FILED 09/11/19 - SET BY LESLIECHAGGARIS - 214-382-9804


NOH - (2) P/MSJ






Comment30 MINS - P/TRADITIONAL & NO-EVIDENCE MSJ FILED 09/11/19 - SET BY LESLIE CHAGGARIS - 214-382-9804

10/04/2019 Motion - Continuance Ú

2019-10-01 Whiting NOH motion to continue.pdf




Comment1 MINS - D/M/CONTINUE SJ HEARINGS & TRIAL... FILED 09/30/19 - SET BY - ADAM TISDALL - 619-865-0226


RESPONSE/MSJ

CommentJAMEX'S RESPONSE IN OPPOSITION TO WHITING S MOTION FOR SUMMARY JUDGMENT ON JAMEX S [ALLEGED]INABILITY TO PROVE THAT WHITING WAS A STRANGER TO THE CONTRACT


CommentPLAINTIFF'S - TO WHITING'S MOTIONS FOR SUMMARY JUDGMENT ON JUSTIFICATION, INTERFERENCE, ANDDAMAGES


Notice of Appearance (20191008).pdf


AMENDED MTQ

CommentAMENDED - DEPOSITION OF ADAM MACLUCKIE


O/ AMENDED MTQ - STUSCO

CommentGRANTING STUSCO'S AMENDED M/QUASH NOTICE OF DEPOSITION OF ADAM MACLUCKIE


2019_10_10 Hearing Cancellation.pdf


CommentNotice of Cancellation of Hearing


CORR LETTER TO THE COURT

CommentLETTER TO THE COURT REGARDING COURTESY COPY



NOH - P/M/OVERRULE




Comment15 MINS - P/M/OVERRULE OBJECTIONS & COMPEL DEPOSITION OF KARI SMITH FILED 08/15/19 - SET BY ANN HALL -214-382-9810


CHUCK LACOUTURE

CommentCHUCK LACOUTURE


87190.pdf

CommentCELL PHONE RECORDS

10/14/2019 Motion - Quash Ú

QUASH/DEPO/MACCLUCKIE

AMENDED NOH - QUASH/COMPEL

AMENDED MTQ

O/ AMENDED MTQ - STUSCO





Comment15 MINS - NON-PARTY (SHELL TRADING COMPANY- "STUSCO") AMENDED M/QUASH DEPO OF ADAM MACLUCKIE FILED10/08/19 (ORIGINALLY FILED 09/12/19) - SET BY ANN HALL - 214-382-9810



NOH - WHITING'S MSJS'

Whiting Amended NOH motion to continue.pdf

RESPONSE/MSJ




Comment45 MINS - D/MSJS' FILED 09/11/19 - SET BY - ADAM TISDALL - 619-865-0226

10/14/2019 Motion - Partial Summary Judgment Ú

2019_10_03 NOH 10 14 2019.pdf




Comment30 MINS - P/MPSJs' FILED 09/11/19 - SET BY LESLIE CHAGGARIS - 214-382-9810


2019_10_14 Hearing Cancellation MTQ.pdf

CommentNOTICE OF CANCELLATION OF HEARING SET FOR OCTOBER 14, 2019 AT 10:00 A.M.


Nt Cancel of Hrg on Whiting's Mtn to Continue.pdf

CommentNotice of Cancellation of Hearing on Whiting's Motion to Continue


Nt of Cancellation of Hrg on Whiting's MSJs.pdf

CommentCANCELLATION



NOH - CANCELLATION OF HEARINGS

CommentNOTICE OF CANCELLATION OF HEARINGS SET FOR OCTOBER 14, 2019 AT 2:15 A.M.


Notice of Cancellation of Hrg - Taton's MQuash.pdf

CommentCANCELED MOTION TO QUASH AND FOR PROTECTION


Ntc Cancellation of Hrg - Jamex Privilege Log.pdf

CommentCANCELLED - MOTION TO COMPEL


NOH - CANCELLATION - P/MTQ

CommentCANCELLATION - P/MTQ & PROTECT (BRIAN N HAIL)


Whiting - Amd NOH.pdf

CommentMOTION QUASH




Whiting - NOH MQuash Depo of JDimech.pdf




Comment15 MINS - NON-PARTY (STUSCO) M/QUASH DEPO OF JOHN DIMECH FILED 09/20/19 - SET BY DEFT ATTY ADAM TISDALE- 713-653-7803



ORDER - COMPEL





Comment15 MINS - 3RD PARTY PLTF M/COMPEL DOCUMENTS FROM J MARKETING & J BALLENGEE FILED 07/03/19 - SET BYADAM TISDALL - 713-653-7803


Non-Party's Objections, Motion to Quash and Motion for Protection (with exhibits) - Bruce Taton.pdf

WHITINGS' NOH - ON B TATON MTQ & MTP




Comment15 MINS - NON-PARTY (BRUCE TATON) M/QUASH FILED 01/31/19 - SET BY DEFT ATTY ADAM TISDALE - 713-653-7803


2019_10_24 Jamex MCompel Dimech.pdf

CommentJAMEX'S MOTION TO OVERRULE OBJECTIONS AND COMPEL THE DEPOSITION OF JOHN DIMECH


NOH - P/OVERRULE OBJS & COMPEL - 9:30AM

CommentMOTION TO OVERRULE OBJECTIONS AND COMPEL THE DEPOSITION


Motion to Quash and Motion for Protective Order.pdf

WHITING'S NOH - MTQ SUBPOENA




Comment15 MINS - P'S/M/QUASH SUBPOENA DUCES TECUM & PROTECTIVE ORDER (NON-PARTY BRIAN N HAIL) FILED 02/19/19 -SET BY ADAM TISDILL - 713-653-7803



NOH - P/MPSJ & JAMEX TRAD & NE MPSJ

CommentMOTION - PARTIAL SUMMARY JUDGMENT


NOH - P/OVERRULE OBJS & COMPEL @ 3:00PM

CommentMOTION TO OVERRULE OBJECTIONS AND COMPEL THE DEPOSITION


NOH - WPC & WO & G M/FINAL JUDGMENT

CommentMSJ

10/30/2019 RETURNED MAIL Ú

RETURNED MAIL





Hearing Time9:00 AM


Comment1ST TRL RESET - **JURY NEEDS TO BE PULLED ON MONDAY** MLD NTCS TO ALL PARTIES

11/06/2019 ORDER - COMPEL Ú

ORDER - COMPEL & DENY QUASH

Comment& DENY QUASH


MISCELLANOUS EVENT

CommentWHITING'S MEMORANDUM REGARDING THE DEPOSITION OF JOHN DIMECH





Whiting - Amd NOH.pdf




Comment30 MINS - NON-PARTY (STUSCO) M/QUASH DEPO OF JOHN DIMECH FILED 09/20/19 - RESET BY DEFT ATTY ADAMTISDALE - 713-653-7803


2019_10_24 Jamex MCompel Dimech.pdf

NOH - P/OVERRULE OBJS & COMPEL - 9:30AM




Comment15 MINS.- P/OVERRULE OBJS & COMPEL FILED 10/24/19 - SET BY JOEL W REESE - 214-382-9810


CommentFWD SIGNED ORDER TO DENY SHELL'S MOTION TO QUASH TO CLERKS


WHITING NOH - M/COMPEL IN CAMERA DOCUMENTS

CommentON WHITING'S M/COMPEL IN CAMERA DOCUMENTS



NOH - P/OVERRULE OBJS & COMPEL @ 3:00PM





Comment30 MINS - P/MOTION TO OVERRULE OBJECTIONS - SET BY ANN - 214-302-9810


CommentFWD SIGNED ORDER TO COMPEL DEPO AND DENY QUASH TO CLERKS

11/11/2019 MOTION - CONTINUANCE Ú

Comment2ND

11/11/2019 ORDER - MISC. Ú

ORDER OVERRULE OBJECTIONS & COMPEL DEPO & DENY QUASH

CommentOVERRULE OBJECTIONS & COMPEL DEPO OF KARI SMITH & DENY M/QUASH


Whiting NOH motion to continue.pdf

CommentNOTICE OF HEARING ON D 2ND M/CONTINUE


JAMEX AND BALLENGEE'S - TO WHITING'S 2ND MOTION FOR CONT OF SJ HEARING

CommentJAMEX AND BALLENGEE'S - TO WHITING'S 2ND MOTION FOR CONT OF SJ HEARING


CORR LETTER

CommentLETTER TO JUDGE REGARDING NOTEBOOK


Whiting NOH motion to continue.pdf




Comment***HEARING SET PER JUDGE - NTC WAS GIVEN TO ATTY AT 11/8/19 HEARING***



CommentFWD SIGNED ORDER FOR CONT OF SUMM JUDGMNT TO HEAR DISCVY CLERKS

11/19/2019 ORDER - GRANTING CONTINUANCE Ú

ORDER - GRANTING CONTINUANCE

CommentOF SUMMARY JUDGMENT HEARING TO PERMIT COMPLETION OF CRUCIAL DISCOVERY (2ND)



ORDER - COMPEL

WHITING NOH - M/COMPEL IN CAMERA DOCUMENTS




Comment15 MINS - 3RD PARTY PLTF M/COMPEL DOCUMENTS FROM J MARKETING & J BALLENGEE FILED 07/30/19 - SET BYADAM TISDALL - 713-653-7803


MTQ - BRUCE TATON


NOH - MOTION PARTIAL SUMMARY JUDGMENT

CommentMOTION - PARTIAL SUMMARY JUDGMENT


WHITING'S NTC OF INTENT TO TK ORAL DEPO OF JAMES HOCK

CommentWHITING'S NTC OF INTENT TO TK ORAL DEPO OF JAMES HOCK


PL MTN QUASH AND PROTECT

Comment& PROTECTION


Whiting Amd NOH BTaton Obj.pdf


CommentAMENDED/MOTION TO QUASH


NOH - ON P&3RD PARTY M/QUASH

CommentON JAMEX/JAMES BALLENGEE M/QUASH


WHITING'S RESPONSE TO P&3RD PARTY MTQ

CommentWHITING'S RESPONSE TO P&3RD PARTY M/QUASH & PROTECTIVE ORDER


2019_12_05 Hearing Cancellation.pdf

CommentCANCELLATION


NOH - P/MPSJ & JAMEX TRAD & NE MPSJ




Comment1HOUR- SET BY ANN HALL 214-382-9810





CommentADAM TISDALL (713-653-7803)














NOH - MOTION PARTIAL SUMMARY JUDGMENT




Comment30 MINS - P&3RD PARTY MPSJ FILED 09/11/19 - SET BYANN HALL - 214-382-9810


MTQ - BRUCE TATON



Comment15 MINS - NON-PARTY (BRUCE TATON'S)M/QUASH FILED 11/25/19 - SET BY (DEF ATTY OFFICE) WITH ADAM TISDALL -713-653-7803


PL MTN QUASH AND PROTECT

NOH - ON P&3RD PARTY M/QUASH

WHITING'S RESPONSE TO P&3RD PARTY MTQ




CommentP&3RD PARTY M/QUASH FILED 11/27/19 - SET BY (DEF ATTY OFFICE) WITH ADAM TISDALL - 713-653-7803

12/06/2019 ORDER - QUASH Ú

ORDER - QUASH


NOH - P&3RD PARTY MPSJ

CommentON WHITING'S MPSJ


NOH - ON WHITING DEFTS MSJ(s)

CommentON PLTF'S MSJ(s)


PLTF'S SUPPLEMENT RESPONSE - DEFT'S MSJ...

CommentPLTF'S SUPPLEMENT TO ITS RESPONSE TO DEFTS' MSJ ON JUSTIFICATION INTERFERENCE & DAMAGES


CommentDEFTS' 1ST AMENDED OPPOSITION TO MPSJ ON WRONGFUL CONDUCT BY BRUCE TATON


CommentDEFTS 1ST AMENDED RESPONSE TO PLTF'S MPSJ

01/31/2020 OBJECTION Ú

WHITING'S OBJECTIONS TO DECLARATIN OF JAMES H. BALLENGEE

CommentDECLARATIION OF JAMES H. BALLENGEE






Comment1HOUR - P/MPSJ AGAINST THE WHITING DEFENDANTS - SET BY ANN HALL - 214-382-9810



PLTF'S SUPPLEMENT RESPONSE - DEFT'S MSJ...




CommentDEFTS' (WHITING) MSJ ON JUSTIFICATION FILED 09/11/19 - SET BY ADAM TISDALL - 713-653-7803






CommentDEFTS' FINAL MSJ ON JAMEX'S INABILITY TO PROVE INTERFERENCE OR DAMAGES FILED 09/11/19 - SET BY ADAMTISDALL - 713-653-7803







CommentDEFTS FINAL MSJ ON JAMEX'S INABILITY TO PROVE THAT WHITING WAS A STRANGER TO THE CONTRACT FILED09/11/19 - SET BY ADAM TISDALL - 713-653-7803


JAMEX AND BALLENGEE'S - TO WHITING'S 2ND MOTION FOR CONT OF SJ HEARING

ORDER - GRANTING CONTINUANCE






CommentP/M/CONTINUANCE OF WHITING'S 2ND MSJ FILED 11/11/19 - SET BY LESLIE CHAGGARIS - 214-382-9810






CommentP&3RD PARTY MPSJ RE: ALLEGED WRONGFUL CONDUCT OR BREACH OF FIDUCIARY (BRUCE TATON)FILED 09/11/19 -SET BY LESLIE CHAGGARIS - 214-382-9810


CommentFWD SIGNED SUMMARY JDGMNT TO CLERKS


ORDER - DENY...WHITING'S SUMMARY JUDGMENT MOTIONS

Comment- WHITING'S SUMMARY JUDGMENT MOTIONS


ORDER - DENY...JAMEX'S & BALLENGEE'S TRADITIONAL & NO EVIDENCE MOTION PARTIAL SUMMARY JUDGMENT

Comment- JAMEX'S & BALLENGEE'S TRADITIONAL & NO EVIDENCE MOTION FOR PARTIAL SUMMARY JUDGMENT


ORDER - DENY...PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

Comment- PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT


CERTIFICATE OF DEPOSITION RE: ORAL VIDEO TAPE OF ADAM MACLUCKIE

CommentADAM MACLUCKIE


02/07/2020 MOTION - SANCTIONS Ú

Comment**PURSUANT TO PROTECTIVE ORDER SIGNED 9/26/2018**


NOTICE OF HEARING ON PLAINTIFF'S SEALED MOTION FOR SANCTIONS

CommentPLAINTIFF'S SEALED MOTION FOR SANCTIONS


CommentTO MOTION FOR SANCTIONS


NOTICE OF HEARING - MOTION SANCTIONS

CommentMOTION FOR SANCTIONS SET 4/6/2020 @ 9:00 A.M.

04/01/2020 NOTICE OF BANKRUPTCY Ú

SUGGESTION OF BANKRUPTCY

04/06/2020 Motion - Sanctions Ú

NOTICE OF HEARING - MOTION SANCTIONS


Hearing Time9:00 AM


Comment1HR - (SHELL TRADING COMPANY) M/SANCTIONS FILED 02/07/20 - SET BY ANN - 214-382-9810

04/06/2020 INACTIVATE CASE (OCA)

04/06/2020 ORDER - ABATE Ú

ORDER - ABATE


CommentFWD ABATE ORDER TO JUDGE FOR REV

04/11/2020 ORDER - ABATE Ú


ORDER - ABATE


CommentFWD SIGNED ORDER ABATING CASE TO CLERKS







Hearing Time9:00 AM


Comment2ND TRL RESET - MLD NTCS TO ALL PARTIES


Case Information

DC-20-02413 | JAMEX MARKETING, LLC vs. SHELL TRADING (US) COMPANY

Case NumberDC-20-02413

Court68th District Court


File Date02/12/2020

Case TypeCNTR CNSMR COM DEBT

Case StatusOPEN

Events and Hearings

02/12/2020 NEW CASE FILED (OCA) - CIVIL

02/12/2020 ORIGINAL PETITION Ú

ORIGINAL PETITION

02/12/2020 ISSUE CITATION Ú

ISSUE CITATION

CommentPUT IN QUEUE 2/13


Served02/20/2020



Returned02/25/2020CommentSHELL TRADING US COMPANY


EXECUTED CITATION - SHELL TRADING (US) COMPANY

CommentEXECUTED CITATION - SHELL TRADING (US) COMPANY



STUSCO'S ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION, VERIFIED PLEA IN ABATEMENT

CommentTO PLAINTIFF'S ORIGINAL PETITION, VERIFIED PLEA IN ABATEMENT

04/21/2020 MOTION - PARTIAL SUMMARY JUDGMENT Ú

PLTF'S MOTION FOR PARTIAL SUMMARY JUDGMENT


APPENDIX IN SUPPORT OF PLTF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

CommentAppendix in Support of Plaintiff's Motion for Partial Summary Judgment (part 1)


LETTER TO JUDGE REQUEST HEARING

CommentLETTER TO JUDGE HOFFMAN REGARDING REQUEST FOR SCHEDULING ORDER HEARING.


NOTICE OF HEARING - STATUS CONFERENCE

CommentSTATUS CONFERENCE


LETTER TO JUDGE HOFFMAN

CommentLETTER TO JUDGE HOFFMAN


CommentFWD CORRESP LTR TO JUDGE FOR REV


NOTICE OF HEARING - STATUS CONFERENCE



CommentREGARDING SCHEDULING ORDER AND ISSUES USING DOCUMENTS FROM RELATED CASE DC-18-04574. 214-418-5551ANN. - NO MOTION
