Opinion
MDL 1446, CIVIL ACTION NO. H-01-3624 AND CONSOLIDATED CASES, CIVIL ACTION NO. H-02-2984
September 6, 2002
John A. Huettner, Cleveland, Ohio, FOR PLAINTIFFS.
Walter J. Cicack, Houston, Texas, FOR DEFENDANTS, EOTT ENERGY PARTNERS, L.P. and ENERGY CORP.
Paul D. Clote, Houston, Texas, FOR DEFENDANTS, GIBBS COMMBE, HULTSMAN, MADDOX, MENCHACA, SAMPLE, RALPH AND WHITTY.
AGREED ORDER AND STIPULATION TO SET THE DATE TO RESPOND TO PLAINTIFFS' ORIGINAL COMPLAINT
EOTT Energy Partners, L.P., EOTT Energy Corp. ("EOTT"), Dana R. Gibbs, Mary Ellen Coombe, David R. Hultsman, Lori L. Maddox, Peggy B. Menchaca, Molly M. Sample, Susan C. Ralph, Daniel P. Whitty (collectively referred to as the "Defendants") and Plaintiffs file this agreed order and stipulation to set the date by which Defendants must file a response to Plaintiffs' Original Petition.
1. On May 15, 2002, Plaintiffs filed their Original Complaint with the Northern District of Ohio's Eastern Division.
2. On June 21, 2002, EOTT filed a Motion to Dismiss for Improper Venue and Alternatively Motion to Transfer Venue under Federal Rule of Civil Procedure 12(b)(3). ("EOTT's Motion").
3. On July 31, 2002, a conditional transfer order was signed sending the case to the Southern District of Texas, Houston Division. However, the Ohio court did not rule on EOTT's Motion.
4. Usually, a party has ten (10) days after the court disposes of any Rule 12 motion to file a responsive pleading to the plaintiff's complaint. Fed.R.Civ.P. 12(a)(4)(A).
5. Because the Ohio Court did not dispose of EOTT's Motion and the conditional transfer order was silent in setting a deadline to file responsive pleadings to Plaintiffs' Original Complaint, it is unclear when Defendants' responsive pleadings are due.
6. Therefore, the parties stipulate and ask the court to order that the Defendants have until September 20, 2002 to file a response to Plaintiffs' Original Complaint.
7. For these reasons, the parties ask the court to set the date for EOTT Energy Partners, L.P., EOTT Energy Corp., Dan R. Gibbs, Mary Ellen Coombe, David R. Hultsman, Lori L. Maddox, Peggy B. Menchaca, Molly M. Sample, Susan C. Ralph, and Daniel P. Whitty to file a response to Plaintiffs' Original Complaint on or before September 20, 2002.