Passmore v. Vertex Energy, Inc. et al
| William Passmore and William C. Passmore |
| Vertex Energy, Inc., Benjamin P. Cowart and Chris Carlson |
| 1:2023cv00128 |
| April 13, 2023 |
| US District Court for the Southern District of Alabama |
| Terry F Moorer |
| Katherine P Nelson |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
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Filing 27
TEXT-ONLY ORDER re: #25 Disclosure Statement filed by Vertex Energy, Inc. Said disclosure statement does not satisfy Fed. R. Civ. P. 7.1 (applicable to any "nongovernmental corporate party") because it fails to "identif[y] any parent corporation and any publicly held corporation owning 10% or more of its stock; or []state[] that there is no such corporation." Fed. R. Civ. P. 7.1(a)(1). It also does not satisfy S.D. Ala. CivLR 7.1 (applicable to "[a]ll non-governmental artificial entities appearing as parties") because it fails to "identify all parents, subsidiaries, partners, members, managers, trustees, affiliates, and similarly related persons and entities[,]" or state there are none. S.D. Ala. CivLR 7.1(b). Vertex Energy, Inc. is ORDERED to file an amended disclosure statement that satisfies both rules, using this Court's current, recently amended form (https://www.alsd.uscourts.gov/sites/alsd/files/forms/CivilDisclosureStatement.pdf), no later than 6/23/2023. Signed by Magistrate Judge Katherine P. Nelson on 6/16/2023. (ctn)
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| Filing 25 Corporate Disclosure Statement filed by Defendants Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc., Vertex Energy, Inc. identifying Corporate Parent Vertex Energy, Inc. for Vertex Energy, Inc... (Graham, Allen) |
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Filing 26
Order re: #21 , #23 MOTION for Consolidation, Appointment of Lead Plaintiff, and Approval of Lead Plaintiff's Selection of Counsel. The parties should file their briefs in support of or in opposition of the respective motions on or before 6/30/2023. Any replies should be filed by 7/7/2023. Signed by District Judge Terry F. Moorer on 6/14/23. (tot)
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| Filing 24 Document endorsed NOTED by District Judge Terry F. Moorer: #22 Corporate Disclosure Statement filed by William C. Passmore. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (tot) |
| MOTIONS REFERRED: #21 MOTION to Consolidate Cases , for Appointment of Lead Plaintiff, and Approval of Lead Plaintiff's Selection of Lead Counsel; and #23 MOTION to Consolidate Cases , Appointment as Co-Lead Plaintiffs, and Approval of Selection of Counsel; Memorandum of Law in Support Referred to Judge Terry F. Moorer. (mab) |
| Filing 23 MOTION to Consolidate Cases , Appointment as Co-Lead Plaintiffs, and Approval of Selection of Counsel; Memorandum of Law in Support filed by Phil Levson. (Attachments: #1 Affidavit of James B. Eubank, #2 Exhibit A - Damages Analysis, #3 Exhibit B - PSLRA Notice, #4 Exhibit C - Certs and Scheds A, #5 Exhibit D - Joint Declaration, #6 Exhibit E - Pomerantz Firm Bio, #7 Exhibit F - Beasley Allen Firm Bio, #8 Text of Proposed Order) (Eubank, James) |
| Filing 22 Corporate Disclosure Statement filed by Plaintiff William C. Passmore. (Jackson, Sidney) |
| Filing 21 MOTION to Consolidate Cases , for Appointment of Lead Plaintiff, and Approval of Lead Plaintiff's Selection of Lead Counsel filed by William C. Passmore. (Attachments: #1 Affidavit of Sidney W. Jackson, III, #2 Exhibit A - Wire, #3 Exhibit B - Certification, #4 Exhibit C - Estimate of Losses, #5 Exhibit D - Declaration of William C. Passmore, #6 Text of Proposed Order) (Jackson, Sidney) |
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Filing 20
ORDER GRANTING #15 Motion for Ashwin J. Ram to Appear Pro Hac Vice, #16 Motion for Elizabeth Cassady to Appear Pro Hac Vice, & #17 Motion for Evan Goldstick to Appear Pro Hac Vice as set out. Signed by District Judge Terry F. Moorer on 5/16/23. (tot)
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| Filing 19 NOTICE of Filing Exhibits Certificate of Good Standing by Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc. re: #16 MOTION and APPLICATION for Elizabeth Cassady to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala (Cassady, Elizabeth) |
| REFERRAL OF #19 NOTICE of Filing Certificate of Good Standing re: #16 Motion and Application to Judge Moorer. (mab) |
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Filing 18
ORDER GRANTING parties' #9 Joint Stipulation & Motion of All Parties Regarding Service, Scheduling & Pleading as set out. Dfts are not required to respond to Plf's initial Complaint. Within 14 days after the date the Court appoints Lead Plf in this action, Dfts & Lead Plf shall confer & file a joint proposed schedule w/the Court as set out. Signed by Magistrate Judge Katherine P. Nelson on 5/12/23. (tot)
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| MOTIONS REFERRED: #16 MOTION and APPLICATION for Elizabeth Cassady to Appear Pro Hac Vice; Referred to Judge Terry F. Moorer (Note: need Certificate of Good Standing issued by federal court.) (mab) |
| MOTIONS REFERRED: #15 MOTION and APPLICATION for Ashwin J. Ram to Appear Pro Hac Vice; and #17 MOTION and APPLICATION for Evan Goldstick to Appear Pro Hac Vice; Referred to Judge Terry F. Moorer. (mab) |
| Filing 17 MOTION and APPLICATION for Evan Goldstick to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3199478, Online Credit Card Payment) filed by Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc.. (Attachments: #1 Certificate of Good Standing) (Goldstick, Evan) |
| Filing 16 MOTION and APPLICATION for Elizabeth Cassady to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3199475, Online Credit Card Payment) filed by Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc.. (Attachments: #1 Certificate of Good Standing) (Cassady, Elizabeth) |
| Filing 15 MOTION and APPLICATION for Ashwin J. Ram to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3199472, Online Credit Card Payment) filed by Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc.. (Attachments: #1 Certificate of Good Standing) (Ram, Ashwin) |
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Filing 14
TEXT-ONLY ORDER: Defendant Vertex Energy, Inc., Benjamin P. Cowart, & Chris Carlson's #13 Motion for Extension of Time is GRANTED. Defendants' answers are due 5/23/2023. Signed by District Judge Terry F. Moorer on 5/9/23. (tot)
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| Filing 13 MOTION for Extension of Time to File Answer filed by All Defendants. (Graham, Allen) |
| REFERRAL OF #13 MOTION for Extension of Time to File Answer to Judge Moorer. (tot) |
| Filing 12 NOTICE of Appearance by William E. Shreve, Jr on behalf of All Defendants (Shreve, William) |
| Filing 11 NOTICE of Appearance by Allen E. Graham on behalf of All Defendants (Graham, Allen) |
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Filing 10
ENDORSED ORDER deferring ruling on #9 MOTION of All Parties Regarding Service, Scheduling, and Pleading until counsel for the Defendants formally enters an appearance. Signed by Magistrate Judge Katherine P. Nelson on 5/3/2023. (ctn)
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| MOTIONS REFERRED: #9 Joint Stipulation & MOTION of All Parties Regarding Service, Scheduling, and Pleading referred to Judge Katherine P. Nelson. (tot) |
| Filing 9 MOTION of All Parties Regarding Service, Scheduling, and Pleading filed by William C. Passmore. (Jackson, Sidney) |
| Filing 8 Case Reassigned to District Judge Terry F. Moorer. Magistrate Judge Katherine P. Nelson no longer assigned to the case. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix TFM-N after the case number on all future pleadings. (tgw) |
| Answer due from Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc. pursuant to FRCP 12(a). (tgw) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Vertex Energy, Inc. on 04/18/2023, filed by William C. Passmore. (Jackson, Sidney) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Benjamin Cowart on 04/18/2023, filed by William C. Passmore. (Jackson, Sidney) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Chris Carlson on 04/18/2023, filed by William C. Passmore. (Jackson, Sidney) |
| Filing 4 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment Form) (tgw) |
| Filing 3 Service Notice entered 4/14/2023. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 5/30/2023. (tgw) |
| Filing 2 Summons Issued as to Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc.. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (tgw) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number AALSDC-3183812, Online Credit Card Payment), filed by William Passmore. 90 day Rule 4m deadline set for 7/12/2023. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons) (Jackson, Sidney) |
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