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07-1840 - In Re Motor Fuel Temperature Sales Practices Litigation


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07-1840 - In Re Motor Fuel Temperature Sales Practices Litigation
August 29, 2007
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ORDER. The Court intends to appoint lead counsel and liaison counsel for plaintiffs. Applications for these positions shall be filed by 9/4/07. Signed by Judge Kathryn H. Vratil on 8/29/07.(ls)
August 30, 2007
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ORDER. The law firm of Blackwell Sanders, LLP, and Martin M. Loring, a partner in that firm, is appointed Liaison Counsel for defendants. SEE ORDER FOR DETAILS. Signed by Judge Kathryn H. Vratil on 8/30/07.(ls)
February 21, 2008
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Judge Kathryn H. Vratil on 2/21/08. (ls) MEMORANDUM AND ORDER overruling 196 Joint Motion to Dismiss. Pursuant to the Court's Scheduling Order No. 1 134, on or before March 3, 2008, the parties shall meet and confer pursuant to Rule 26(f), Fed. R. Civ. P., and submit their discovery and case management planning report via e-mail to Magistrate Judge James P. OHara. The stay on formal discovery is hereby lifted, effective immediately after the parties conduct their Rule 26(f)meeting. Signed by Chief
February 21, 2008
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MEMORANDUM AND ORDER NUNC PRO TUNC - Memorandum And Order 283 contained a typographical ommission on page 16. This Nunc Pro Tunc Order includes corrected page 16. Signed by Chief Judge Kathryn H. Vratil on 2/21/08.(ls)
January 29, 2009
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ORDER striking 533 CITGO's Motion to Dismiss for Lack of Jurisdiction; overruling 586 CITGO's Motion for Sanctions; overruling [614 and 617] Plaintiffs' Motion for Leave to File Supplemental Memorandum; overruling 653 CITGO's Motion for Leave to File Additional Exhibit. Signed by Chief Judge Kathryn H. Vratil on 1/29/09. (ag)
April 3, 2009
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ORDER granting, except as stated therein, 665 Motion to Compel. Signed by Magistrate Judge James P. O'Hara on 4/3/2009. (ah)
April 3, 2009
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ORDER granting in part and denying in part 678 Motion for Protective Order. Signed by Magistrate Judge James P. O'Hara on 4/3/2009. (ah)
May 1, 2009
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ORDER granting in part and denying in part 683 Motion for leave to correct defendant misnomers, substitute real parties in interest, intervene additional class representatives, and file amended complaints that conform to the second consolidated amended complaint. Signed by Magistrate Judge James P. O'Hara on 5/1/2009. (ah)
May 28, 2009
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ORDER granting in part and denying in part 668 Motion to Compel; granting in part and denying in part 738 Motion to Compel; granting 999 Motion to Quash. Signed by Magistrate Judge James P. O'Hara on 5/28/2009. (ah)
June 15, 2009
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ORDER denying 1192 Motion for Reconsideration; denying as moot 1194 Motion to Stay Order. Signed by Magistrate Judge James P. O'Hara on 6/15/2009. (ah)
August 13, 2009
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ORDER sustaining in part 1015 Plaintiffs' Motion to Conditionally Certify Settlement Class, etc.; overruling 1040 Non-Settling Defendants' Motion To Coordinate Class Certification Proceedings. The Court preliminarily certifies the proposed settlement class, subject to plaintiffs demonstrating at the final approval hearing under a strict burden of proof that the requirements of Rule 23(a) and (b)(3) are clearly satisfied. The Court preliminarily approves the proposed settlement. On or before August 27, 2009, the settling parties may submit a revised notice which complies with Rule 23(c)(2)(B) and (e)(3). The Court preliminarily schedules the final approval hearing for April 1, 2010 at 9:30 a.m. The Court appoints Robert A. Horn and Thomas V. Girardi as lead counsel and Thomas V. Bender as liaison counsel for the settlement class. The Court reserves the right to coordinate certification issues in the Costco settlement with proceedings for class certification in the larger MDL litigation but will not order that they must proceed together. See Memorandum And Order for further details. Signed by Chief Judge Kathryn H. Vratil on 8/13/09. (ag)
September 1, 2009
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ORDER overruling 1060 Objection to Magistrate Judge Order of May 1, 2009. Signed by Chief Judge Kathryn H. Vratil on 9/1/09. (ag)
September 11, 2009
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ORDER regarding 1009 Motion to Substitute Party. Signed by Magistrate Judge James P. O'Hara on 9/11/2009. (ah)
September 21, 2009
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ORDER granting in part and denying in part 1041 Motion to Compel; granting 1073 Motion to Compel. Signed by Magistrate Judge James P. O'Hara on 9/21/2009. (ah)
September 24, 2009
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ORDER granting 1068 Motion to Substitute Party. New plaintiffs shall file the proposed amended complaint forthwith. Signed by Magistrate Judge James P. O'Hara on 9/24/2009. (ah)
December 15, 2009
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ORDER granting [1474, 1478, 1487, 1489, 1492, 1495, 1504, 1505, 1509, 1510] motions for leave to file under seal. Signed by Magistrate Judge James P. O'Hara on 12/15/2009. (ah)
December 16, 2009
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ORDER granting 1390 Motion to Compel; denying as moot 1415 Motion for Protective Order. Signed by Magistrate Judge James P. O'Hara on 12/16/2009. (ah)
March 4, 2010
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MEMORANDUM AND ORDER sustaining 1195 Plaintiffs' Motion to Review and Set Aside Magistrate Judge Order 1080 and overruling 1195 Defendants' Motion to Set Aside Magistrate Judge Orders 1080 and 1196. The Court reverses that portion of Judge O'Hara's order of May 28, 2009 [Doc. #1080] which found that the First Amendment protects against disclosure of internal trade association legislative and lobbying activities regarding ATC for retail motor fuel. Signed by Chief Judge Kathryn H. Vratil on 3/4/10. (ag)
March 26, 2010
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MEMORANDUM AND ORDER Overruling 1590 Motion for Reconsideration and Overruling as moot 1592 Motion to Stay Discovery. Signed by Chief Judge Kathryn H. Vratil on 3/26/10. (ag)
April 2, 2010
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ORDER REGARDING DISCOVERY. Signed by Magistrate Judge James P. O'Hara on 4/2/2010.(ah)
May 28, 2010
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MEMORANDUM AND ORDER sustaining in part 1106 Plaintiffs' Motion to Certify Class in Kansas cases; overruling without prejudice 1308 Defendants' Motion to Exclude Testimony of Andrew Safir; and overruling as moot 1575 Defendants' Motion for Leave to File Sur-Reply. The Court certifies a Rule 23(b)(2) class as to the liability and injunctive aspects of certain claims in Wilson v. Ampride, Inc., Case No. 06-2582 and American Fiber & Cabling, LLC v. BP West Coast Products, LLC, Case No. 07-2053. See order for further details. Signed by Chief Judge Kathryn H. Vratil on 5/28/10. (ag) Modified on 6/1/2010 (ck).
August 13, 2010
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MEMORANDUM AND ORDER overruling 1620 Plaintiffs' Motion for Final Approval of Class Action Settlement with Costco; overruling 1634 Plaintiffs' Motion for Order Striking Supplemental Suggestions; sustaining 1644 McKerley Objectors' Motion for Leave to File Supplemental Suggestions; overruling 1665 Alkon Objectors' Motion to Strike Safir Declaration. Signed by Chief Judge Kathryn H. Vratil on 8/13/10. (ag)
August 27, 2010
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MEMORANDUM AND ORDER overruling 1564 Motion for Certificate of Appealability. Signed by Chief Judge Kathryn H. Vratil on 8/27/10. (ag)
September 16, 2010
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ORDER granting 1700 Motion to Stay Deadlines ; denying 1701 Motion for Contempt. Signed by Magistrate Judge James P. O'Hara on 9/16/2010. (kg)
October 21, 2010
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MEMORANDUM AND ORDER overruling 1697 Motion for Reconsideration re 1694 Order on Motion to Compel. On or before October 26, 2010, OOIDA shall produce the documents at issue to Judge OHara for in camera review. Signed by Chief Judge Kathryn H. Vratil on 10/21/10. (ag)
November 3, 2010
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MEMORANDUM AND ORDER overruling 1393 Motion for Review. Signed by Chief Judge Kathryn H. Vratil on 11/3/10. (ag)
April 5, 2011
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bers in compliance with Rule 23(e). The proposed order should provide a reasonable opt out and objection period and leave a blank space for the Court to insert a date for a fairness hearing. Signed by Chief Judge Kathryn H. Vratil on 4/5/2011. (ag)ORDER re 1769 Renewed Motion for Final Approval of Class Action Settlement with Defendant Costco Wholesale Corporation. On or before April 22, 2010, plaintiffs may submit a proposed order which directs notice of the new settlement to all class mem
June 8, 2011
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MEMORANDUM AND ORDER overruling 1867 Motion for Order Finding Rule 23(e) Notice Requirement Satisfied. On or before June 22, 2011, plaintiffs and Costco may submit a proposed notice of the amended settlement agreement to individual class members pursuant to the requirements of Rule 23(c)(2)(B) and (e). Signed by Chief Judge Kathryn H. Vratil on 6/8/2011. (ag)
September 22, 2011
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MEMORANDUM AND ORDER sustaining 1769 Motion to Conditionally Certify Class and sustaining 1769 Motion for Preliminary Approval of Amended Settlement; overruling 1978 Motion for Order Finding Rule 23(e) Notice Requirement Satisfied. On or before October 6, 2011, the settling parties may submit a revised notice which complies with the requirements of Rule 23(c)(2)(B) and (e). In addition, the parties should inform the Court of the earliest date on which it may hold a final approval hearing. Signed by Chief Judge Kathryn H. Vratil on 9/22/2011. (ag)
November 4, 2011
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MEMORANDUM AND ORDER overruling 1801 Motion to Intervene by James Phillips and Michael Sandoval. Signed by Chief Judge Kathryn H. Vratil on 11/4/2011. (ag)
November 10, 2011
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MEMORANDUM AND ORDER overruling 2003 Motion to Strike plaintiff's expert ; overruling 2064 Motion for Leave to File surreply. Signed by Chief Judge Kathryn H. Vratil on 11/10/2011. (mm)
November 10, 2011
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MEMORANDUM AND ORDER that on or before November 21, 2011, the parties submit a joint notice plan that complies with Rule 23(c)(2)(B), Fed. R. Civ. P., and that plaintiffs bear all costs related to providing the notice. Signed by Chief Judge Kathryn H. Vratil on 11/10/2011. (mm) Modified on 11/14/2011 - WO(lak).
January 19, 2012
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MEMORANDUM AND ORDER sustaining in part 2697 Motion to Exclude Any Testimony of Kurt V. Krueger Concerning Purported Economic Injury. The Court hereby limits the testimony of Kurt V. Krueger, Ph.D. to the content of his two expert reports, Report Of Kurt V. Krueger, Ph.D. July 11, 2011,Ex. B, Doc. 2703 filed November 1, 2011, and Report Of Kurt V. Krueger, Ph.D. October 4, 2011, Ex. C, Doc. 2703. Signed by Chief Judge Kathryn H. Vratil on 1/19/2012. (ck)
January 19, 2012
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MEMORANDUM AND ORDER sustaining in part 2630 Motion to Exclude Robert Reynolds' opinion regarding the fairness of using temperature correction at retail and overrules the motion as to his opinion regarding the transparency of using temperature correction at retail. Signed by Chief Judge Kathryn H. Vratil on 1/19/2012. (C. Kuhl, )
January 19, 2012
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MEMORANDUM AND ORDER. IT IS THEREFORE ORDERED that Defendants' Motion To Decertify The Kansas Classes 3039 filed November 12, 2011, which the Court construes as a motion to reconsider its class certification order 1675 filed May 28, 2010, be and hereby is OVERRULED. IT IS FURTHER ORDERED that Plaintiffs' Response In Opposition To Defendants' Motion To Decertify Class 3133 filed December 21, 2011, which the Court construes as a motion to redefine the classes and a motion for class certification under Rules 23(b)(3) and (c)(4), be and hereby is SUSTAINED. IT IS FURTHER ORDERED that on or before January 24, 2012, the parties shall submit joint proposed notice forms that comply with Rule 23(c)(2)(B). IT IS FURTHER ORDERED that on or before January 27, 2012, plaintiffs shall file their designations of expert testimony and that on or before February 2, 2012, defendants shall file their designations of expert testimony. Any Daubert hearing (if necessary) is now rescheduled for March 1, 2012 at 9:00 a.m. Signed by Chief Judge Kathryn H. Vratil Modified on 1/20/2012 (ck).
February 6, 2012
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MEMORANDUM AND ORDER sustaining in part 2643 Motion to Exclude Portions of Expert Report and Testimony of Richard Suiter. Signed by Chief Judge Kathryn H. Vratil on 2/6/2012. (ag)
February 28, 2012
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MEMORANDUM AND ORDER overruling 2634 Motion to Exclude Expert Testimony and Report of Constantine Cotsoradis. Signed by Chief Judge Kathryn H. Vratil on 2/28/2012. (ag)
March 22, 2012
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MEMORANDUM AND ORDER sustaining 2711 Motion for Partial Summary Judgment on Conspiracy Claims. The Court grants summary judgment on plaintiffs' civil conspiracy claims in favor of BP Products North America Inc., Circle K Stores, Inc., ConocoPhillips Company, Flying J, Inc., Kum & Go, L.C., QuikTrip Corp. and Equilon Enterprises LLC d/b/a Shell Oil Products. Signed by Chief Judge Kathryn H. Vratil on 3/22/2012. (ag)
April 2, 2012
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MEMORANDUM AND ORDER (Kansas Cases) denying 2705 Motion for Summary Judgment On Plaintiffs KCPA And Unjust Enrichment Claims. Signed by Chief Judge Kathryn H. Vratil on 4/2/2012. (C. Kuhl )
April 24, 2012
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MEMORANDUM AND ORDER sustaining 3806 and 3810 Motion for Final Approval of Class Action Settlement with Costco Wholesale Corporation. The Court approves the proposed amended settlement with Costco. Signed by Chief Judge Kathryn H. Vratil on 4/24/2012. (ag)
April 27, 2012
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MEMORANDUM AND ORDER overruling 2398 Defendant Kum & Go. L.C.'s Partial Motion to Dismiss or, in the alternative, Motion for Summary Judgment on Plaintiffs' CLaim for Injunctive Relief. Signed by Chief Judge Kathryn H. Vratil on 4/27/2012. (ck)
April 30, 2012
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MEMORANDUM AND ORDER (relating to 06-2582 Wilson v. Ampride) sustaining in part 3200 Motion to Strike. The Court sustains the motion for leave to file a surreply, considers plaintiffs proposed surreply as though filed and directs plaintiff to file the surreply. The Court sustains 2418 Circle K's Motion for Summary Judgment. Signed by Chief Judge Kathryn H. Vratil on 4/30/2012. (C. Kuhl, )
May 14, 2012
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MEMORANDUM AND ORDER sustaining in part 2732 Motion for Summary Judgment on the grounds that plaintiffs lack standing (relates to Wilson and American Fiber). Signed by Chief Judge Kathryn H. Vratil on 5/14/2012. (ck)
May 30, 2012
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MEMORANDUM AND ORDER overruling 4306 Motion to Remand; overruling as moot 4316 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Kathryn H. Vratil on 5/30/12. (mm)
June 27, 2012
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MEMORANDUM AND ORDER overruling 4252 Motion in Limine; overruling 4317 Motion for Leave to File reply briefs in support of motins in limine. Signed by Chief Judge Kathryn H. Vratil on 6/27/2012. (mm)
June 27, 2012
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MEMORANDUM AND ORDER overruling 4251 Motion in Limine. Signed by Chief Judge Kathryn H. Vratil on 6/27/2012. (mm)
June 28, 2012
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MEMORANDUM AND ORDER Sustaining in part re 4255 Motion in Limine. The Court sustains Omnibus § II.A. in part; overrules Omnibus § II.B. through II.D.; sustains Omnibus § II.E. in part; overrules Omnibus § II.F. through II.H.; sustains Omnibus § II.I. with respect to the House staff report; overrules Omnibus § II.J. through II.P.; and sustains Omnibus § II.Q. in part. Defendants' Motion For Leave To File Reply Briefs In Support Of 4317 Motions In Limine filed May 29, 2012, be and hereby is OVERRULED with respect to defendants' omnibus motion in limine. Signed by Chief Judge Kathryn H. Vratil on 6/28/2012. (ck)
July 18, 2012
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MEMORANDUM AND ORDER overruling 4254 Motion in Limine to Exclude Evidence Regarding Use of Automatic Temperature Compensation in Canada or other Countries. Defendants' 4317 Motion For Leave To File Reply Briefs In Support Of Motions In Limine is overruled with respect to their Motion to Exclude Evidence that 7-Eleven Canada uses ATC at Retail. Signed by Chief Judge Kathryn H. Vratil on 7/18/2012. (ck)
July 26, 2012
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MEMORANDUM AND ORDER overruling 4330 Motion for Order Directing Entry of a Final Judgment on the 4/24/2012 Ordger Granting Final Approval of the Costco Settlement. Signed by Chief Judge Kathryn H. Vratil on 7/26/2012. (ck)
August 15, 2012
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MEMORANDUM AND ORDER overruling 4243 Motion for Reconsideration. Signed by Chief Judge Kathryn H. Vratil on 8/15/2012. (ck)
August 22, 2012
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MEMORANDUM AND ORDER sustaining in part 4256 Plaintiffs' Motion in Limine. The Court excludes evidence regarding (1) whether certain conduct is "legal," "authorized," "deceptive," "unconscionable," "misleading" or "unfair;" and (2) model rules and regulations which Kansas has not adopted. In addition, Brent may not testify as an expert witness. Signed by Chief Judge Kathryn H. Vratil on 8/22/2012. (ag)
August 23, 2012
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MEMORANDUM AND ORDER overruling 4253 Defendants' Motion in Limine To Preclude Evidence Under First Amendment; overruling 4317 Defendants' Motion for Leave to File Reply Briefs. Signed by Chief Judge Kathryn H. Vratil on 8/23/2012. (ag)
September 28, 2012
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MEMORANDUM AND ORDER sustaining in part and denying in part 4328 Unopposed Motion Of Plaintiffs For Order Conditionally Certifying Settlement Classes, Preliminarily Approving Class Action Settlements, Directing And Approving Distribution Of Class Notice, Setting Hearing For Final Approval Of Class Action Settlements And Appointing Class Counsel. On or before October 12, 2012, the parties shall submit a proposed notice plan. On or before October 5, 2012, the parties shall notify the Court whether they agree to modify the reporting requirements to require the settling defendants to file regular compliance reports with the Court. Plaintiffs' claims against BP Products North America Inc., ConocoPhillips Company, Sam's West, Inc., Equilon Enterprises LLC d/b/a Shell Oil Products US and Valero Marketing and Supply Company in the Kansas cases, i.e. Wilson v. Ampride, Inc., 06-2582-KHV and American Fiber & Cabling, LLC v. PB Prods. N. Am., Inc., 07- 2053-KHV, are hereby set for jury trial on January 7, 2013 at 8:00 a.m. in Courtroom 476. The pretrial filing deadlines set for the in Amended Pretrial Order (Doc. #3809) shall apply except that motions in limine are due November 5, 2012. Signed by Chief Judge Kathryn H. Vratil on 9/28/2012. (ck)
October 3, 2012
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MEMORANDUM AND ORDER re 4420 Jury Trial and Bench Trial - The defendants' act or practice of selling motor fuel by the gallon without disclosing temperature, disclosing the effect of temperature or adjusting for temperature was not unconscionable as defined by K.S.A. § 50-627. Signed by Chief Judge Kathryn H. Vratil on 10/3/2012. Signed by Chief Judge Kathryn H. Vratil on 10/3/2012. Modified on 10/9/2012. (WO) (lak)
November 20, 2012
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MEMORANDUM AND ORDER sustaining in part 4447 Motion to Certify Class and Preliminarily Approve Various Settlements; overruling 4456 Motion to Certify Class and Preliminarily Approve Settlement With Valero. The Court conditionally certifies settlement classes and preliminarily approves the proposed amended settlements with BP, CITGO, ConocoPhillips, Shell, Sinclair, Casey's and Sam's. If ExxonMobil and Valero seek to amend their settlements and join in consolidated notice proceedings with the other settlements, they must file a renewed motion for preliminary approval on or before December 3, 2012. Signed by Chief Judge Kathryn H. Vratil on 11/20/2012. (ag)
December 10, 2012
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MEMORANDUM AND ORDER sustaining 4472 Motion to Certify Classes. The Court conditionally certifies settlement classes and preliminarily approves the proposed amended settlements with ExxonMobil and Valero. On or before December 17, 2012, plaintiffs shall file proposed notice plans for all settlements which the Court has preliminarily approved (Dansk, BP, CITGO, ConocoPhillips, Shell, Sinclair, Casey's, Sam's, ExxonMobil and Valero). Signed by Chief Judge Kathryn H. Vratil on 12/10/2012. (ag)
January 10, 2013
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ORDER re 4483 MOTION for Order Approving Proposed Notice Plan for Pending Class Settlements. On or before January 24, 2013, plaintiffs may (1) submit additional evidence, (2) request an evidentiary hearing or (3) submit a revised proposed notice plan. Signed by Chief Judge Kathryn H. Vratil on 1/10/2013. (ag)
March 19, 2013
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OPINION by Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals, denying the request for a Certificate of Necessity regarding California Cases Lerner, Rushing, and Wyatt. (mg)
April 5, 2013
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MEMORANDUM AND ORDER sustaining in part as described 1088 Motion to Certify Class; sustaining in part as described 1089 Motion to Certify Class; sustaining in part as described 1131 Motion to Certify Class. Signed by Chief Judge Kathryn H. Vratil on 4/5/2013. (mm)
May 6, 2013
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MEMORANDUM AND ORDER that on or before May 8, 2013, the parties shall submit final proposed pretrial orders that conform to each other as described above. The pretrial orders should include all four claims for which the Court has certified a class and should be the same in all substantive respects. Signed by Chief Judge Kathryn H. Vratil on 5/6/2013. (mm)
May 29, 2013
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MEMORANDUM AND ORDER Regarding 4549 Proposed Notice Plans For Class Action Settlements And California Trial Cases. The Court orders plaintiffs to file revised notices and supplemental evidence regarding the proposed notice plan on or before 06/12/2013. Any objections shall be filed no later than 06/17/2013. Signed by Chief Judge Kathryn H. Vratil on 5/29/2013. (mg)
June 28, 2013
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MEMORANDUM AND ORDER overruling Defendants' 4526 Motion To Dismiss Complaint For Lack Of Subject Matter Jurisdiction Pursuant To 28 U.S.C. § 1332(d)(4)(B). Signed by Chief Judge Kathryn H. Vratil on 6/28/2013. (mg)
July 19, 2013
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MEMORANDUM AND ORDER Regarding plaintiffs' 4591 Notice Of Submission Of Revised Notice Plans For Class Action Settlements And California Trial Cases. The Court finds that the proposed notice plan does not meet the requirements of Rule 23. On or before 07/26/2013, plaintiffs may file supplemental information, as outlined in this Memorandum and Order. Signed by Chief Judge Kathryn H. Vratil on 7/19/2013. (mg)
July 19, 2013
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int Notice Of Motion For Summary Judgment On Plaintiffs' Unfair Competition Law And Unjust Enrichment Claims (Wyatt). FURTHER, overruling as moot as to Chevron, 2289 Defendants' Joint Notice Of Motion For Partial Summary Judgment DismissiMEMORANDUM AND ORDER sustaining, as to Chevron, 2584 Defendants' Joint Notice Of Motion For Summary Judgment On Plaintiffs' California Unfair Competition Law, Consumer Legal Remedies Act, Florida Deceptive Trade Practices Act And Breach Of Contract (Rushing), 2302 Defendants' Joint Notice Of Motion For Partial Summary Judgment On Plaintiffs' Duty Of Good Faith And Fair Dealing, Unfair Competition Law And Unjust Enrichment Claims (Lerner), and 2298 Defendants' Jong Plaintiffs' Request For Injunctive Relief, 2292 Refiner Defendants' Joint Notice Of Motion For Partial Summary Judgment, 2305 Defendants' Joint Notice Of Motion For Partial Summary Judgment On Plaintiffs' Civil Conspiracy Claims, 2310 Defendant Chevron U.S.A. Inc.'s Notice Of Motion For Partial Summary Judgment, 2593 Defendants' Motion For Partial Summary Judgment Dismissing Plaintiffs' Requests For Injunctive Relief, and 2602 Refiner Defendants Joint Notice Of Motion For Partial Summary Judgment. Signed by Chief Judge Kathryn H. Vratil on 7/19/2013. (mg)
August 14, 2013
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MEMORANDUM AND ORDER: Defendants' 2584 Joint Notice Of Motion For Summary Judgment On Plaintiffs' California Unfair Competition Law, Consumer Legal Remedies Act, Florida Deceptive Trade Practices Act And Breach Of Contract (Rushing), Defendants' 2302 Joint Notice Of Motion For Partial Summary Judgment On Plaintiffs' Duty Of Good Faith And Fair Dealing, Unfair Competition Law And Unjust Enrichment Claims (Lerner), and Defendants' 2298 Joint Notice Of Motion For Summary Judgment On Plaintiffs' Unfair Competition Law And Unjust Enrichment Claims (Wyatt) be and hereby are SUSTAINED as to Circle K Stores, Inc., Flying J, Inc., Petro Stopping Centers, L.P., Pilot Travel Centers LLC, TravelCenters of America LLC, G&M Oil Company, Inc., G&M Oil Co., LLC, World Oil Corp., United El Segundo, Inc. and 7-Eleven, Inc. IT IS FURTHER ORDERED that Certain Defendants' 2788 Motion For Summary Judgment Based On Lack Of Subject Matter Jurisdiction, Preemption And Related Doctrines,which Circle K Stores, Inc., Flying J Inc., Pilot Travel Centers, LLC and 7-Eleven, Inc. (Rushing), and Certain Defendants' 2820 Motion For Summary Judgment Based On Lack Of Subject Matter Jurisdiction, Preemption And Related Doctrines, which 7-Eleven, Inc. and Circle K Stores, Inc. (Wyatt) be and hereby are OVERRULED in part with respect to defendants' arguments that plaintiffs' claims are not justiciable under the political question doctrine. IT IS FURTHER ORDERED that with regard to the California claims against the nonsettling defendants, the Court will not require plaintiffs to provide notice to the California classes. Signed by Chief Judge Kathryn H. Vratil on 8/14/2013. (mg)
September 6, 2013
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MEMORANDUM AND ORDER - In light of the summary judgment rulings, the Court overrules as moot the following motions: 2603 Defendant Tesoro Refining And Marketing Company's Motion To Dismiss Based On Lack Of Standing; 2683 Defendant's Motion For Summary Judgment On The Grounds That Plaintiff Lacks Standing; 2820 Certain Defendant's Motion For Summary Judgment Based On Lack Of Subject Matter Jurisdiction, Preemption And Related Doctrines; 3478 Plaintiffs' Motion To Strike David Lazier's Declaration And To Exclude David Lazier As A Witness At Trial; and 4518 Defendants 7-Eleven, Inc., Circle K Stores, Inc., Flying J, Inc. And Pilot Travel Centers, LLC's Response To Order Dated March 5, 2013. Signed by Chief Judge Kathryn H. Vratil on 9/6/2013. (mg)
September 20, 2013
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MEMORANDUM AND ORDER sustaining Plaintiffs' 4606 Notice Of Further Submissions Of Information In Support Of Motion For Approval Of Revised Settlement Notice Plan construed as a Motion for Approval of Plaintiffs' Revised Settlement Notice Plan. On or before 09/25/2013, plaintiffs shall file a proposed time line for completing the notice and objection period, as well as the earliest date on which the Court should schedule a final approval hearing. Further, Plaintiffs' 4593 Notice of Submissions Of Revised Notice Plans For Class Action Settlements And California Trial Classes, construed as a Motion for Approval of Plaintiffs' Revised Combined Notice Plan is overruled as moot. Signed by Chief Judge Kathryn H. Vratil on 9/20/2013. (mg)
October 29, 2013
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ORDER TO SHOW CAUSE in Rushing Case, 07-2300-KHV. On or before November 8, 2013, plaintiff Lesley Duke to show cause in writing why (1) the Court should not dismiss his claims without prejudice for lack of subject matter jurisdiction under Section 1332(d)(2) and/or Section 1332(a); (2) why the Court should not sever his claims as to each defendant; and (3) why the Court should not separate his claims as to each different state law, based on considerations of venue and trial convenience. On or before November 15, 2013, defendants may reply to plaintiff's response to this show cause order. Signed by Chief Judge Kathryn H. Vratil on 10/29/2013. (ag)
October 27, 2014
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MEMORANDUM AND ORDER sustaining in part 4724 Motion for Settlement. IT IS FURTHER ORDERED that the Court appoints Robert A. Horn, Thomas V. Girardi and George A. Zelcs as lead counsel and Thomas V. Bender as liaison counsel for the proposed settlement classes. Signed by District Judge Kathryn H. Vratil on 10/27/14. (mm)
January 23, 2015
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MEMORANDUM AND ORDER overruling 4789 Oral MOTION by Costco Wholesale Corporation, under Section 4.7 of its amended settlement agreement with plaintiffs, for leave to adopt the more beneficial terms of the agreements reflected in the Stipulation Of Dismissal (Doc. # 4711 ) filed February 6, 2014, and to have the claims against it dismissed with prejudice. Signed by District Judge Kathryn H. Vratil on 1/23/15. (ag)
August 21, 2015
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MEMORANDUM AND ORDER overruling Plaintiffs' 4837 Motion For Leave to File Under Seal a Certain Exhibit to Their Motion and Memorandum In Support Of Final Approval Of Class Action Settlements. Further, on or before August 28, 2015, plaintiffs shall file Exhibit 51 to Plaintiffs' 4834 Motion and Memorandum In Support Of Final Approval Of Class Action Settlements. Signed by District Judge Kathryn H. Vratil on 08/21/2015. (mg)
August 21, 2015
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MEMORANDUM AND ORDER sustaining Plaintiffs' 4834 Motion and Memorandum in Support of Final Approval of Class Action Settlements. Further, the Court sets deadlines, including a Hearing set for 11/19/2015 at 09:30 AM in Courtroom 476 (KHV) before District Judge Kathryn H. Vratil regarding the 4827 Second Motion For Attorney's Fees and the 1820 Motion For Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards and Memorandum inSupport Thereof. Further sustaining in part 4848 Motion For Leave to File Surreply Regarding Plaintiffs' Supplemental Briefing on Motion For Approval of Attorneys' Fees and Enjoin Objectors From Settling Objections Without Court Approval. The Court grants the Frank Objectors leave to file their surreply. Signed by District Judge Kathryn H. Vratil on 08/21/2015. (Attachments: # (1) Exhibit A - Legal Notice Regarding Settlement) (mg)
August 21, 2015
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MEMORANDUM AND ORDER overruling the letter from Lesley Duke which the Court construes as a pro se 4841 Motion for Miscellaneous Relief. Signed by District Judge Kathryn H. Vratil on 08/21/2015. Mailed to Lesley Duke by regular mail. (mg)
February 17, 2016
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REPORT AND RECOMMENDATIONS re 1820 Plaintiffs' Motion for Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards and 4827 Plaintiffs' Second Motion for Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards. The undersigned Magistrate Judge recommends that Plaintiffs' Motion for Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards be GRANTED IN PART, and that Plaintiffs' Second Motion for Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards be GRANTED. See Report and Recommendations for details. Objections to R&R due by 3/2/2016. Signed by Magistrate Judge Teresa J. James on 2/17/2016. (ts)
August 24, 2016
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MEMORANDUM AND ORDER: The Alcon and Frank Objectors' Objection to 4893 Report and Recommendation and Defendant Costco Wholesale Corporation's 4894Objections to Report and Recommendations of Magistrate on Plaintiffs' Motion For Award Of Attorneys' Fees, Expenses, and Class Representative Incentive Awards are OVERRULED. Plaintiffs' 4895 Partial Objection to Magistrate's February 17, 2016 Report And Recommendation is SUSTAINED. Further, with regard to the Refiner Settlements and non-Costco ATC Settlements, the Court adopts the 4892 magistrate judge Report and Recommendations. With regard to the Costco Settlement the Court awards reasonable attorneys' fees in the amount of $4,000,000, inclusive of attorneys' fees, litigation expenses and class representative incentive payments. The 1820 Motion For Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards and Memorandum in Support Thereof is SUSTAINED in part. Under the Costco settlement, the Court awards reasonable attorneys' fees in the amount of $4,000,000, inclusive of attorneys' fees, litigation expenses and incentive payments of $2,000 to each subclass representative listed in the 4248 Memorandum And Order [Granting Final Approval To Amended Costco Settlement]. Further, the 4827 Second Motion For Award Of Attorneys' Fees, Expenses, And Class Representative Incentive Awards and Memorandum in Support Thereof is SUSTAINED. Under the ATC Settlements, the Court awards reasonable attorneys' fees, including litigation costs and class representative incentive payments. Under the Refiner Settlements of $50,000 or more, the Court awards reasonable attorneys' fees, including litigation costs and class representative incentive payments. Signed by District Judge Kathryn H. Vratil on 8/24/2016. (mg)