u.s. district court district of delaware (wilmington...
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US District Court Civil Docket as of February 12, 2020 Retrieved from the court on February 12, 2020
U.S. District Court District of Delaware (Wilmington)
CIVIL DOCKET FOR CASE #: 1:15-cv-00711-MAK
Hurwitz v. Mullins et al Assigned to: Judge Mark A. Kearney Referred to: Judge Marilyn Heffley (Settlement) Cause: 28:1332 Diversity - Stockholders Suits
Date Filed: 08/18/2015 Date Terminated: 12/14/2018 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question
Plaintiff
Robert Hurwitz on Behalf of Himself and All Others Similarly Situated
represented by Blake A. Bennett Cooch and Taylor The Brandywine Building 1000 N. West Street, 10th Floor Wilmington, DE 19801 302-984-3889 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric M. Carrino Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Nichole T. Browning Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Stephen J. Oddo Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
V.
Defendant
Eric Mullins represented by Brock Elliot Czeschin Richards, Layton & Finger, PA One Rodney Square 920 N. King Street Wilmington, DE 19801
(302) 651-7571 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED David P. Whittlesey Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Travis Steven Hunter Richards, Layton & Finger, PA One Rodney Square Suite 600 920 N. King Street Wilmington, DE 19801 302-651-7564 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant
Charles W. Adcock represented by Brock Elliot Czeschin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David P. Whittlesey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED J. Wiley George UNDELIVERABLE EMAIL 4/4/2018 PRO HAC VICE ATTORNEY TO BE NOTICED Travis Steven Hunter (See above for address) ATTORNEY TO BE NOTICED W. Scott Locher Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Defendant
Jonathan C. Farber represented by Brock Elliot Czeschin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David P. Whittlesey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Travis Steven Hunter (See above for address) ATTORNEY TO BE NOTICED
Defendant
Townes G. Pressler, Jr. represented by Brock Elliot Czeschin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David P. Whittlesey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Travis Steven Hunter (See above for address) ATTORNEY TO BE NOTICED
Defendant
John A. Bailey represented by Brock Elliot Czeschin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David P. Whittlesey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Travis Steven Hunter (See above for address) ATTORNEY TO BE NOTICED
Defendant
Jonathan P. Carroll represented by Brock Elliot Czeschin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David P. Whittlesey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Travis Steven Hunter
(See above for address) ATTORNEY TO BE NOTICED
Defendant
Vanguard Natural Resources LLC TERMINATED: 03/08/2018
represented by Meriwether T. Evans Email: [email protected] TERMINATED: 03/08/2018 PRO HAC VICE ATTORNEY TO BE NOTICED Michael C. Holmes Email: [email protected] TERMINATED: 03/08/2018 PRO HAC VICE ATTORNEY TO BE NOTICED Pilar Gabrielle Kraman Young, Conaway, Stargatt & Taylor LLP Rodney Square 1000 North King Street Wilmington, DE 19801 (302) 576-3586 Email: [email protected] TERMINATED: 03/08/2018 ATTORNEY TO BE NOTICED Robert P. Ritchie Email: [email protected] TERMINATED: 03/08/2018 PRO HAC VICE ATTORNEY TO BE NOTICED Rolin P. Bissell Young, Conaway, Stargatt & Taylor LLP Rodney Square 1000 North King Street Wilmington, DE 19801 (302) 571-6600 Email: [email protected] TERMINATED: 03/08/2018 ATTORNEY TO BE NOTICED
Defendant
Lighthouse Merger Sub, LLC TERMINATED: 04/12/2017
represented by Rolin P. Bissell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pilar Gabrielle Kraman (See above for address) ATTORNEY TO BE NOTICED
Defendant
LRR Energy, L.P. TERMINATED: 03/08/2018
represented by Meriwether T. Evans (See above for address) TERMINATED: 03/08/2018 PRO HAC VICE ATTORNEY TO BE NOTICED Michael C. Holmes (See above for address) TERMINATED: 03/08/2018 PRO HAC VICE ATTORNEY TO BE NOTICED Pilar Gabrielle Kraman (See above for address) TERMINATED: 03/08/2018 ATTORNEY TO BE NOTICED Rolin P. Bissell (See above for address) TERMINATED: 03/08/2018
Defendant
Scott W. Smith represented by Craig E. Zieminski Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey Crough Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Meriwether T. Evans (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Michael C. Holmes (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Pilar Gabrielle Kraman (See above for address) ATTORNEY TO BE NOTICED Rolin P. Bissell (See above for address) ATTORNEY TO BE NOTICED
Defendant
Richard A. Robert represented by Jeffrey Crough (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Meriwether T. Evans (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Michael C. Holmes (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Pilar Gabrielle Kraman (See above for address) ATTORNEY TO BE NOTICED Rolin P. Bissell (See above for address) ATTORNEY TO BE NOTICED
Defendant
W. Richard Anderson represented by Craig E. Zieminski (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey Crough (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Meriwether T. Evans (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Michael C. Holmes (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Pilar Gabrielle Kraman (See above for address) ATTORNEY TO BE NOTICED Rolin P. Bissell
(See above for address) ATTORNEY TO BE NOTICED
Defendant
Bruce W McCullough represented by Craig E. Zieminski (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey Crough (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Meriwether T. Evans (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Michael C. Holmes (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Pilar Gabrielle Kraman (See above for address) ATTORNEY TO BE NOTICED Rolin P. Bissell (See above for address)
Defendant
Loren Singletary represented by Craig E. Zieminski (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey Crough (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Meriwether T. Evans (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Michael C. Holmes (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Pilar Gabrielle Kraman (See above for address) ATTORNEY TO BE NOTICED Rolin P. Bissell (See above for address) ATTORNEY TO BE NOTICED
Date Filed # Docket Text
08/18/2015 1 COMPLAINT filed against Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Lighthouse Merger Sub, LLC, Eric Mullins, Townes G. Pressler, Jr., Vanguard Natural Resources LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 1771675.) - filed by Robert Hurwitz. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(cna) Modified on 8/18/2015 (cna). (Main Document 1 replaced on 8/18/2015) (rwc). (Entered: 08/18/2015)
08/18/2015 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (cna) (Entered: 08/18/2015)
08/18/2015 Summons Issued with Magistrate Consent Notice attached as to Charles W. Adcock on 8/18/2015; John A. Bailey on 8/18/2015; Jonathan P. Carroll on 8/18/2015; Jonathan C. Farber on 8/18/2015; Lighthouse Merger Sub, LLC on 8/18/2015; Eric Mullins on 8/18/2015; Townes G. Pressler, Jr. on 8/18/2015; Vanguard Natural Resources LLC on 8/18/2015. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (cna) (Entered: 08/18/2015)
08/18/2015 CORRECTING ENTRY: Replaced DI# 1 Complaint with a complete version. (rwc) (Entered: 08/18/2015)
08/19/2015 Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rjb) (Entered: 08/19/2015)
09/02/2015 3 MOTION for Pro Hac Vice Appearance of Attorney Nichole T. Browning - filed by Robert Hurwitz. (Bennett, Blake) (Entered: 09/02/2015)
09/02/2015 4 MOTION for Pro Hac Vice Appearance of Attorney Stephen J. Oddo - filed by Robert Hurwitz. (Bennett, Blake) (Entered: 09/02/2015)
09/08/2015 SO ORDERED, re 3 MOTION for Pro Hac Vice Appearance of Attorney Nichole T. Browning filed by Robert Hurwitz, 4 MOTION for Pro Hac Vice Appearance of Attorney Stephen J. Oddo filed by Robert Hurwitz. Signed by Judge Sue L. Robinson on 9/8/2015. (fms) (Entered: 09/08/2015)
09/08/2015 Pro Hac Vice Attorney Stephen J. Oddo, Nichole T. Browning for Robert Hurwitz added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (klc) (Entered: 09/08/2015)
10/30/2015 5 MOTION to Appoint Counsel Motion for Appointment of Plaintiff Robert Hurwitz as Lead Plaintiff and Approval of Lead and Liasion Counsel - filed by Robert Hurwitz. (Attachments: # 1 Text of Proposed Order)(Bennett, Blake) (Entered: 10/30/2015)
10/30/2015 6 MEMORANDUM in Support re 5 MOTION to Appoint Counsel Motion for Appointment of Plaintiff Robert Hurwitz as Lead Plaintiff and Approval of Lead and Liasion Counsel filed by Robert Hurwitz.Answering Brief/Response due date per Local Rules is 11/16/2015. (Bennett, Blake) (Entered: 10/30/2015)
10/30/2015 7 DECLARATION re 5 MOTION to Appoint Counsel Motion for Appointment of Plaintiff Robert Hurwitz as Lead Plaintiff and Approval of Lead and Liasion Counsel by Robert Hurwitz. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Bennett, Blake) (Entered: 10/30/2015)
11/04/2015 8 Letter to Honorable Sue L. Robinson from Blake A. Bennett, Esquire regarding Motion for Appointment of Lead Plaintiff and Lead and Liasion Counsel - re 5 MOTION to Appoint Counsel Motion for Appointment of Plaintiff Robert Hurwitz as Lead Plaintiff and Approval of Lead and Liasion Counsel. (Bennett, Blake) (Entered: 11/04/2015)
12/09/2015 9 Letter to The Honorable Sue L. Robinson from Blake A. Bennett regarding Appointment of Lead Plaintiff and Lead Counsel - re 5 MOTION to Appoint Counsel Motion for Appointment of Plaintiff Robert Hurwitz as Lead Plaintiff and Approval of Lead and Liasion Counsel. (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 12/09/2015)
01/19/2016 10 Letter to The Honorable Sue L. Robinson from Blake A. Bennett regarding Unopposed Motion for Lead Plaintiff and Lead and Liasion Counsel - re 5 MOTION to Appoint Counsel Motion for Appointment of Plaintiff Robert Hurwitz as Lead Plaintiff and Approval of Lead and Liasion Counsel. (Attachments: # 1 Exhibit, # 2 Exhibit)(Bennett, Blake) (Entered: 01/19/2016)
01/20/2016 11 ORDER granting 5 Motion for Appointment of Plaintiff Robert Hurwitz as Lead Plaintiff and Approval of Lead and Liasion Counsel. Signed by Judge Sue L. Robinson on 1/20/2016. (nmfn) (Entered: 01/20/2016)
04/26/2016 12 STATUS REPORT ORDER: Status Report due by 5/26/2016. Signed by Judge Sue L. Robinson on 4/26/2016. (nmfn) (Entered: 04/26/2016)
05/26/2016 13 STATUS REPORT by Robert Hurwitz. (Bennett, Blake) (Entered: 05/26/2016)
05/27/2016 14 Amended STATUS REPORT by Robert Hurwitz. (Bennett, Blake) (Entered: 05/27/2016)
06/22/2016 CORRECTING ENTRY: The Amended Complaint filed at D.I. 15 has been removed from the docket. Counsel should file the amended complaint using the docket event, COMPLAINT - AMENDED, found under INITIAL PLEADINGS AND SERVICE, OTHER PLEADINGS. The newly added defendants should be added to the docket through the docket event. Summonses should not be attached to the amended complaint. The summonses should be submitted in paper form to the Clerk's Office for issuance. (fms) (Entered: 06/22/2016)
06/22/2016 15 AMENDED COMPLAINT against All Defendants - filed by Robert Hurwitz. (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 06/22/2016)
06/23/2016 Summons Issued with Magistrate Consent Notice attached as to W. Richard Anderson on 6/23/2016; LRR Energy, L.P. on 6/23/2016; Bruce W McCullough on 6/23/2016; Richard A. Robert on 6/23/2016; Loren Singletary on 6/23/2016; Scott W. Smith on 6/23/2016. (klc) (Entered: 06/23/2016)
07/27/2016 16 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Eric Mullins waiver sent on 6/24/2016, answer due 8/23/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 17 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Charles W. Adcock waiver sent on 6/24/2016, answer due 8/23/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 18 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Jonathan C. Farber waiver sent on 6/24/2016, answer due 8/23/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 19 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Townes G. Pressler, Jr. waiver sent on 6/24/2016, answer due 8/23/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 20 WAIVER OF SERVICE returned executed by Robert Hurwitz: For John A. Bailey waiver sent on 6/24/2016, answer due 8/23/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 21 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Jonathan P. Carroll waiver sent on 6/24/2016, answer due 8/23/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 22 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Vanguard Natural Resources LLC waiver sent on 6/23/2016, answer due 8/22/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 23 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Lighthouse Merger Sub, LLC waiver sent on 6/23/2016, answer due 8/22/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 24 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Bruce W McCullough waiver sent on 6/28/2016, answer due 8/29/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 25 WAIVER OF SERVICE returned executed by Robert Hurwitz: For W. Richard Anderson waiver sent on 6/28/2016, answer due 8/29/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 26 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Scott W. Smith waiver sent on 6/28/2016, answer due 8/29/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 27 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Loren Singletary waiver sent on 6/28/2016, answer due 8/29/2016. (Bennett, Blake) (Entered: 07/27/2016)
07/27/2016 28 WAIVER OF SERVICE returned executed by Robert Hurwitz: For Richard A. Robert waiver sent on 6/28/2016, answer due 8/29/2016. (Bennett, Blake) (Entered: 07/27/2016)
08/22/2016 29 MOTION to Dismiss for Failure to State a Claim - filed by Charles W. Adcock, W. Richard Anderson, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, LRR Energy, L.P., Lighthouse Merger Sub, LLC, Bruce W McCullough, Eric Mullins, Townes G. Pressler, Jr., Richard A. Robert, Loren Singletary, Scott W. Smith,
Vanguard Natural Resources LLC. (Attachments: # 1 Text of Proposed Order)(Bissell, Rolin) (Entered: 08/22/2016)
08/22/2016 30 OPENING BRIEF in Support re 29 MOTION to Dismiss for Failure to State a Claim filed by Charles W. Adcock, W. Richard Anderson, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, LRR Energy, L.P., Lighthouse Merger Sub, LLC, Bruce W McCullough, Eric Mullins, Townes G. Pressler, Jr., Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC.Answering Brief/Response due date per Local Rules is 9/9/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bissell, Rolin) (Entered: 08/22/2016)
09/09/2016 31 ANSWERING BRIEF in Opposition re 29 MOTION to Dismiss for Failure to State a Claim Plaintiff's Opposition to Defendants' Motion to Dismiss filed by Robert Hurwitz.Reply Brief due date per Local Rules is 9/19/2016. (Bennett, Blake) (Entered: 09/09/2016)
09/19/2016 32 REPLY BRIEF re 29 MOTION to Dismiss for Failure to State a Claim filed by Charles W. Adcock, W. Richard Anderson, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, LRR Energy, L.P., Bruce W McCullough, Eric Mullins, Townes G. Pressler, Jr., Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC. (Bissell, Rolin) (Entered: 09/19/2016)
09/20/2016 33 Letter to The Honorable Sue L. Robinson from Pilar G. Kraman regarding disk of electronic, text searchable copies of Defendants' briefing papers on Motion to Dismiss - re 29 MOTION to Dismiss for Failure to State a Claim , 32 Reply Brief, 30 Opening Brief in Support,,. (Kraman, Pilar) (Entered: 09/20/2016)
10/27/2016 34 NOTICE of Subsequent Authority by Charles W. Adcock, W. Richard Anderson, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, LRR Energy, L.P., Bruce W McCullough, Eric Mullins, Townes G. Pressler, Jr., Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC re 29 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit A)(Bissell, Rolin) (Entered: 10/27/2016)
11/01/2016 35 NOTICE of Subsequent Authority by Robert Hurwitz re 34 Notice (Other), Plaintiff's Response to Defendants' Notice of Subsequent Authority (Bennett, Blake) (Entered: 11/01/2016)
02/23/2017 36 SUGGESTION OF BANKRUPTCY Upon the Record as to Defendants Vanguard Natural Resources, LLC and LRR Energy, L.P. by LRR Energy, L.P., Vanguard Natural Resources LLC. (Yoch, James) (Entered: 02/23/2017)
03/13/2017 37 MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 3/13/2017. (nmfn) (Entered: 03/13/2017)
03/13/2017 38 ORDER denying 29 Motion to Dismiss. Signed by Judge Sue L. Robinson on 3/13/2017. (nmfn) (Entered: 03/13/2017)
03/22/2017 39 NOTICE of Appearance by Travis Steven Hunter on behalf of Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr. (Hunter, Travis) (Entered: 03/22/2017)
03/27/2017 40 ANSWER to Amended Complaint, re: 15 Amended Complaint Answer and Affirmative Defenses to Amended Complaint by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr..(Czeschin, Brock) (Entered: 03/27/2017)
03/27/2017 41 ANSWER to Amended Complaint, re: 15 Amended Complaint by W. Richard Anderson, Lighthouse Merger Sub, LLC, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith.(Bissell, Rolin) (Entered: 03/27/2017)
03/29/2017 42 Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 4/20/2017 at 04:00 PM before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 3/29/2017. (nmfn) (Entered: 03/29/2017)
04/12/2017 43 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Lighthouse Merger Sub, LLC. (Kraman, Pilar) (Entered: 04/12/2017)
04/19/2017 44 PROPOSED ORDER Proposed Complex Case Scheduling Order re 42 Order Setting Scheduling Conference by Robert Hurwitz. (Bennett, Blake) (Entered: 04/19/2017)
04/19/2017 45 MOTION for Pro Hac Vice Appearance of Attorney J. Wiley George and W. Scott Locher - filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Hunter, Travis) (Entered: 04/19/2017)
04/19/2017 46 MOTION for Pro Hac Vice Appearance of Attorney Robert Ritchie - filed by W. Richard Anderson, LRR Energy, L.P., Lighthouse Merger Sub, LLC, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC. (Kraman, Pilar) (Entered: 04/19/2017)
04/20/2017 SO ORDERED, re 45 MOTION for Pro Hac Vice Appearance of Attorney J. Wiley George and W. Scott Locher filed by Townes G. Pressler, Jr., John A. Bailey, Jonathan P. Carroll, Charles W. Adcock, Jonathan C. Farber, Eric Mullins, 46 MOTION for Pro Hac Vice Appearance of Attorney Robert Ritchie filed by Richard A. Robert, Scott W. Smith, LRR Energy, L.P., Vanguard Natural Resources LLC, W. Richard Anderson, Bruce W McCullough, Lighthouse Merger Sub, LLC, Loren Singletary. Signed by Judge Sue L. Robinson on 4/20/2017. (fms) (Entered: 04/20/2017)
04/20/2017 Minute Entry for proceedings held before Judge Sue L. Robinson - Scheduling Conference held on 4/20/2017. (Court Reporter not present.) (nmfn) (Entered: 04/21/2017)
04/21/2017 47 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 11/30/2017. Amended Pleadings due by 11/30/2017. A Discovery Conference is set for 11/14/2017 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson. Fact Discovery completed by 3/30/2018. Expert Discovery due by 7/18/2018. Dispositive Motions due by 8/20/2018. A Final Pretrial Conference is set for 1/24/2019 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson. A Jury Trial is set for 2/11/2019 at 09:00 AM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 4/20/2017. (nmfn) (Entered: 04/21/2017)
04/21/2017 48 ORDER Setting Initial ADR Teleconference: Plaintiff's counsel to initiate the call to 302-573-4557. An Initial ADR Telephone Conference is set for 8/28/2017 at 02:30 PM before Judge Sherry R. Fallon. Signed by Judge Sherry R. Fallon on 4/21/2017. (Polito, Rebecca) (Entered: 04/21/2017)
04/24/2017 Pro Hac Vice Attorney W. Scott Locher and J. Wiley George for Charles W. Adcock added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel
shall be the registered users of CM/ECF and shall be required to file all papers. (nmg) (Entered: 04/24/2017)
04/26/2017 49 MOTION for Pro Hac Vice Appearance of Attorney Eric M. Carrino - filed by Robert Hurwitz. (Bennett, Blake) (Entered: 04/26/2017)
04/26/2017 50 MOTION for Pro Hac Vice Appearance of Attorney Michael C. Holmes, Attorney Craig E. Zieminski and Attorney Meriwether T. Evans - filed by W. Richard Anderson, LRR Energy, L.P., Lighthouse Merger Sub, LLC, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC. (Kraman, Pilar) (Entered: 04/26/2017)
04/27/2017 SO ORDERED, re 49 MOTION for Pro Hac Vice Appearance of Attorney Eric M. Carrino filed by Robert Hurwitz. Signed by Judge Sue L. Robinson on 4/27/2017. (fms) (Entered: 04/27/2017)
04/27/2017 SO ORDERED, re 50 MOTION for Pro Hac Vice Appearance of Attorney Michael C. Holmes, Attorney Craig E. Zieminski and Attorney Meriwether T. Evans filed by Richard A. Robert, Scott W. Smith, LRR Energy, L.P., Vanguard Natural Resources LLC, W. Richard Anderson, Bruce W McCullough, Lighthouse Merger Sub, LLC, Loren Singletary. Signed by Judge Sue L. Robinson on 4/27/2017. (fms) (Entered: 04/27/2017)
04/27/2017 Pro Hac Vice Attorney Eric M. Carrino for Robert Hurwitz added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) (Entered: 04/27/2017)
05/04/2017 51 NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Robert Hurwitz.(Bennett, Blake) (Entered: 05/04/2017)
05/04/2017 52 NOTICE OF SERVICE of Defendants Eric Mullins, Charles W. Adcock, Jonathan C. Farber, Townes G. Pressler, Jr., John A. Bailey and Jonathan P. Carroll's Initial Disclosures filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr..(Hunter, Travis) (Entered: 05/04/2017)
05/04/2017 53 NOTICE OF SERVICE of Initial Disclosures of the Vanguard Individual Defendants filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith.(Kraman, Pilar) (Entered: 05/04/2017)
05/11/2017 54 NOTICE OF SERVICE of Plaintiff's First Request for Production of Documents to Defendants Eric Mullins, Charles W. Adcock, Jonathan C. Farber, Townes G. Pressler, Jr., John A. Bailey, and Jonathan P. Carroll filed by Robert Hurwitz.(Bennett, Blake) (Entered: 05/11/2017)
05/17/2017 55 NOTICE OF SERVICE of Plaintiff's First Request for Production to Defendants Vanguard Natural Resources, LLC, Scott W. Smith, Richard A. Robert, W. Richard Anderson, Bruce W. McCullough and Loren Singletary filed by Robert Hurwitz.(Bennett, Blake) (Entered: 05/17/2017)
05/18/2017 56 STIPULATION and [Proposed] Protective Order by W. Richard Anderson, LRR Energy, L.P., Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC. (Kraman, Pilar) (Main Document 56 replaced on 5/18/2017) (fms). (Entered: 05/18/2017)
05/18/2017 57 STIPULATION TO EXTEND TIME to provide ESI Initial Disclosures to June 16, 2017 - filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Hunter, Travis) (Entered: 05/18/2017)
05/18/2017 CORRECTING ENTRY: D.I. 56 has been removed and replaced with a version that contains a so ordered line for Judge Robinson on page 14. (fms) (Entered: 05/18/2017)
05/19/2017 SO ORDERED, re 56 Stipulation and Protective Order filed by Richard A. Robert, Scott W. Smith, W. Richard Anderson, Bruce W McCullough, Loren Singletary, LRR Energy, L.P., Vanguard Natural Resources LLC, 57 STIPULATION TO EXTEND TIME to provide ESI Initial Disclosures to June 16, 2017 filed by Townes G. Pressler, Jr., John A. Bailey, Jonathan P. Carroll, Charles W. Adcock, Jonathan C. Farber, Eric Mullins. Signed by Judge Sue L. Robinson on 5/19/2017. (fms) (Entered: 05/19/2017)
05/23/2017 58 NOTICE of Service of Subpoenas by Robert Hurwitz (Bennett, Blake) (Entered: 05/23/2017)
05/23/2017 59 NOTICE OF SERVICE of Subpoenas to Testify at a Deposition in a Civil Action filed by Robert Hurwitz.(Bennett, Blake) (Entered: 05/23/2017)
06/12/2017 60 NOTICE OF SERVICE of The LRR Individual Defendants' Objections and Responses to Plaintiff's First Request For Production of Documents filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr..(Hunter, Travis) (Entered: 06/12/2017)
06/16/2017 61 NOTICE OF SERVICE of The LRR Individual Defendants' Disclosures Pursuant to Section 3 of the Delaware Default Standard For Discovery filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr..(Hunter, Travis) (Entered: 06/16/2017)
06/16/2017 62 NOTICE OF SERVICE of 1) The Vanguard Individual Defendants' Disclosures Pursuant to Section 3 of the Default Standard for Discovery; 2) Defendants Scott W. Smith, Richard A. Robert, Richard Anderson, Bruce W. McCullough, and Loren Singletary's Responses and Objections to Plaintiffs' First Request for Production of Documents, and 3) Defendant Vanguard Natural Resources, LLC's Objections to Plaintiff's First Request for Production of Documents filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC.(Kraman, Pilar) (Entered: 06/16/2017)
06/29/2017 63 NOTICE OF SERVICE of Subpoena directed to Piper Jaffray & Co. filed by Robert Hurwitz.(Bennett, Blake) (Entered: 06/29/2017)
07/12/2017 64 NOTICE OF SERVICE of Subpoena directed to Citibank, N.A. filed by Robert Hurwitz.(Bennett, Blake) (Entered: 07/12/2017)
07/25/2017 Case Reassigned to Judge Mark A. Kearney of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MAK) after the case number on all documents filed. (rjb) (Entered: 07/25/2017)
07/31/2017 65 ORDER Setting Status Teleconference: plaintiff's counsel to initiate the call. A Telephone Status Conference is set for 8/2/2017 at 11:45 AM before Judge Mark A. Kearney. Signed by Judge Mark A. Kearney on 7/31/17. (bkb) (Entered: 07/31/2017)
08/02/2017 Minute Entry for proceedings held before Judge Mark A. Kearney - Telephone Conference held on 8/2/2017. (ceg) (Entered: 08/02/2017)
08/02/2017 66 SCHEDULING ORDER: This matter is referred to Magistrate Judge Heffley for all settlement purposes and the April 21, 2017 Order scheduling an ADR Conference (D.I. 48 ) is vacated. ( Fact Discovery completed by 5/4/2017., Expert Discovery due by 5/4/2017., Dispositive Motions on the individual claims and for class certification due by 11/3/2017., Answering Briefs due 11/17/2017., Dispositive Motions on class claims due by 5/11/2018., Answering Briefs due by 5/29/2018. Proposed jury instructions, proposed verdict forms or special interrogatories due by 6/22/2018., Motions in Limine, proposed voir dire, objections to proposed jury instructions and deposition designations due by 6/27/2018., Responses to Motions in Limine due by 7/6/2018., Proposed Pretrial Order due by 6/21/2018., A Final Pretrial Conference is set for 7/19/2018 at 04:30 PM before Judge Mark A. Kearney in Courtroom 6-B, U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106., A Jury Trial is set for 7/30/2018 at 09:00 AM before Judge Mark A. Kearney in Courtroom 6-B, U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106.) Please see the scheduling order for further details and deadlines. Signed by Judge Mark A. Kearney on 8/2/2017. (nmfn) (Entered: 08/03/2017)
08/02/2017 CASE REFERRED to Magistrate Judge Marilyn Heffley for all settlement purposes per D.I. 66 . (nmfn) (Entered: 08/14/2017)
08/08/2017 67 NOTICE OF SERVICE of Vanguard Defendants' First Request for Production of Documents to Plaintiff Robert Hurwitz filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith.(Kraman, Pilar) (Entered: 08/08/2017)
08/10/2017 68 NOTICE OF SERVICE of The LRR Individual Defendants' First Set of Interrogatories and First Request For Production of Documents to Plaintiff filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr..(Hunter, Travis) (Entered: 08/10/2017)
08/15/2017 69 ORDER, Setting Hearings( A Settlement Conference is set for 5/16/2018 at 09:30 AM before Judge Marilyn Heffley, 601 Market Street, Room 4001, Philadelphia, PA 19016.) Please complete the attached confidential settlement conference summary and fax it to Chambers (267) 299-5053 on or before May 9, 2018. See order for further details. Signed by Judge Marilyn Heffley on 8/15/2017. (nmfn) (Entered: 08/15/2017)
08/28/2017 70 NOTICE OF SERVICE of Revised Initial Disclosures filed by Robert Hurwitz.(Bennett, Blake) (Entered: 08/28/2017)
08/31/2017 Minute Entry for proceedings held before Judge Mark A. Kearney - Telephone Conference held on 8/30/2017. (ceg) (Entered: 08/31/2017)
09/07/2017 71 NOTICE OF SERVICE of Plaintiff's Responses and Objections to the Vanguard Defendants' First Requests for Production of Documents to Defendants Scott W. Smith, Richard A. Robert, W. Richard Anderson, Bruce W. McCullough and Loren Singletary filed by Robert Hurwitz.(Bennett, Blake) (Entered: 09/07/2017)
09/11/2017 72 NOTICE OF SERVICE of Plaintiff's Responses and Objections to the LRR Individual Defendants First Set of Interrogatories and First Request for Production of Documents filed by Robert Hurwitz.(Bennett, Blake) (Entered: 09/11/2017)
10/17/2017 73 STIPULATION and Agreed Motion For Extension of Defendants' Response and Deadline For Plaintiff's Reply To Motion For Class Certification by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Attachments: # 1 Text of Proposed Order)(Hunter, Travis) (Entered: 10/17/2017)
10/18/2017 74 ORDER approving 73 STIPULATION and Agreed Motion For Extension of Defendants' Response and Deadline For Plaintiff's Reply To Motion For Class Certification. The August 2, 2017 Order is amended only to provide: 1. Defendants shall respond to Plaintiff's motion for class certification no later than December 1, 2017; 2. Plaintiff may file his reply brief no later than December 8, 2017; and, 3. All other aspects of our August 2, 2017 Order (ECF Doc. No. 66 ) remain in effect. Signed by Judge Mark A. Kearney on 10/18/2017. (nmfn) (Entered: 10/18/2017)
11/02/2017 75 MOTION for Pro Hac Vice Appearance of Attorney Evan H. Lechtman and James T. Smith - filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Evan H. Lechtman, # 3 Declaration of James T. Smith)(Hunter, Travis) (Entered: 11/02/2017)
11/02/2017 76 ORDER granting 75 MOTION for Pro Hac Vice Appearance of Attorney Evan H. Lechtman and James T. Smith filed by Townes G. Pressler, Jr., John A. Bailey, Jonathan P. Carroll, Charles W. Adcock, Jonathan C. Farber, Eric Mullins. Signed by Judge Mark A. Kearney on 11/2/2017. (fms) (Entered: 11/02/2017)
11/02/2017 77 NOTICE to Take Deposition of Robert Hurwitz on November 17, 2017 filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr..(Hunter, Travis) (Entered: 11/02/2017)
11/03/2017 78 MOTION to Certify Class Lead Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel - filed by Robert Hurwitz. (Attachments: # 1 Text of Proposed Order)(Bennett, Blake) (Entered: 11/03/2017)
11/03/2017 79 OPENING BRIEF in Support re 78 MOTION to Certify Class Lead Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel filed by Robert Hurwitz.Answering Brief/Response due date per Local Rules is 11/17/2017. (Bennett, Blake) (Entered: 11/03/2017)
11/03/2017 80 DECLARATION re 78 MOTION to Certify Class Lead Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel by Robert Hurwitz. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Bennett, Blake) (Entered: 11/03/2017)
11/03/2017 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) - filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Attachments: # 1 Text of Proposed Order)(Hunter, Travis) (Entered: 11/03/2017)
11/03/2017 82 OPENING BRIEF in Support re 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr..Answering Brief/Response due date per Local Rules is 11/17/2017. (Hunter, Travis) (Entered: 11/03/2017)
11/03/2017 83 STATEMENT re 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Hunter, Travis) (Entered: 11/03/2017)
11/03/2017 84 APPENDIX re 83 Statement, 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) of Exhibits VOLUME 1 OF 5 by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Hunter, Travis) (Entered: 11/03/2017)
11/03/2017 85 APPENDIX re 83 Statement, 84 Appendix, 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) of Exhibits 18-30 VOLUME 2 OF 5 by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Hunter, Travis) (Entered: 11/03/2017)
11/03/2017 86 APPENDIX re 83 Statement, 85 Appendix, 84 Appendix, 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) of Exhibits 31-36 VOLUME 3 OF 5 by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Hunter, Travis) (Entered: 11/03/2017)
11/03/2017 87 APPENDIX re 83 Statement, 85 Appendix, 84 Appendix, 86 Appendix, 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) of Exhibits 37-41 VOLUME 4 OF 5 by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Hunter, Travis) (Entered: 11/03/2017)
11/03/2017 88 APPENDIX re 87 Appendix, 83 Statement, 85 Appendix, 84 Appendix, 86 Appendix, 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) of Exhibits 42-62 VOLUME 5 OF 5 by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Hunter, Travis) (Entered: 11/03/2017)
11/03/2017 89 MOTION for Summary Judgment on Plaintiff's Individual Claims - filed by W. Richard Anderson, LRR Energy, L.P., Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC. (Attachments: # 1 Text of Proposed Order)(Kraman, Pilar) (Entered: 11/03/2017)
11/03/2017 90 OPENING BRIEF in Support re 89 MOTION for Summary Judgment on Plaintiff's Individual Claims filed by W. Richard Anderson, LRR Energy, L.P., Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC.Answering Brief/Response due date per Local Rules is 11/17/2017. (Kraman, Pilar) (Entered: 11/03/2017)
11/06/2017 91 MOTION for Pro Hac Vice Appearance of Attorney David P. Whittlesey - filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Compliance)(Hunter, Travis) (Entered: 11/06/2017)
11/06/2017 92 ORDER granting 91 MOTION for Pro Hac Vice Appearance of Attorney David P. Whittlesey filed by Townes G. Pressler, Jr., John A. Bailey, Jonathan P. Carroll, Charles W. Adcock, Jonathan C. Farber, Eric Mullins. Signed by Judge Mark A. Kearney on 11/6/2017. (fms) (Entered: 11/06/2017)
11/14/2017 93 ORDER, Setting Hearings (AN Oral Argument is set for 12/12/2017 at 01:00 PM before Judge Mark A. Kearney in Courtroom 6-B, United States Courthouse, 601Market Street, Philadelphia, PA 19106.) Signed by Judge Mark A. Kearney on 11/14/2017. (nmfn) (Entered: 11/14/2017)
11/14/2017 94 STIPULATION TO EXTEND TIME response to defendants' motions for summary judgment to December 1, 2017 - filed by Robert Hurwitz. (Attachments: # 1 Text of Proposed Order)(Bennett, Blake) (Entered: 11/14/2017)
11/15/2017 Pro Hac Vice Attorney David P. Whittlesey for Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, and Townes G. Pressler, Jr. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) (Entered: 11/15/2017)
11/15/2017 95 ORDER: upon considering the parties' Stipulation to allow Plaintiff to file one forty-five (45) page response (ECF Doc. No. 94 ) to Defendants' Motions for summary judgment, and finding good cause without affecting our scheduled oral argument (ECF Doc. No. 93 ), it is ORDERED the parties' Stipulation (ECF Doc. No. 94 ) is APPROVED and Plaintiff may file one memorandum not exceeding forty-five (45) pages no later than December 1, 2017 and Defendants may file reply briefs which, collectively, shall not exceed thirty (30) pages no later than December 8, 2017. Signed by Judge Mark A. Kearney on 11/15/2017. (fms) (Entered: 11/15/2017)
11/15/2017 Set Briefing Schedule per D.I. 95 : re 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a), 89 MOTION for Summary Judgment on Plaintiff's Individual Claims. Answering Brief due 12/1/2017. Reply Brief due 12/8/2017. (fms) (Entered: 11/16/2017)
11/16/2017 Pro Hac Vice Attorney Meriwether T. Evans for W. Richard Anderson, LRR Energy, L.P., Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith and Vanguard Natural Resources LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (nmg) (Entered: 11/16/2017)
11/17/2017 96 ORDER, Re-Setting Hearings per request of plaintiff ( The Oral Argument is rescheduled for 12/19/2017 at 10:30 AM before Judge Mark A. Kearney in Courtroom 6-B, United States Courthouse, 601 Market Street, Philadelphia, PA 19106.) Signed by Judge Mark A. Kearney on 11/17/2017. (nmfn) (Entered: 11/17/2017)
12/01/2017 97 [SEALED] ANSWERING BRIEF in Opposition re 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a), 89 MOTION for Summary Judgment on Plaintiff's Individual Claims filed by Robert Hurwitz.Reply Brief due date per Local Rules is 12/8/2017. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Text of Proposed Order)(Bennett, Blake) (Entered: 12/01/2017)
12/01/2017 98 EXHIBIT re 97 Answering Brief in Opposition, Exhibits 24 - 27 by Robert Hurwitz. (Bennett, Blake) (Entered: 12/01/2017)
12/01/2017 99 [SEALED] DECLARATION re 97 Answering Brief in Opposition, 98 Exhibit to a Document by Robert Hurwitz. (Bennett, Blake) (Entered: 12/01/2017)
12/01/2017 100 [SEALED] STATEMENT re 83 Statement, by Robert Hurwitz. (Bennett, Blake) (Entered: 12/01/2017)
12/01/2017 101 [SEALED] STATEMENT re 97 Answering Brief in Opposition, 99 Declaration, 100 Statement, 98 Exhibit to a Document by Robert Hurwitz. (Bennett, Blake) (Entered: 12/01/2017)
12/01/2017 102 [SEALED] ANSWERING BRIEF in Opposition re 78 MOTION to Certify Class Lead Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel filed by Charles W. Adcock, W. Richard Anderson, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, LRR Energy, L.P., Bruce W McCullough, Eric Mullins, Townes G. Pressler, Jr., Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC.Reply Brief due date per Local Rules is 12/8/2017. (Attachments: # 1 Exhibit A and B)(Kraman, Pilar) (Entered: 12/01/2017)
12/01/2017 103 Joint Letter to The Honorable Mark A. Kearney from Counsel for all parties regarding the parties' filing of their respective briefing papers under seal in order to comply with both the Protective Order and this Court's procedures - re 97 Answering Brief in Opposition, 101 Statement, 102 Answering Brief in Opposition,, 99 Declaration, 100 Statement. (Kraman, Pilar) (Entered: 12/01/2017)
12/04/2017 104 ORDER: The Plaintiff's filings "under seal" (ECF Doc. Nos. 97 , 99 , 100 , 101 ) and Defendants' filing "under seal" (ECF Doc. Nos. 102 ) are STRICKEN without prejudice to promptly move for a narrowly tailored seal on filings if they wish to file under seal and with the parties thereafter granted leave to file oppositions consistent with Pansy and its progeny no later than December 7, 2017 and, as the parties are presently aware of the opposing arguments, nothing in this Order affects reply deadlines defined in our October 18, 2017 and November 15, 2017 Orders (ECF Doc. Nos. 74 , 95 ). Signed by Judge Mark A. Kearney on 12/4/2017. (fms) (Entered: 12/04/2017)
12/04/2017 105 MOTION for Pro Hac Vice Appearance of Attorney Jenny L. Dixon - filed by Robert Hurwitz. (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 12/04/2017)
12/04/2017 106 ORDER granting 105 MOTION for Pro Hac Vice Appearance of Attorney Jenny L. Dixon filed by Robert Hurwitz. Signed by Judge Mark A. Kearney on 12/4/2017. (fms) (Entered: 12/04/2017)
12/07/2017 107 ANSWERING BRIEF in Opposition re 78 MOTION to Certify Class Lead Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel filed by Charles W. Adcock, W. Richard Anderson, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, LRR Energy, L.P., Bruce W McCullough, Eric Mullins, Townes G. Pressler, Jr., Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC.Reply Brief due date per Local Rules is 12/14/2017. (Attachments: # 1 Exhibit A and B)(Kraman, Pilar) (Entered: 12/07/2017)
12/07/2017 108 ANSWERING BRIEF in Opposition re 89 MOTION for Summary Judgment on Plaintiff's Individual Claims, 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) filed by Robert Hurwitz.Reply Brief due date per Local Rules is 12/14/2017. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Text of Proposed Order)(Bennett, Blake) (Entered: 12/07/2017)
12/07/2017 109 DECLARATION re 108 Answering Brief in Opposition,, by Robert Hurwitz. (Bennett, Blake) (Entered: 12/07/2017)
12/07/2017 110 STATEMENT re 83 Statement, Lead Plaintiff's Response to Defendants' Statement of Undisputed Summary Judgment Facts by Robert Hurwitz. (Bennett, Blake) (Entered: 12/07/2017)
12/07/2017 111 STATEMENT re 108 Answering Brief in Opposition,, Lead Plaintiff's Statement of Additional Material Facts by Robert Hurwitz. (Bennett, Blake) (Entered: 12/07/2017)
12/08/2017 112 ORDER re 108 Answering Brief in Opposition; It is ORDERED Plaintiff shall, on or before December 12, 2017: show particularized harm and good cause for redacting portions of Exhibit PX 02 (ECF Doc. No. 108-1) in a memorandum not exceeding five (5) pages or file PX-02 under a notice supplementing the Appendix (ECF Doc. No. 108-1 ). ORDER, Setting Deadlines: ( Notice of Compliance deadline set for 12/12/2017.) Signed by Judge Mark A. Kearney on 12/8/2017. (nmfn) (Entered: 12/08/2017)
12/08/2017 113 REPLY BRIEF re 78 MOTION to Certify Class Lead Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel Lead Plaintiff's Reply Brief in Support of Motion for Class Certification and Appointment of Class Representative and Class Counsel filed by Robert Hurwitz. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Bennett, Blake) (Entered: 12/08/2017)
12/08/2017 114 REPLY BRIEF re 89 MOTION for Summary Judgment on Plaintiff's Individual Claims, 81 MOTION for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed. R. Civ. P. 56(a) filed by Charles W. Adcock, W. Richard Anderson, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, LRR Energy, L.P., Bruce W McCullough, Eric Mullins, Townes G. Pressler, Jr., Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC. (Kraman, Pilar) (Entered: 12/08/2017)
12/12/2017 115 RESPONSE to Order re 112 Order,, Set Deadlines, Lead Plaintiff's Agree Motion Showing Good Cause for Filing Redacted Lead Plaintiff's Exhibit 2 filed by Robert Hurwitz. (Bennett, Blake) (Entered: 12/12/2017)
12/12/2017 116 ORDER re 115 Response to Order, It is ORDERED Plaintiff's Motion (ECF Doc. No. 115 ) is DENIED without prejudice for Defendants, should they wish, to file a Memorandum describing the particularized harm and good cause for redacting portions of PX 02 no later than December 14, 2017 or we will order Plaintiff to file PX 02 without redaction no later than December 15, 2017. Signed by Judge Mark A. Kearney on 12/12/2017. (nmfn) (Entered: 12/12/2017)
12/15/2017 117 ORDER re 116 Order. Upon considering our December 12, 2017 Order allowing Defendants to file a Memorandum describing the particularized harm and good cause for redacting portions of PX 02 (ECF Doc. No. 116 ) and finding Defendants have not filed any such Memorandum, it is ORDERED Plaintiff shall file PX 02 without redaction no later than December 15, 2017. Signed by Judge Mark A. Kearney on 12/15/2017. (fms) (Entered: 12/15/2017)
12/15/2017 118 NOTICE of Supplement to Appendix of Exhibits by Robert Hurwitz re 117 Order, Notice of Supplement to Appendix of Exhibits in Support of Lead Plaintiff's Opposition to the LRE Director Defendants' Motion for Summary Judgment on Plaintiff's Individual Claims Pursuant to Fed R. Civ. P. 56(a) and the Vanguard
Defendants' Motion for Summary Judgment on Plaintiff's Individual Claims, Volume 1 (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 12/15/2017)
12/19/2017 Minute Entry for proceedings held before Judge Mark A. Kearney - Oral Argument held on 12/19/2017. (Court Reporter Lynn McCloskey.) (nmfn) (Entered: 12/19/2017)
12/22/2017 Pro Hac Vice Attorney Robert P. Ritchie for Vanguard Natural Resources LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) (Entered: 12/22/2017)
12/22/2017 Pro Hac Vice Attorney Michael C. Holmes for W. Richard Anderson, LRR Energy, L.P., Bruce W McCullough, Richard A. Robert, Loren Singletary,Scott W. Smith, Vanguard Natural Resources LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) (Entered: 12/22/2017)
01/02/2018 119 ORDER re 81 Motion for Summary Judgment ; 89 Motion for Summary Judgment. Defendants' Motions (ECF Doc. No. 81 , 89 ) are DENIED without prejudice to be renewed consistent with Paragraph 8 of our August 2, 2017 Order (ECF Doc. No. 66 ) if discovery shows there are no genuine issues of material fact precluding judgment as a matter of law in Defendants' favor. Signed by Judge Mark A. Kearney on 12/29/2017. (fms) (Entered: 01/02/2018)
01/02/2018 120 ORDER granting 78 Motion to Certify Class. As soon as possible and no later than January 16, 2018, Plaintiff's counsel shall file a motion under our Policies to approve a form and protocol for notice to the Class to satisfy the terms and due process required under Rule 23, including fully describing both parties' position on any remaining irreconcilable objection to the negotiated notice. (See order for further details). Signed by Judge Mark A. Kearney on 1/2/2018. (fms) (Entered: 01/02/2018)
01/10/2018 121 NOTICE to Take Deposition of Eric Mullins on January 23, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 01/10/2018)
01/10/2018 122 SUBPOENA filed by Robert Hurwitz directed to Caerus Oil and Gas, LLC for 01/30/2018 (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 01/10/2018)
01/16/2018 123 AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Action served on Caerus Oil and Gas, LLC on 1/10/2018, filed by Robert Hurwitz. (Bennett, Blake) (Entered: 01/16/2018)
01/16/2018 124 MOTION to Certify Class Class Representative's Uncontested Motion for Entry of an Order Approving Notice of Pendency of Class Action, Notice Procedures, and Appointment of Notice Administrator - filed by Robert Hurwitz. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Bennett, Blake) (Entered: 01/16/2018)
01/16/2018 125 PROPOSED ORDER Granting Class Representative's Uncontested Motion for Entry of An Order Approving Notice of Pendency of Class Action, Notice Procedures, and Appointment of Notice Administrator re 124 MOTION to Certify Class Class Representative's Uncontested Motion for Entry of an Order Approving Notice of Pendency of Class Action, Notice Procedures, and Appointment of Notice Administrator by Robert Hurwitz. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Bennett, Blake) (Entered: 01/16/2018)
01/17/2018 126 ORDER granting 124 Class Representative's Uncontested Motion for Entry of an Order Approving Notice of Pendency of Class Action, Notice Procedures, and Appointment of Notice Administrator. Signed by Judge Mark A. Kearney on 1/17/2018. (nmfn) (Entered: 01/18/2018)
01/19/2018 127 NOTICE to Take Deposition of Ryan Midgett on February 6, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 01/19/2018)
01/31/2018 128 NOTICE OF SERVICE of Vanguard Defendants' First Set of Interrogatories to Plaintiff Robert Hurwitz filed by W. Richard Anderson, LRR Energy, L.P., Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC.(Kraman, Pilar) (Entered: 01/31/2018)
02/01/2018 129 MOTION for Pro Hac Vice Appearance of Attorney David W. Uris - filed by Robert Hurwitz. (Bennett, Blake) (Entered: 02/01/2018)
02/01/2018 130 ORDER granting 129 MOTION for Pro Hac Vice Appearance of Attorney David W. Uris. Signed by Judge Mark A. Kearney on 2/1/2018. (nmfn) (Entered: 02/01/2018)
02/09/2018 131 NOTICE OF SERVICE of Plaintiff's Second Request for Production Directed to Defendants Eric Mullins, Charles W. Adcock, Jonathon C. Farber, Townes G. Pressler, Jr., John A. Bailey and Jonathon P. Carroll filed by Robert Hurwitz.(Bennett, Blake) (Entered: 02/09/2018)
02/09/2018 132 NOTICE OF SERVICE of Plaintiff's Second Request for Production Directed to Defendants Vanguard Natural Resources,. LLC, Scott W. Smith, Richard A. Robert, W. Richard Anderson, Bruce W. McCullough and Loren Singletary filed by Robert Hurwitz.(Bennett, Blake) (Entered: 02/09/2018)
02/09/2018 133 NOTICE to Take Deposition of Jonathan Farber on February 28, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 02/09/2018)
02/12/2018 134 Official Transcript of Oral Argument held on 12/19/2018 before Judge Kearney. Court Reporter Lynn McCloskey. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2018. Redacted Transcript Deadline set for 3/15/2018. Release of Transcript Restriction set for 5/14/2018. (ceg) (Entered: 02/12/2018)
02/20/2018 135 NOTICE to Take Deposition of John Bailey on March 8, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 02/20/2018)
02/26/2018 136 NOTICE to Take Deposition of Jonathan Farber on 02/28/2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 02/26/2018)
03/07/2018 137 STIPULATION of Dismissal of Vanguard Natural Resources, LLC and LRR Energy, L.P. With Prejudice by W. Richard Anderson, LRR Energy, L.P., Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith, Vanguard Natural Resources LLC. (Attachments: # 1 Exhibit A and B)(Yoch, James) (Entered: 03/07/2018)
03/08/2018 138 ORDER approving 137 Stipulation of Dismissal of Vanguard Natural Resources LLC and LRR Energy, L.P. LRR Energy, L.P. and Vanguard Natural Resources LLC terminated. Signed by Judge Mark A. Kearney on 3/8/2018. (crb) (Entered: 03/08/2018)
03/12/2018 139 NOTICE OF SERVICE of LRR Individual Defendants' Objections and Responses to Plaintiff's Second Request For Production of Documents filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr..(Hunter, Travis) (Entered: 03/12/2018)
03/13/2018 140 NOTICE OF SERVICE of Plaintiff's Responses and Objections to Vanguard Defendants' First Set of Interrogatories filed by Robert Hurwitz.(Bennett, Blake) (Entered: 03/13/2018)
03/15/2018 141 NOTICE to Take Deposition of Richard A. Robert on March 30, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 03/15/2018)
03/15/2018 142 NOTICE to Take Deposition of Jaime Casas on April 5, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 03/15/2018)
03/19/2018 143 NOTICE of Subpoena by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith (Attachments: # 1 Subpoena directed to Broadridge Financial Solutions Inc.)(Kraman, Pilar) (Entered: 03/19/2018)
03/20/2018 144 NOTICE OF SERVICE of The Vanguard Individual Defendants' Responses and Objections to Plaintiffs' Second Request for Production of Documents filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith.(Kraman, Pilar) (Entered: 03/20/2018)
03/22/2018 145 NOTICE OF SERVICE of 1) Vanguard Defendants' First Requests for Admission to Plaintiff Robert Hurwitz, and 2) Vanguard Defendants' Second Request for Production of Documents to Plaintiff Robert Hurwitz filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith.(Kraman, Pilar) (Entered: 03/22/2018)
04/03/2018 146 NOTICE to Take Deposition of Mark Carnes on April 18, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/03/2018)
04/03/2018 147 AFFIDAVIT of Jose C. Fraga Regarding the Dissemination of Notice of Pendency of Class Action filed by Robert Hurwitz. (Bennett, Blake) (Entered: 04/03/2018)
04/04/2018 148 NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories Directed to Defendants Scott W. Smith, Richard A. Robert, W. Richard Anderson, Bruce W. McCullough and Loren Singletary filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/04/2018)
04/04/2018 149 NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories Directed to Defendants Eric Mullins, Charles W. Adcock, Jonathon C. Farber, Townes G. Pressler, Jr., John A. Bailey and Jonathon P. Carroll filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/04/2018)
04/04/2018 150 NOTICE of Subpoena by Robert Hurwitz Notice of Subpoena directed to Lime Rock Resources (Bennett, Blake) (Entered: 04/04/2018)
04/10/2018 151 STIPULATION to Amend Case Caption by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith. (Kraman, Pilar) (Entered: 04/10/2018)
04/10/2018 152 MOTION to Amend/Correct 41 Answer to Amended Complaint - filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order, # 4 Certificate of Service)(Kraman, Pilar) (Entered: 04/10/2018)
04/10/2018 153 NOTICE OF SERVICE of Expert Report of Torben Voetmann filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith.(Kraman, Pilar) (Entered: 04/10/2018)
04/11/2018 154 NOTICE OF SERVICE of Expert Report of G. William Kennedy; Expert Report of Matthew R. Morris; Expert Report of Lesa S. Adair filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/11/2018)
04/11/2018 155 ORDER approving 151 STIPULATION to Amend Case Caption. Signed by Judge Mark A. Kearney on 4/11/2018. (crb) (Entered: 04/11/2018)
04/11/2018 156 MOTION for Leave to File Amended Answer to Plaintiff's Amended Class Action Complaint - filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order, # 4 Certification Pursuant to D. Del. Local Rule 7.1.1)(Hunter, Travis) (Entered: 04/11/2018)
04/13/2018 157 NOTICE to Take Deposition of Scott W. Smith on April 26, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/13/2018)
04/16/2018 158 RESPONSE to Motion re 156 MOTION for Leave to File Amended Answer to Plaintiff's Amended Class Action Complaint Plaintiff's Opposition to The Vanguard Defendants' Motion for Leave to File Amended Answer and Affirmative Defenses to Plaintiff's Amended Class Action Complaint filed by Robert Hurwitz. (Attachments: # 1 Text of Proposed Order)(Bennett, Blake) (Entered: 04/16/2018)
04/16/2018 159 RESPONSE to Motion re 156 MOTION for Leave to File Amended Answer to Plaintiff's Amended Class Action Complaint Plaintiff's Opposition to The LRE Defendants' Motion for Leave to File Amended Answer and Affirmative Defenses to Plaintiff's Amended Class Action Complaint filed by Robert Hurwitz. (Attachments: # 1 Text of Proposed Order)(Bennett, Blake) (Entered: 04/16/2018)
04/17/2018 160 ORDER, Vanguard Defendants' Motion to Amend/Correct 152 and LRE Defendants' Motion for Leave to File Amended Answer 156 are GRANTED. (Setting Deadlines: Amended Answers due by 4/19/2018). Signed by Judge Mark A. Kearney on 4/17/2018. (ceg) (Entered: 04/17/2018)
04/18/2018 161 NOTICE of Change of Firm and Address by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr. (Hunter, Travis) (Entered: 04/18/2018)
04/18/2018 162 Joint MOTION to Amend/Correct 66 Order,,,,, Scheduling Order,,,, - filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Hunter, Travis) (Entered: 04/18/2018)
04/18/2018 163 ORDER granting 162 Joint MOTION to Amend/Correct 66 Scheduling Order. AMENDED SCHEDULING ORDER: ( Fact Discovery completed by 6/6/2018., Expert Discovery due by 6/6/2018., Dispositive Motions on class claims due by 6/8/2018., Answering Brief due 6/25/2018., Motions in Limine due by 7/6/2018., Responses to Motions in Limine due by 7/16/2018., Proposed Pretrial Memorandum, Proposed Jury Instructions on substantive issues and Proposed Verdict Forms or Special Interrogatories due by 7/6/2018.) All other obligations in our August 2, 2017 Order 66 remain in effect. Signed by Judge Mark A. Kearney on 4/18/2018. (nmfn) (Entered: 04/18/2018)
04/18/2018 164 AMENDED ANSWER to 15 Amended Complaint by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith. (Kraman, Pilar) (Entered: 04/18/2018)
04/18/2018 165 AMENDED ANSWER to 15 Amended Complaint by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Hunter, Travis) (Entered: 04/18/2018)
04/20/2018 166 NOTICE to Take Deposition of Jeffrey Ard on May 1, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/20/2018)
04/20/2018 167 NOTICE to Take Deposition of Richard A. Robert on May 2, 2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/20/2018)
04/24/2018 168 NOTICE to Take Deposition of Chad Michael on 05/08/2018 filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/24/2018)
04/24/2018 169 NOTICE OF SERVICE of Plaintiff's Responses and Objections to Vanguard Defendants' Second Requests for Production of Documents filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/24/2018)
04/24/2018 170 NOTICE OF SERVICE of Plaintiff's Responses and Objections to Vanguard Defendants' First Requests for Admissions filed by Robert Hurwitz.(Bennett, Blake) (Entered: 04/24/2018)
05/01/2018 171 AMENDED Conference Order: Settlement Conference has been RESCHEDULED for June 26, 2018 at 09:30 a.m. before the Honorable Marilyn Heffley, United States Magistrate Judge, U.S. Courthouse, 601 Market Street, Room 4001, Philadelphia, PA 19106. See order for further details. Signed by Judge Marilyn Heffley on 5/1/2018. (ceg) (Entered: 05/01/2018)
05/22/2018 172 Letter to The Honorable Mark A. Kearney from Blake A. Bennett, Esquire regarding Agreement in Principle to settle. (Bennett, Blake) (Entered: 05/22/2018)
06/14/2018 173 ORDER, terminating Hearings: The settlement conference scheduled for Tuesday, June 26, 2018 is cancelled. Signed by Judge Marilyn Heffley on 6/14/2018. (crb) (Entered: 06/14/2018)
06/27/2018 174 STIPULATION Stipulation of Settlement by Robert Hurwitz. (Attachments: # 1 Exhibit, # 2 Exhibit)(Bennett, Blake) (Entered: 06/27/2018)
06/27/2018 175 MOTION for Settlement Class Representative's Unopposed Motion for Preliminary Approval of Settlement - filed by Robert Hurwitz. (Attachments: # 1 Text of Proposed Order)(Bennett, Blake) (Entered: 06/27/2018)
06/27/2018 176 OPENING BRIEF in Support re 175 MOTION for Settlement Class Representative's Unopposed Motion for Preliminary Approval of Settlement Class Representative's Brief in Support of Unopposed Motion for Preliminary Approval of Settlement filed by Robert Hurwitz.Answering Brief/Response due date per Local Rules is 7/11/2018. (Attachments: # 1 Exhibit, # 2 Exhibit)(Bennett, Blake) (Entered: 06/27/2018)
06/28/2018 177 ORDER Setting Hearing on Motion 175 MOTION for Settlement Class Representative's Unopposed Motion for Preliminary Approval of Settlement :( A Motion Hearing is set for 7/18/2018 at 12:00 PM before Judge Mark A. Kearney in Courtroom 6B, United States Courthouse, 601 Market Street, Philadelphia, PA 19106), ORDER, Re-Setting Scheduling Order Deadlines ( Motions in Limine due by 7/20/2018., Responses to Motions in Limine due by 7/27/2018., Proposed Pretrial
Memoranda, Exchange of Exhibit Lists, Proposed Jury Instructions, Proposed Verdict Forms, Proposed Voir Dire due by 7/20/2018.) Signed by Judge Mark A. Kearney on 6/28/2018. (nmf) (Entered: 06/28/2018)
07/03/2018 178 Joint MOTION Joint Motion to Continue Scheduling Order Deadlines and Trial Pending Ruling Upon the Parties' Settlement - filed by Charles W. Adcock, John A. Bailey, Jonathan P. Carroll, Jonathan C. Farber, Eric Mullins, Townes G. Pressler, Jr.. (Attachments: # 1 Text of Proposed Order Order)(Hunter, Travis) (Entered: 07/03/2018)
07/05/2018 179 ORDER denying without prejudice 178 Joint MOTION to Continue Scheduling Order Deadlines and Trial Pending Ruling Upon the Parties' Settlement. Signed by Judge Mark A. Kearney on 7/5/2018. (crb) (Entered: 07/05/2018)
07/09/2018 180 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey Crough - filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Kraman, Pilar) (Entered: 07/09/2018)
07/10/2018 181 ORDER granting 180 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey Crough. Signed by Judge Mark A. Kearney on 7/10/2018. (crb) (Entered: 07/10/2018)
07/11/2018 Pro Hac Vice Attorney Jeffrey Crough for W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) (Entered: 07/11/2018)
07/11/2018 Pro Hac Vice Attorney Craig E. Zieminski for W. Richard Anderson, Bruce W McCullough, Loren Singletary, Scott W. Smith added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) (Entered: 07/11/2018)
07/11/2018 182 STIPULATION Settlement re 174 Stipulation Addendum to Stipulation of Settlement by Robert Hurwitz. (Bennett, Blake) (Entered: 07/11/2018)
07/11/2018 183 MOTION for Settlement Class Representative's Amended Unopposed Motion for Preliminary Approval of Settlement - filed by Robert Hurwitz. (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 07/11/2018)
07/11/2018 184 OPENING BRIEF in Support re 183 MOTION for Settlement Class Representative's Amended Unopposed Motion for Preliminary Approval of Settlement Class Representative's Brief in Support of Amended Unopposed Motion for Preliminary Approval of Settlement filed by Robert Hurwitz.Answering Brief/Response due date per Local Rules is 7/25/2018. (Attachments: # 1 Exhibit, # 2 Exhibit)(Bennett, Blake) (Entered: 07/11/2018)
07/11/2018 185 DECLARATION re 182 Stipulation Declaration of Stephen J. Oddo in Support of Addendum to the Stipulation of Settlement and Class Representative's Amended Unopposed Motion for Preliminary Approval of Settlement by Robert Hurwitz. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Bennett, Blake) (Entered: 07/11/2018)
07/12/2018 186 ORDER denying as moot 175 Motion for Settlement. 183 Amended Motion shall be considered in the scheduled July 18, 2018 preliminary approval hearing.. Signed by Judge Mark A. Kearney on 7/12/2018. (jcs) (Entered: 07/12/2018)
07/18/2018 Minute Entry for proceedings held before Judge Mark A. Kearney - Motion Hearing held on 7/18/2018 re 183 MOTION for Settlement Class Representative's Amended Unopposed Motion for Preliminary Approval of Settlement filed by Robert Hurwitz. (Court Reporter Ulrike Hevener, ESR.) (nmf) (Entered: 07/18/2018)
07/18/2018 187 ORDER re 183 MOTION for Settlement Class Representative's Amended Unopposed Motion for Preliminary Approval of Settlement. Plaintiff may file a supplement to the pending unopposed Motion for approval with supporting materials no later than July 25, 2018. SCHEDULING ORDER: (Proposed Verdict Forms, Proposed Voir Dire, Proposed Jury Instructions and Motions in Limine due by 1/7/2019., Responses to Motions in Limine due by 1/17/2019., A Final Pretrial Conference is set for 1/25/2019 at 12:00 PM before Judge Mark A. Kearney in Courtroom 6B, United States Courthouse, 601 Market Street, Philadelphia, PA 19106., A Jury Trial is set for 2/4/2019 at 09:00 AM before Judge Mark A. Kearney in Courtroom 6B, United States Courthouse, 601 Market Street, Philadelphia, PA 19106.) Signed by Judge Mark A. Kearney on 7/18/2018. (nmf) (Entered: 07/18/2018)
07/25/2018 188 STIPULATION Settlement re 182 Stipulation Second Addendum to Stipulation of Settlement by Robert Hurwitz. (Bennett, Blake) (Entered: 07/25/2018)
07/25/2018 189 MEMORANDUM in Support re 183 MOTION for Settlement Class Representative's Amended Unopposed Motion for Preliminary Approval of Settlement Unopposed Supplement to Class Representative's Amended Unopposed Motion for Preliminary Approval of Settlement filed by Robert Hurwitz.Answering Brief/Response due date per Local Rules is 8/8/2018. (Attachments: # 1 Exhibit, # 2 Exhibit)(Bennett, Blake) (Entered: 07/25/2018)
07/25/2018 190 DECLARATION re 189 MEMORANDUM in Support, Declaration of Stephen J. Oddo in Support of Unopposed Supplement to Class Representative's Amended Unopposed Motion for Preliminary Approval of Settlement by Robert Hurwitz. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Bennett, Blake) (Entered: 07/25/2018)
07/27/2018 191 ORDER granting 174 Stipulation. A Final Approval Hearing is set for 12/14/2018 at 12:30 PM before Judge Mark A. Kearney in Courtroom 6B in the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106). Signed by Judge Mark A. Kearney on 7/26/2018. (SEE ORDER FOR FURTHER DETAILS) (crb) (Entered: 07/27/2018)
07/31/2018 192 ORDER granting D.I. 183 Motion for Settlement consistent with the July 26, 2018 Order preliminarily approving settlement (ECF Doc. No. 191 ). Signed by Judge Mark A. Kearney on 7/31/2018. (nmg) (Entered: 07/31/2018)
08/01/2018 193 Official Transcript of Motion Hearing held on 7/18/2018 before Judge Kearney. Court Reporter/Transcriber Gillian Lawrence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/22/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 10/30/2018. (ceg) (Entered: 08/01/2018)
10/12/2018 194 AFFIDAVIT of Brian Stone Regarding (A) Mailing of the Settlement Notice and Proof of Claim; (B) Publication of Summary Notice; and (C) Update to Website filed by Robert Hurwitz. (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 10/12/2018)
11/02/2018 195 MOTION Notice of Motion and Class Representative's Moton for (1) Final Approva l of Class Action Settlement and Plan of Allocation; and (2) An Award of Attorneys' Fees and Expenses and Class Representative's Service Award re 174 Stipulation, 188 Stipulation, 182 Stipulation - filed by Robert Hurwitz. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Exhibit 1 to Proposed Final Judgment and Order of Dismissal with Prejudice, # 3 Text of Proposed Order, # 4 Text of Proposed Order)(Bennett, Blake) (Entered: 11/02/2018)
11/02/2018 196 OPENING BRIEF in Support re 195 MOTION Notice of Motion and Class Representative's Moton for (1) Final Approva l of Class Action Settlement and Plan of Allocation; and (2) An Award of Attorneys' Fees and Expenses and Class Representative's Service Award re 174 St filed by Robert Hurwitz.Answering Brief/Response due date per Local Rules is 11/16/2018. (Bennett, Blake) (Entered: 11/02/2018)
11/02/2018 197 OPENING BRIEF in Support re 195 MOTION Notice of Motion and Class Representative's Moton for (1) Final Approva l of Class Action Settlement and Plan of Allocation; and (2) An Award of Attorneys' Fees and Expenses and Class Representative's Service Award re 174 St filed by Robert Hurwitz.Answering Brief/Response due date per Local Rules is 11/16/2018. (Bennett, Blake) (Entered: 11/02/2018)
11/02/2018 198 DECLARATION re 195 MOTION Notice of Motion and Class Representative's Moton for (1) Final Approva l of Class Action Settlement and Plan of Allocation; and (2) An Award of Attorneys' Fees and Expenses and Class Representative's Service Award re 174 St Declaration of Stephen J. Oddo with Exhibits by Robert Hurwitz. (Bennett, Blake) (Entered: 11/02/2018)
11/02/2018 199 DECLARATION re 195 MOTION Notice of Motion and Class Representative's Moton for (1) Final Approva l of Class Action Settlement and Plan of Allocation; and (2) An Award of Attorneys' Fees and Expenses and Class Representative's Service Award re 174 St Declaration of Blake A. Bennett by Robert Hurwitz. (Bennett, Blake) (Entered: 11/02/2018)
11/02/2018 200 DECLARATION re 195 MOTION Notice of Motion and Class Representative's Moton for (1) Final Approva l of Class Action Settlement and Plan of Allocation; and (2) An Award of Attorneys' Fees and Expenses and Class Representative's Service Award re 174 St Declaration of Class Representative Robert Hurwitz by Robert Hurwitz. (Bennett, Blake) (Entered: 11/02/2018)
11/27/2018 201 MOTION for Pro Hac Vice Appearance of Attorney Marisa Secco - filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Kraman, Pilar) (Entered: 11/27/2018)
11/27/2018 202 ORDER granting D.I. 201 Motion to Appear Pro Hac Vice of Attorney Marisa Secco. Signed by Judge Mark A. Kearney on 11/27/2018. (ceg) (Entered: 11/27/2018)
12/07/2018 203 REPLY BRIEF re 195 MOTION Notice of Motion and Class Representative's Moton for (1) Final Approva l of Class Action Settlement and Plan of Allocation; and (2) An Award of Attorneys' Fees and Expenses and Class Representative's Service Award re
174 St filed by Robert Hurwitz. (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 12/07/2018)
12/14/2018 Minute Entry for proceedings held before Judge Mark A. Kearney - Motion Hearing held on 12/14/2018 re 195 Motion for Approval. Motion taken under advisement. Orders to follow. (ceg) (Entered: 12/14/2018)
12/14/2018 204 JUDGMENT ORDER: The Class Representative's unopposed Motion (ECF Doc. No. 195 ) is GRANTED. Judgment is entered in favor of Plaintiffs and against Defendants (see Order for further details) (*CASE CLOSED). Signed by Judge Mark A. Kearney on 12/14/2018. (ceg) (Entered: 12/14/2018)
12/19/2018 205 Joint MOTION to Amend the Judgment re 204 Judgment, - filed by W. Richard Anderson, Bruce W McCullough, Richard A. Robert, Loren Singletary, Scott W. Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kraman, Pilar) (Entered: 12/19/2018)
12/19/2018 206 ORDER: The Joint Motion to Amend the Judgment (D.I. 205 ) is GRANTED in part as to all proposed amendments but DENIED as to this Court "finding" facts as to the conduct of the settling parties and their respective counsel as we lack evidentiary basis under Fed. R. Civ. P. 52. Signed by Judge Mark A. Kearney on 12/19/2018. (ceg) (Entered: 12/19/2018)
12/19/2018 207 AMENDED JUDGMENT ORDER (*consistent with Order granting parties' Joint Motion to Amend 206 ). Signed by Judge Mark A. Kearney on 12/19/2018. (ceg) (Entered: 12/19/2018)
09/09/2019 208 Official Transcript of Trial held on 12/14/2018 before Judge Mark A. Kearney. Court Reporter/Transcriber Neal R. Gross, Telephone number 202-234-4433. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (lak) (Entered: 09/09/2019)
10/07/2019 209 Letter to Judge Mark A. Kearney from non-party, Martin Katcher regarding settlement in this case. (amf) (Entered: 10/08/2019)
10/08/2019 210 ORDER - Upon review of alleged claimant Martin Katcher's request for information (ECF Doc. No. 209 ), and upon reviewing the plan of allocation with a disbursement as soon as reasonably practicable after the initial settlement payments (ECF Doc. No. 198 (p. 149 of 161)), it is ORDERED Plaintiff's counsel shall, on or before October 15, 2019, file a status memorandum not exceeding five pages of the pending distributions and respond to Mr. Katcher's concern (ECF Doc. No. 209 ). Signed by Judge Mark A. Kearney on 10/8/2019. (nmg) (Entered: 10/08/2019)
10/15/2019 211 STATUS REPORT Class Representative's Status Memorandum Regarding Pending Distributions and Response to Martin Katcher's Concern by Robert Hurwitz. (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 10/15/2019)
01/21/2020 212 MOTION for Disbursement of Funds Class Representative's Motion for Class Distribution - filed by Robert Hurwitz. (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 01/21/2020)
01/21/2020 213 DECLARATION re 212 MOTION for Disbursement of Funds Class Representative's Motion for Class Distribution Declaration of Jordan Broker in Support of Motion for
Distribution of the Net Settlement Amount by Robert Hurwitz. (Attachments: # 1 Exhibit)(Bennett, Blake) (Entered: 01/21/2020)
01/31/2020 214 ORDER - the Class Representative's Motion for Class Distribution (ECF Doc. No. 212) is GRANTED IN PART. Signed by Judge Mark A. Kearney on 1/31/2020. (*See attached Order for further details) (amf) (Entered: 01/31/2020)
02/11/2020 215 Letter to Judge Mark A. Kearney dated 2/7/2020 from non-party, Martin Katcher regarding settlement in this case. (lak) (Entered: 02/11/2020)
02/12/2020 216 ORDER, Lead Counsel shall mail a copy of our January 31, 2020 Order (ECF.Doc. No. 214 ) and this Order to Mr. Katcher on or before February 14, 2020. Signed by Judge Mark A. Kearney on 2/12/2020. (lak) (Entered: 02/12/2020)
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