BMF Group LLC v. Energy Vault Inc et al
| Texas Northern District Court | |
| Judge: | James Wesley Hendrix |
| Case #: | 5:23-cv-00215 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Sep 13, 2023 |
| Case in other court: | 132nd Judicial District Court of Scurry County, TX, 132nd |
| Last checked: Monday Mar 11, 2024 10:01 AM CDT |
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Counter Claimant
Energy Vault Inc
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Represented By
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Counter Defendant
BMF Group LLC
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Represented By
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Defendant
Cross Trails Energy Storage Project LLC, TX 77002
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Represented By
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Defendant
Energy Vault Inc
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Represented By
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Plaintiff
BMF Group LLC
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Represented By
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ThirdParty Defendant
Brandi Barron
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ThirdParty Defendant
Kelly Clark
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ThirdParty Defendant
Chris Fisher
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ThirdParty Defendant
Nichole Montalto
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ThirdParty Plaintiff
Energy Vault Inc
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Represented By
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| Docket last updated: 1 hours ago |
| Tuesday, April 01, 2025 | ||
| 49 | 49
misc
Additional Attachments to Main Document
Tue 04/01 10:09 AM
ADDITIONAL ATTACHMENTS to46 Response/Objection by ThirdParty Plaintiff Energy Vault Inc. - Proposed Order. (Escobar, Mauricio) Modified text on 4/1/2025 (bdg) |
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| 48 | 48
misc
Additional Attachments to Main Document
Tue 04/01 10:02 AM
ADDITIONAL ATTACHMENTS to47 Brief/Memorandum in Support of Motion by ThirdParty Plaintiff Energy Vault Inc. (Escobar, Mauricio) |
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Att: 1
Exhibit(s),
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Att: 2
Proposed Amendment,
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Att: 3
Exhibit(s)
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| Monday, March 31, 2025 | ||
| 47 | 47
respm
Brief/Memorandum In Support
Mon 03/31 10:11 PM
Brief/Memorandum in Support filed by Energy Vault Inc re46 Response/Objection (Escobar, Mauricio) |
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| 46 | 46
respm
Response/Objection
Mon 03/31 9:38 PM
RESPONSE filed by Energy Vault Inc re:44 Motion to Dismiss for Failure to State a Claim (Escobar, Mauricio) |
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| Friday, March 07, 2025 | ||
| 45 | 45
respm
Brief/Memorandum In Support
Fri 03/07 7:27 PM
Brief/Memorandum in Support filed by Chris Fisher re44 Motion to Dismiss for Failure to State a Claim (Villarreal, Isaac) |
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Att: 1
Exhibit(s) A
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| 44 | 44
motion
Dismiss for Failure to State a Claim
Fri 03/07 7:24 PM
Motion to Dismiss for Failure to State a Claim filed by Chris FisherAttorney Isaac Villarreal added to party Chris Fisher(pty:3pd) (Villarreal, Isaac) |
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Att: 1
Proposed Order
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| Friday, February 28, 2025 | ||
| 43 | 43
service
Certificate of Service
Fri 02/28 11:27 AM
CERTIFICATE OF SERVICE by Energy Vault Inc (Escobar, Mauricio) |
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| Tuesday, February 25, 2025 | ||
| 42 | 42
10
pgs
order
Order on Motion to Continue
Tue 02/25 1:10 PM
ORDER ON JOINT MOTION FOR CONTINUANCE AND AMENDEDSCHEDULING ORDER: ORDER granting in part40 Motion to Continue. Initial Expert Designation and Report due by 04/15/2025. Responsive Expert Designation and Report due by 05/20/2025. Expert Objections due by 07/15/2025.Completion of Discovery due by 7/15/2025. Jury Trial reset for 10/14/2025 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 2/25/2025) (bmh) |
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| Friday, January 10, 2025 | ||
| 41 | 41
misc
Additional Attachments to Main Document
Fri 01/10 9:31 AM
ADDITIONAL ATTACHMENTS to40 Motion to Continue by Plaintiff BMF Group LLC. (Villarreal, Isaac) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C
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| Tuesday, January 07, 2025 | ||
| 40 | 40
motion
Continue
Tue 01/07 2:11 PM
Joint MOTION to Continue Trial and Extension of Pre-Trial Deadlines filed by BMF Group LLC (Villarreal, Isaac) |
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Att: 1
Proposed Order
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| Monday, December 23, 2024 | ||
| 39 | 39
1
pgs
order
Order Reassigning Case
Thu 01/02 9:50 AM
Special Order No. 3-355: Effective December 31, 2024, the clerk is to reassign all Lubbock, Abilene, and San Angelo Division cases that are assigned to Senior District Judge Sam Cummings to Judge Wes Hendrix. This case has been reassigned pursuant to Special Order No. 3-355. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief District Judge David C Godbey on 12/23/2024) |
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| Monday, November 25, 2024 | ||
| 38 | 38
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pgs
order
Order on Motion for Summary Judgment
Mon 11/25 2:26 PM
ORDER denying28 Motion for Summary Judgment. The case remains set for trial on the Court's April 7, 2025 trial docket. (Ordered by Senior Judge Sam R Cummings on 11/25/2024) (bmh) |
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| Friday, September 27, 2024 | ||
| 37 | 37
adr
ADR Summary
Fri 09/27 11:51 PM
Alternative Dispute Resolution Summary filed by Cross Trails Energy Storage Project LLC, Energy Vault Inc. Attorneys in Attendance: n/a. Prv Fee: $ 1800.00 per side. Outcome of ADR: Continuing to work with parties to reach a settlement. (Escobar, Mauricio) |
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Att: 1
Exhibit(s) Mediation Report/Summary
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| Monday, August 19, 2024 | ||
| 36 | 36
13
pgs
order
Order on Motion for Protective Order
Mon 08/19 10:24 AM
PROTECTIVE ORDER: ORDER granting35 Motion for Protective Order. (Ordered by Senior Judge Sam R Cummings on 8/19/2024) (bmh) |
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| Friday, August 16, 2024 | ||
| 35 | 35
motion
Protective Order
Fri 08/16 9:18 PM
Agreed MOTION for Protective Order AGREED MOTION FOR ENTRY OF A PROTECTIVE ORDER filed by Cross Trails Energy Storage Project LLC, Energy Vault Inc (Escobar, Mauricio) |
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Att: 1
Proposed Order
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| Friday, July 05, 2024 | ||
| 34 | 34
22
pgs
respm
Response/Objection
Fri 07/05 11:21 PM
OBJECTION filed by Cross Trails Energy Storage Project LLC, Energy Vault Inc re:33 Appendix in Support, (Escobar, Mauricio) |
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| Friday, June 21, 2024 | ||
| 33 | 33
respm
Appendix in Support
Fri 06/21 5:56 PM
Appendix in Support filed by BMF Group LLC re32 Brief/Memorandum in Support of Motion,31 Response/Objection (Villarreal, Isaac) |
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Att: 1
6 pgs
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D,
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Att: 5
Exhibit(s) E
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| 32 | 32
16
pgs
respm
Brief/Memorandum In Support
Fri 06/21 5:53 PM
Brief/Memorandum in Support filed by BMF Group LLC re31 Response/Objection (Villarreal, Isaac) |
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| 31 | 31
respm
Response/Objection
Fri 06/21 5:45 PM
RESPONSE filed by BMF Group LLC re:28 MOTION for Summary Judgment MOTION FOR PARTIAL SUMMARY JUDGMENT (Villarreal, Isaac) |
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Att: 1
Proposed Order
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| Friday, May 31, 2024 | ||
| 30 | 30
3
pgs
respm
Appendix in Support
Fri 05/31 6:56 PM
Appendix in Support filed by Cross Trails Energy Storage Project LLC, Energy Vault Inc re29 Brief/Memorandum in Support of Motion (Ramey, Cole) |
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Att: 1
Exhibit(s)
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| 29 | 29
respm
Brief/Memorandum In Support
Fri 05/31 6:49 PM
Brief/Memorandum in Support filed by Cross Trails Energy Storage Project LLC, Energy Vault Inc re28 MOTION for Summary Judgment MOTION FOR PARTIAL SUMMARY JUDGMENT (Ramey, Cole) |
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| 28 | 28
motion
Summary Judgment
Fri 05/31 6:39 PM
MOTION for Summary Judgment MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Cross Trails Energy Storage Project LLC, Energy Vault IncAttorney Cole B Ramey added to party Cross Trails Energy Storage Project LLC(pty:dft), Attorney Cole B Ramey added to party Energy Vault Inc(pty:dft) (Ramey, Cole) |
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Att: 1
Proposed Order ORDER GRANTING DEFENDANTS ENERGY VAULT, INC.S AND CROSS TRAILS ENERGY STORAGE PROJECT, LLCS MOTION FOR PARTIAL SUMMARY JUDGMENT
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| Monday, March 25, 2024 | ||
| 27 | 27
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pgs
order
Order on Motion to Withdraw
Mon 03/25 10:46 AM
ORDER granting26 Motion to Withdraw. It is therefore ORDERED that Caroline Boone, David Harrell, J. Christian Perez and the law firm of Locke Lord LLP are hereby WITHDRAWN as counsel for Defendant Cross Trails Energy Storage Project, LLC and DISCHARGED from further responsibility with respect to thehandling of this case. It is further ORDERED that Brian R. Gaudet and C. Mauricio Escobar of the law firm of Kilpatrick Townsend & Stockton LLP are hereby SUBSTITUTED as counsel for Defendant Cross Trails Energy Storage Project, LLC in this case. (Ordered by Senior Judge Sam R Cummings on 3/25/2024) (bmh) |
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| Friday, March 22, 2024 | ||
| 26 | 26
4
pgs
motion
Withdraw
Fri 03/22 1:57 PM
MOTION to Withdraw and Substitution of Counsel filed by Cross Trails Energy Storage Project LLCAttorney Mauricio Escobar added to party Cross Trails Energy Storage Project LLC(pty:dft) (Escobar, Mauricio) |
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Att: 1
Proposed Order
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| Tuesday, February 13, 2024 | ||
| 25 | 25
8
pgs
service
Summons Issued
Tue 02/13 8:15 AM
Summons on a Third Party Complaint Issued as to Brandi Barron, Kelly Clark, Chris Fisher, Nichole Montalto. (bmh) |
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| Friday, February 09, 2024 | ||
| 24 | 24
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misc
Request for Clerk to Issue Document
Fri 02/09 5:57 PM
Request for Clerk to issue DEFENDANT/THIRD-PARTY PLAINTIFF ENERGY VAULT, INC. ORIGINAL THIRD-PARTY COMPLAINT filed by Energy Vault Inc. (Escobar, Mauricio) |
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| 23 | 23
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misc
Request for Clerk to Issue Document
Fri 02/09 5:48 PM
Request for Clerk to issue DEFENDANT/THIRD-PARTY PLAINTIFF ENERGY VAULT, INC. ORIGINAL THIRD-PARTY COMPLAINT filed by Energy Vault Inc. (Escobar, Mauricio) |
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| 22 | 22
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pgs
misc
Request for Clerk to Issue Document
Fri 02/09 5:19 PM
Request for Clerk to issue Third-Party Complaint filed by Energy Vault Inc. (Escobar, Mauricio) |
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| Monday, February 05, 2024 | ||
| 21 | 21
10
pgs
cmp
Third Party Complaint
Mon 02/05 11:29 AM
THIRD-PARTY COMPLAINT filed by Energy Vault Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (bmh) |
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| 20 | 20
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pgs
order
Order on Motion for Leave to File
Mon 02/05 11:22 AM
ORDER granting19 Motion for Leave to Filea Third- Party Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 2/5/2024) (bmh) |
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| Thursday, February 01, 2024 | ||
| 19 | 19
6
pgs
motion
Leave to File
Thu 02/01 3:14 PM
MOTION for Leave to File THIRD-PARTY COMPLAINT filed by Energy Vault Inc with Brief/Memorandum in Support. (Escobar, Mauricio) |
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Att: 1
Exhibit(s) A
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| Thursday, November 30, 2023 | ||
| 18 | 18
12
pgs
answer
Answer to Complaint
Thu 11/30 5:57 PM
ANSWER to Complaint filed by Cross Trails Energy Storage Project LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Boone, Caroline) |
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| Thursday, November 09, 2023 | ||
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12
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answer
Answer to Amended Complaint
Thu 11/09 9:40 PM
ANSWER to14 Amended Complaint,, filed by Cross Trails Energy Storage Project LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Boone, Caroline) |
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| 16 | 16
21
pgs
answer
Answer to Amended Complaint Counterclaim
Thu 11/09 8:30 PM
ANSWER to14 Amended Complaint,, with Jury Demand filed by Energy Vault Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against BMF Group LLC filed by Energy Vault Inc (Gaudet, Brian) |
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| Monday, October 30, 2023 | ||
| 15 | 15
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order
Order on Motion to Dismiss for Failure to State a Claim
Mon 10/30 10:16 AM
ORDER denying as moot8 Motion to Dismiss for Failure to State a Claim. Defendant Cross Trails Energy Storage Project, LLC's Partial Motion to Dismiss for Failure to State a Claim, filed September 20, 2023, is DENIED AS MOOT WITHOUT PREJUDICE TO REFILING because it now addresses a non-live pleading. (Ordered by Senior Judge Sam R Cummings on 10/30/2023) (bmh) |
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| Thursday, October 26, 2023 | ||
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12
pgs
cmp
Amended Complaint
Thu 10/26 1:03 PM
AMENDED COMPLAINT against All Defendants filed by BMF Group LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Villarreal, Isaac) |
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Att: 1
12 pgs
Exhibit(s),
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Att: 2
25 pgs
Exhibit(s)
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| Wednesday, October 18, 2023 | ||
| 13 | 13
2
pgs
misc
Certificate Of Interested Persons/Disclosure Statement
Wed 10/18 3:28 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cross Trails Energy Storage Project LLC. (Clerk QC note: No affiliate entered in ECF). (Boone, Caroline) |
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| Friday, October 06, 2023 | ||
| 12 | 12
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misc
Additional Attachments to Main Document
Fri 10/06 10:53 AM
ADDITIONAL ATTACHMENTS to11 Cert. Of Interested Persons/Disclosure Statement by Plaintiff BMF Group, LLC. (Villarreal, Isaac) Original Cert. did not have signature. Modified on 10/6/2023 (egp) |
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| 11 | 11
2
pgs
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 10/06 10:39 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by BMF Group, LLC. (Clerk QC note: No affiliate entered in ECF). (Villarreal, Isaac) |
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| Thursday, October 05, 2023 | ||
| 10 | 10
11
pgs
answer
Answer to Complaint
Thu 10/05 4:33 PM
ANSWER to Complaint filed by BMF Group, LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Villarreal, Isaac) |
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| Monday, September 25, 2023 | ||
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3
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order
Scheduling Order ~Util - Modify Hearings/Deadlines (Full List)
Mon 09/25 12:00 PM
SCHEDULING ORDER: Motions to join other parties and amend the pleadings must be filed by 3:00 p.m. on February l, 2024. Motions for summary judgment must be filed by 3:00 p.m. on October 1, 2024. The parties must take this case to mediation which must be completed by 3:00 p.m. on October 1, 2024. The mediator must file a report to the Court within seven (7) days from the completion of mediation. Motions in limine must be filed and discovery must be completed by 3:00 p.m. on March 17, 2025. Jury Trial set for 4/7/2025 at 09:00 A.M. in the U.S. Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R. Cummings.) (Ordered by Senior Judge Sam R Cummings on 9/25/2023) (krr) |
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| Wednesday, September 20, 2023 | ||
| 8 | 8
22
pgs
motion
Dismiss for Failure to State a Claim
Wed 09/20 5:22 PM
Motion to Dismiss for Failure to State a Claim filed by Cross Trails Energy Storage Project, LLC with Brief/Memorandum in Support. (Boone, Caroline) |
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| 7 | 7
2
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notice
Notice of Attorney Appearance
Wed 09/20 4:43 PM
NOTICE of Attorney Appearance by Caroline Hunt Boone on behalf of Cross Trails Energy Storage Project, LLC. (Filer confirms contact info in ECF is current.) (Boone, Caroline) |
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| Tuesday, September 19, 2023 | ||
| 6 | 6
2
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notice
Notice (Other)
Tue 09/19 4:45 PM
NOTICE of Consent to Removal to Federal Court filed by Cross Trails Energy Storage Project, LLC (Boone, Caroline) |
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| Thursday, September 14, 2023 | ||
| 5 | 5
3
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misc
Certificate Of Interested Persons/Disclosure Statement
Thu 09/14 8:26 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Energy Vault, Inc. (Clerk QC note: No affiliate entered in ECF). (Gaudet, Brian) |
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| 4 | 4
3
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misc
Certificate Of Interested Persons/Disclosure Statement
Thu 09/14 8:18 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Energy Vault, Inc. (Clerk QC note: No affiliate entered in ECF). (Gaudet, Brian) |
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| 3 | 3
20
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answer
Answer to Complaint Counterclaim
Thu 09/14 4:23 PM
ANSWER to Complaint with Jury Demand filed by Energy Vault, Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against BMF Group, LLC filed by Energy Vault, Inc (Gaudet, Brian) |
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qcref
Cummings (West Texas)
Thu 09/14 9:40 AM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bmh) |
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| Wednesday, September 13, 2023 | ||
| 1 | 1
6
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notice
Notice of Removal
Wed 09/13 8:25 PM
NOTICE OF REMOVAL filed by ENERGY VAULT, INC.. (Filing fee $402; receipt number BTXNDC-14031072) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Gaudet, Brian) |
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Att: 1
66 pgs
Exhibit(s) A,
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Att: 2
2 pgs
Cover Sheet,
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Att: 3
2 pgs
Cover Sheet Supplement
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