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NO. 201547031
QRE OPERATING, LLC, IN THE DISTRICT COURT OF
Plaintiff,
HARRIS COUNTY, TEXAS
ROGER D. PARSONS, IN HIS
CAPACITY AS TRUSTEE OF THE
LL&E ROYALTY TRUST,
Defendant. § 133RD JUDICIAL DISTRICT
SECOND AGREED MOTION FOR SETTING OF TRIAL DATE AND
ENTRY OF NEW DOCKET CONTROL ORDER
Introduction/Requested Relief
This is a complex case with multiple parties, one of which only recently
emerged from an extended bankruptcy Because the bankruptcy and other issues
precluded the Parties from actively litigating the case, the Parties respectfully
request the Court to move trial in this case to December 2, 2019 and to enter the
proposed agreed docket control order attached as Exhibit A
Reasons for Granting This Motion
Breitburn Operating originally filed this case against Parsons on
August 2015, seeking declaratory relief with respect to a contract between them.
See, generally, Court’s docket. On February 19, 2016, Parsons filed his First
The “Parties” are Plaintiff/Counter Defendant Breitburn Operating LP, successor interest
to QRE Operating, LLC (“Breitburn Operating”); Defendant/Counter Plaintiff/Third Party Plaintiff
Roger D. Parsons, in his Capacity as Trustee of the LL&E Royalty Trust (“Parsons”); and Third Party
Defendants Breitburn Management, LLC; Breitburn Energy Partners, LP; QR Energy, LP; Quantum
Resources Management, LLC; The Bank of New York Mellon Trust Company, N.A.; Conoco Phillips
Company; and Stifel, Nicolaus & Co.
Amended Answer, Original Counterclaim, and Original Third Party Petition,
asserting counterclaims against Breitburn Operating and third party claims against
various new third party defendants. See id.
On May 16, 2016, Breitburn Operating’s predecessor, QRE Operating, LLC
along with Third Party Defendants Breitburn Management, LLC; Breitburn Energy
Partners, LP; and QR Energy, LP (the “Breitburn Parties”), filed a Chapter
Bankruptcy proceeding in the Southern District of New York. The Breitburn Parties
filed a Suggestion of Bankruptcy in this Court the following day. See id.
Parsons, acting on behalf of the LL&E Royalty Trust, subsequently moved the
bankruptcy court for relief from the automatic stay. The bankruptcy court granted
Parsons’s motion in part and denied it in part, and on June 19, 2017, Parsons filed in
this matter a notice of the bankruptcy court’s order. See id.The Parties then held a
status conference on September 2017, during which they informed the Court that
they would confer and submit an agreed docket control order for the Court to review
and enter. See, generally, id. They did, and this Court granted their continuance,
issuing a new Docket Control Order on March 7, 2018.
However, due to various reasons, including the lengthy bankruptcy proceeding
that only recently concluded, the Parties need additional time to conduct discovery
and ready the case for trial.
The Parties therefore propose the following docket control order deadlines:
Date Description
EXPERT WITNESS DESIGNATION.
May 2019 (a) Designation of expert witnesses for parties
seeking affirmative relief.
June 3, 2019 (b) Designation of all other expert witnesses.
ALTERNATIVE DISPUTE RESOLUTION.
October 7, 2019 (a By this date the parties must either (1) file an
agreement for ADR stating the form of ADR
requested and the name of an agreed mediator,
if applicable; or (2) file an objection to ADR. If
no agreement or objection is filed, the court may
sign an ADR order.
November 4, 2019 b) ADR conducted pursuant to the agreement of the
parties must be completed by this date.
September 9, 2019 DISCOVERY PERIOD ENDS. All discovery must be
conducted before the end of the discovery period.
Parties seeking discovery must serve requests
sufficiently far in advance of the end of the discovery
period that the deadline for responding will be within
the discovery period. Counsel may conduct discovery
beyond this deadline by agreement. Incomplete
discovery will not delay the trial.
DISPOSITIVE MOTIONS AND PLEAS
November 4, 2019 (a) If subject to an interlocutory appeal, dispositive
motions or pleas must be heard by this date
November 4, 2019 (b) Summary judgment motions not subject to an
interlocutory appeal must be heard by this date
November 4, 2019 CHALLENGES TO EXPERT TESTIMONY. All
motions to exclude expert testimony and evidentiary
challenges to expert testimony must be filed by this
date.
May 2019 PLEADINGS. All amendments and supplements
must be filed by this date. This order does not preclude
prompt filing of pleadings directly responsive to any
timely filed pleadings.
Date Description
December 2, 2019 TRIAL
A proposed docket control order is attached as Exhibit
Conclusion
For the above referenced reasons, the Parties request the Court to set trial for
December 2 2019, and to enter the docket control order attached as Exhibit . This
motion is not made for the purpose of delay, but so that justice may be done. The
Parties request such other, further, or alternative relief to which they may be legally
or equitably entitled.
Respectfully submitted,
ECK EDDEN
By: /s/ Allison Standish Miller
Geoff A. Gannaway
State Bar No. 24036617
Email:ggannaway@beckredden.com
Allison Standish Miller
State Bar No. 24046440
Email: amiller@beckredden.com
Joel T. Towner
State Bar No. 24083978
Email: jredden@beckredden.com
1221 McKinney Street, Suite 4500
Houston, Texas 77010
Telephone No. (713) 951 3700
Facsimile No. (713) 951 3720
TTORNEYS OR LAINTIFF OUNTER
EFENDANT REITBURN PERATING
HIRD ARTY EFENDANTS
REITBURN ANAGEMENT LLC,
REITBURN NERGY ARTNERS LP,
NERGY
AND
HE IM AW IRM
By: /s/ Timothy A. Rothberg
John H. Kim
State Bar No. 00787393
jhk@thekimlawfirm.com
Timothy A. Rothberg
State Bar No. 24060525
tim@thekimlawfirm.com
4309 Yoakum, Suite 2000
Houston, Texas 77006
Telephone No. (713) 522 1177
Facsimile No (888) 809 6793
TTORNEYS OR EFENDANT OUNTER
LAINTIFF HIRD ARTY LAINTIFF
OGER ARSONS INHIS APACITY AS
RUSTEE OF THE LL&E OYALTY RUST
AND
RACEWELL
By: /s/ Patrick A. Caballero
. Stephen Benesh
State Bar No. 02132050
steve.benesh@bracewell.com
Patrick A. Caballero
State Bar No. 24028975
patrick.caballero@bracewell.com
111 Congress Avenue, Suite 2300
Austin, Texas 78701 4043
Telephone: (512) 494 3680
Facsimile: (800) 404 3970
TTORNEYS OR HIRD ARTY EFENDANT
HE ANK EW ORK ELLON RUST
OMPANY N.A.
AND
ATT HOMPSON LLP
By: /s/ Madeleine L. Matthews
Joseph G. Thompson III
State Bar No. 00788534
jthompson@wattthompson.com
Madeleine L. Matthews
State Bar No. 24078939
mmatthews@wattthompson.com
1800 Pennzoil Place, South Tower
711 Louisiana Street
Houston, Texas 77002
Telephone No. (713) 650
Facsimile No. (713) 650 8141
TTORNEYS OR HIRD ARTY EFENDANT
ONOCO HILLIPS OMPANY
AND
OYLE ESTREPO ARVIN OBBINS L.L.P.
By: /s/ Andrew R. Harvin*
Andrew R. Harvin
State Bar No. 09187900
aharvin@drhrlaw.com
Peter B. Wells
State Bar No. 24051505
pwells@drhrlaw.com
440 Louisiana Street, Suite 2300
Houston, Texas 77002
Telephone No. (713) 228 5100
Facsimile No. (713) 228 6138
TTORNEYS OR HIRD ARTY EFENDANT
TIFEL ICOLAUS OMPANY
AND
ATHAM ATKINS
By: /s/ Thomas J. Heiden
Thomas J. Heiden
tate ar 0. 24073394
thomas.heiden@lw.com
Mary Rose Alexander
Admitted Pro Hac Vice
mary.rose.alexander@lw.com
Johanna Spellman
Admitted Pro Hac Vice
johanna.spellman@lw.com
330 North Wabash Avenue, Suite 2800
Chicago, Illinois 60611
Telephone No. (812 876 7700
TTORNEYS OR HIRD ARTY EFENDANT
UANTUM ESOURCES ANAGEMENT
* Signed with permission by Allison Standish Miller
CERTIFICATE OF SERVICE
I hereby certify that Monday November 19, 2018 I caused a true and
correct copy of the foregoing instrument to be served on all counsel of record in
accordance with Rules 21 and 21a of the Texas Rules of Civil Procedure.
John H. Kim, Esq. Joseph G. Thompson III, Esq.
Timothy A. Rothberg, Esq. Madeline L. Mathews, Esq.
The Kim Law Firm Watt Thompson LLP
4309 Yoakum, Suite 2000 1800 Pennzoil Place, South Tower
Houston, Texas 77006 711 Louisiana Street
jhk@thekimlawfirm.com Houston, Texas 77002
im@thekimlawfirm.com jthompson@wattthompson.com
Attorneys for Defendant/Counter Plaintiff/ mmathews@wattthompson.com
Third Party Plaintiff Roger D. Parsons Attorneys for Third Party Defendant
as Trustee of the LL&E Royalty Trust ConocoPhillips Company
Thomas Heiden, Esq. Andrew R. Harvin, Esq.
Mary Rose Alexander, Esq. Peter Wells, Esq.
Johanna Spellman, Esq. Doyle, Restrepo, Harvin & Robbins, L.L.P.
Latham & Watkins LLP 440 Louisiana, Suite 2300
330 North Wabash Avenue, Suite Houston, Texas 77002
Chicago, Illinois 60611 aharvin@drhrlaw.com
thomas. heiden@lw.com pwells@drhrlaw.com
mary.rose.alexander@lw.com Attorneys for Third Party Defendant
johanna.spellman@lw.com Stifel, Nicolaus & Co.
Attorneys for Third Party Defendant
Quantum Resources Management, LLC
W Stephen Benesh, Esq.
Patrick A. Caballero, Esq.
Bracewell LLP
111 Congress Avenue, Suite 2300
Austin, Texas 78701 4043
steve.benesh@bracewell.com
patrick.caballero@bracewell.com
Attorneys for Third Party Defendant
he Bank of New York Mellon Trust Co.,
N.A.
/s/ Allison Standish Miller
Allison Standish Miller
Preview
NO. 201547031 QRE OPERATING, LLC, IN THE DISTRICT COURT OF Plaintiff, HARRIS COUNTY, TEXAS ROGER D. PARSONS, IN HIS CAPACITY AS TRUSTEE OF THE LL&E ROYALTY TRUST, Defendant. § 133RD JUDICIAL DISTRICT SECOND AGREED MOTION FOR SETTING OF TRIAL DATE AND ENTRY OF NEW DOCKET CONTROL ORDER Introduction/Requested Relief This is a complex case with multiple parties, one of which only recently emerged from an extended bankruptcy Because the bankruptcy and other issues precluded the Parties from actively litigating the case, the Parties respectfully request the Court to move trial in this case to December 2, 2019 and to enter the proposed agreed docket control order attached as Exhibit A Reasons for Granting This Motion Breitburn Operating originally filed this case against Parsons on August 2015, seeking declaratory relief with respect to a contract between them. See, generally, Court’s docket. On February 19, 2016, Parsons filed his First The “Parties” are Plaintiff/Counter Defendant Breitburn Operating LP, successor interest to QRE Operating, LLC (“Breitburn Operating”); Defendant/Counter Plaintiff/Third Party Plaintiff Roger D. Parsons, in his Capacity as Trustee of the LL&E Royalty Trust (“Parsons”); and Third Party Defendants Breitburn Management, LLC; Breitburn Energy Partners, LP; QR Energy, LP; Quantum Resources Management, LLC; The Bank of New York Mellon Trust Company, N.A.; Conoco Phillips Company; and Stifel, Nicolaus & Co. Amended Answer, Original Counterclaim, and Original Third Party Petition, asserting counterclaims against Breitburn Operating and third party claims against various new third party defendants. See id. On May 16, 2016, Breitburn Operating’s predecessor, QRE Operating, LLC along with Third Party Defendants Breitburn Management, LLC; Breitburn Energy Partners, LP; and QR Energy, LP (the “Breitburn Parties”), filed a Chapter Bankruptcy proceeding in the Southern District of New York. The Breitburn Parties filed a Suggestion of Bankruptcy in this Court the following day. See id. Parsons, acting on behalf of the LL&E Royalty Trust, subsequently moved the bankruptcy court for relief from the automatic stay. The bankruptcy court granted Parsons’s motion in part and denied it in part, and on June 19, 2017, Parsons filed in this matter a notice of the bankruptcy court’s order. See id.The Parties then held a status conference on September 2017, during which they informed the Court that they would confer and submit an agreed docket control order for the Court to review and enter. See, generally, id. They did, and this Court granted their continuance, issuing a new Docket Control Order on March 7, 2018. However, due to various reasons, including the lengthy bankruptcy proceeding that only recently concluded, the Parties need additional time to conduct discovery and ready the case for trial. The Parties therefore propose the following docket control order deadlines: Date Description EXPERT WITNESS DESIGNATION. May 2019 (a) Designation of expert witnesses for parties seeking affirmative relief. June 3, 2019 (b) Designation of all other expert witnesses. ALTERNATIVE DISPUTE RESOLUTION. October 7, 2019 (a By this date the parties must either (1) file an agreement for ADR stating the form of ADR requested and the name of an agreed mediator, if applicable; or (2) file an objection to ADR. If no agreement or objection is filed, the court may sign an ADR order. November 4, 2019 b) ADR conducted pursuant to the agreement of the parties must be completed by this date. September 9, 2019 DISCOVERY PERIOD ENDS. All discovery must be conducted before the end of the discovery period. Parties seeking discovery must serve requests sufficiently far in advance of the end of the discovery period that the deadline for responding will be within the discovery period. Counsel may conduct discovery beyond this deadline by agreement. Incomplete discovery will not delay the trial. DISPOSITIVE MOTIONS AND PLEAS November 4, 2019 (a) If subject to an interlocutory appeal, dispositive motions or pleas must be heard by this date November 4, 2019 (b) Summary judgment motions not subject to an interlocutory appeal must be heard by this date November 4, 2019 CHALLENGES TO EXPERT TESTIMONY. All motions to exclude expert testimony and evidentiary challenges to expert testimony must be filed by this date. May 2019 PLEADINGS. All amendments and supplements must be filed by this date. This order does not preclude prompt filing of pleadings directly responsive to any timely filed pleadings. Date Description December 2, 2019 TRIAL A proposed docket control order is attached as Exhibit Conclusion For the above referenced reasons, the Parties request the Court to set trial for December 2 2019, and to enter the docket control order attached as Exhibit . This motion is not made for the purpose of delay, but so that justice may be done. The Parties request such other, further, or alternative relief to which they may be legally or equitably entitled. Respectfully submitted, ECK EDDEN By: /s/ Allison Standish Miller Geoff A. Gannaway State Bar No. 24036617 Email:ggannaway@beckredden.com Allison Standish Miller State Bar No. 24046440 Email: amiller@beckredden.com Joel T. Towner State Bar No. 24083978 Email: jredden@beckredden.com 1221 McKinney Street, Suite 4500 Houston, Texas 77010 Telephone No. (713) 951 3700 Facsimile No. (713) 951 3720 TTORNEYS OR LAINTIFF OUNTER EFENDANT REITBURN PERATING HIRD ARTY EFENDANTS REITBURN ANAGEMENT LLC, REITBURN NERGY ARTNERS LP, NERGY AND HE IM AW IRM By: /s/ Timothy A. Rothberg John H. Kim State Bar No. 00787393 jhk@thekimlawfirm.com Timothy A. Rothberg State Bar No. 24060525 tim@thekimlawfirm.com 4309 Yoakum, Suite 2000 Houston, Texas 77006 Telephone No. (713) 522 1177 Facsimile No (888) 809 6793 TTORNEYS OR EFENDANT OUNTER LAINTIFF HIRD ARTY LAINTIFF OGER ARSONS INHIS APACITY AS RUSTEE OF THE LL&E OYALTY RUST AND RACEWELL By: /s/ Patrick A. Caballero . Stephen Benesh State Bar No. 02132050 steve.benesh@bracewell.com Patrick A. Caballero State Bar No. 24028975 patrick.caballero@bracewell.com 111 Congress Avenue, Suite 2300 Austin, Texas 78701 4043 Telephone: (512) 494 3680 Facsimile: (800) 404 3970 TTORNEYS OR HIRD ARTY EFENDANT HE ANK EW ORK ELLON RUST OMPANY N.A. AND ATT HOMPSON LLP By: /s/ Madeleine L. Matthews Joseph G. Thompson III State Bar No. 00788534 jthompson@wattthompson.com Madeleine L. Matthews State Bar No. 24078939 mmatthews@wattthompson.com 1800 Pennzoil Place, South Tower 711 Louisiana Street Houston, Texas 77002 Telephone No. (713) 650 Facsimile No. (713) 650 8141 TTORNEYS OR HIRD ARTY EFENDANT ONOCO HILLIPS OMPANY AND OYLE ESTREPO ARVIN OBBINS L.L.P. By: /s/ Andrew R. Harvin* Andrew R. Harvin State Bar No. 09187900 aharvin@drhrlaw.com Peter B. Wells State Bar No. 24051505 pwells@drhrlaw.com 440 Louisiana Street, Suite 2300 Houston, Texas 77002 Telephone No. (713) 228 5100 Facsimile No. (713) 228 6138 TTORNEYS OR HIRD ARTY EFENDANT TIFEL ICOLAUS OMPANY AND ATHAM ATKINS By: /s/ Thomas J. Heiden Thomas J. Heiden tate ar 0. 24073394 thomas.heiden@lw.com Mary Rose Alexander Admitted Pro Hac Vice mary.rose.alexander@lw.com Johanna Spellman Admitted Pro Hac Vice johanna.spellman@lw.com 330 North Wabash Avenue, Suite 2800 Chicago, Illinois 60611 Telephone No. (812 876 7700 TTORNEYS OR HIRD ARTY EFENDANT UANTUM ESOURCES ANAGEMENT * Signed with permission by Allison Standish Miller CERTIFICATE OF SERVICE I hereby certify that Monday November 19, 2018 I caused a true and correct copy of the foregoing instrument to be served on all counsel of record in accordance with Rules 21 and 21a of the Texas Rules of Civil Procedure. John H. Kim, Esq. Joseph G. Thompson III, Esq. Timothy A. Rothberg, Esq. Madeline L. Mathews, Esq. The Kim Law Firm Watt Thompson LLP 4309 Yoakum, Suite 2000 1800 Pennzoil Place, South Tower Houston, Texas 77006 711 Louisiana Street jhk@thekimlawfirm.com Houston, Texas 77002 im@thekimlawfirm.com jthompson@wattthompson.com Attorneys for Defendant/Counter Plaintiff/ mmathews@wattthompson.com Third Party Plaintiff Roger D. Parsons Attorneys for Third Party Defendant as Trustee of the LL&E Royalty Trust ConocoPhillips Company Thomas Heiden, Esq. Andrew R. Harvin, Esq. Mary Rose Alexander, Esq. Peter Wells, Esq. Johanna Spellman, Esq. Doyle, Restrepo, Harvin & Robbins, L.L.P. Latham & Watkins LLP 440 Louisiana, Suite 2300 330 North Wabash Avenue, Suite Houston, Texas 77002 Chicago, Illinois 60611 aharvin@drhrlaw.com thomas. heiden@lw.com pwells@drhrlaw.com mary.rose.alexander@lw.com Attorneys for Third Party Defendant johanna.spellman@lw.com Stifel, Nicolaus & Co. Attorneys for Third Party Defendant Quantum Resources Management, LLC W Stephen Benesh, Esq. Patrick A. Caballero, Esq. Bracewell LLP 111 Congress Avenue, Suite 2300 Austin, Texas 78701 4043 steve.benesh@bracewell.com patrick.caballero@bracewell.com Attorneys for Third Party Defendant he Bank of New York Mellon Trust Co., N.A. /s/ Allison Standish Miller Allison Standish Miller