Levson v. Vertex Energy, Inc. et al
| Phil Levson |
| Vertex Energy, Inc., Benjamin P. Cowart and Chris Carlson |
| William C. Passmore, Eric Bender, Nader Misri, Guillermo Marti and Frank J. Zeman |
| 1:2023cv00197 |
| May 26, 2023 |
| US District Court for the Southern District of Alabama |
| Kristi K DuBose |
| Bert W Milling |
| Katherine P Nelson |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 MOTION Motion of Eric Bender and Nader Misri for Appointment as Lead Plaintiff and Appointment of Lead and Liaison Counsel filed by Eric Bender, Nader Misri. (Attachments: #1 Affidavit Declaration of Steven L. Nicholas, #2 Exhibit Ex 1 to Declaration of Steven L. Nicholas, #3 Text of Proposed Order Proposed Order) (Nicholas, Steven) |
Filing 34
ORDER setting Status Conference via Video Teleconference for 8/1/2023 at 01:30 PM before District Judge Terry F. Moorer, as set out. Counsel for all movants and parties are directed to attend and should be prepared to discuss timelines for pending consolidation, lead plaintiff, and lead counsel motions. Signed by District Judge Terry F. Moorer on 07/21/23. (cjr)
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| MOTIONS REFERRED: #35 MOTION Motion of Eric Bender and Nader Misri for Appointment as Lead Plaintiff and Appointment of Lead and Liaison Counsel, per case 23-cv-128-TFM. Referred to Judge Terry F. Moorer. (meh) |
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Filing 33
ENDORSED ORDER granting #30 Motion to Appear Pro Hac Vice, as supplemented by #32 Notice. Signed by Magistrate Judge Katherine P. Nelson on 7/20/2023. (pdo)
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| REFERRAL OF #32 Notice, to Judge Nelson. (fz) |
| MOTIONS REFERRED: #30 MOTION and APPLICATION for Peretz Bronstein to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. Referred to Judge Katherine P. Nelson. (fz) |
| REFERRAL OF #31 Memorandum in Opposition,, to Judge Moorer. (fz) |
| Filing 32 NOTICE by Phil Levson re #30 MOTION and APPLICATION for Peretz Bronstein to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. (Bronstein, Peretz) |
| Filing 31 Memorandum in Opposition re #9 MOTION to Consolidate Cases , for Appointment of Lead Plaintiff, and Approval of Lead Plaintiff's Selection of Lead Counsel, #11 MOTION to Consolidate Cases , Appointment as Co-Lead Plaintiffs, and Approval of Selection of Counsel; Memorandum of Law in Support filed by Eric Bender, Nader Misri. (Attachments: #1 Exhibit Declaration of Steven L. Nicholas, #2 Exhibit Ex 1 to Declaration of Steven L. Nicholas, #3 Exhibit Ex 2 to Declaration of Steven L. Nicholas) (Nicholas, Steven) |
| Filing 30 MOTION and APPLICATION for Peretz Bronstein 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-3228767, Online Credit Card Payment) filed by Phil Levson. (Attachments: #1 Certificate of Good Standing) (Bronstein, Peretz) |
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Filing 29
TEXT-ONLY ORDER on #28 Second Amended Disclosure Statement filed by Vertex Energy, Inc. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 7/5/2023. (ctn)
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| Filing 28 Corporate Disclosure Statement filed by Defendants Vertex Energy, Inc., Vertex Energy, Inc. identifying Corporate Parent Vertex Energy, Inc. for Vertex Energy, Inc... (Graham, Allen) |
| REFERRAL OF #27 Memorandum in Opposition to Judge Moorer (per case 23-cv-128-TFM). (jmr) |
| Filing 27 Memorandum in Opposition re 23 Order,,,,, Set Deadlines,,,, #21 Order Setting Motion Deadline/Hearing, filed by Eric Bender, Nader Misri. (Nicholas, Steven) |
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Filing 26
Order re: #24 Corporate Disclosure Statement filed by Benjamin P. Cowart, Vertex Energy, Inc., Chris Carlson. Vertex is ORDERED to file, NLT 7/5/2023, a second supplemental disclosure statement, as set out. Signed by Magistrate Judge Katherine P. Nelson on 6/26/2023. (meh)
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| Filing 25 NOTICE by Eric Bender, Nader Misri Notice of Filing of Motion for Appointment as Lead Plaintiffs and Approval of Counsel in Related Action (Attachments: #1 Exhibit) (Nicholas, Steven) |
| Filing 24 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 23
TEXT-ONLY ORDER re: #20 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 22 WAIVER OF SERVICE Returned Executed by Phil Levson. All Defendants. (Eubank, James) |
| Filing 20 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) |
| Filing 19 MOTION Joint Stipulation and Motion of All Parties Regarding Service, Scheduling and Pleading filed by All Defendants. (Graham, Allen) |
| MOTIONS REFERRED: #19 MOTION Joint Stipulation and Motion of All Parties Regarding Service, Scheduling and Pleading . Referred to Judge Terry F. Moorer, per case 23-cv-128-TFM. (meh) |
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Filing 21
Order re: #9 , #11 MOTION for Consolidation, Appointment of Lead Plaintiff, and Approval of Lead Plaintiff's Selection of Lead 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 18 This action has been transferred from the docket of Magistrate Judge Bert W. Milling, Jr and is now assigned to the docket of Magistrate Judge Katherine P. Nelson. 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 KD-N after the case number on all future pleadings. (clr) |
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Filing 17
ENDORSED ORDER GRANTING #14 Motion for Elizabeth Cassady to Appear Pro Hac Vice; GRANTING #15 Motion for Ashwin Ram to Appear Pro Hac Vice; GRANTING #16 Motion for Evan Goldstick to Appear Pro Hac Vice. Signed by Magistrate Judge Bert W. Milling, Jr on 6/14/2023. (clr)
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| Filing 16 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 BALSDC-3218082, Online Credit Card Payment) filed by Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc.. (Attachments: #1 Certificate of Good Standing) (Goldstick, Evan) |
| Filing 15 MOTION and APPLICATION for Ashwin 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-3218041, Online Credit Card Payment) filed by Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc.. (Attachments: #1 Certificate of Good Standing) (Ram, Ashwin) |
| Filing 14 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-3217995, Online Credit Card Payment) filed by Chris Carlson, Benjamin P. Cowart, Vertex Energy, Inc.. (Attachments: #1 Certificate of Good Standing) (Cassady, Elizabeth) |
| Filing 13 NOTICE of Appearance by William E. Shreve, Jr on behalf of All Defendants (Shreve, William) |
| Filing 12 NOTICE of Appearance by Allen E. Graham on behalf of All Defendants (Graham, Allen) |
| MOTIONS REFERRED: #9 MOTION to Consolidate Cases , for Appointment of Lead Plaintiff, and Approval of Lead Plaintiff's Selection of Lead Counsel, and #11 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, per case 23-cv-128-TFM. (meh) |
| MOTIONS REFERRED: #15 MOTION and APPLICATION for Ashwin Ram to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR, and #16 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. G Referred to Judge Bert W. Milling, Jr. (meh) |
| MOTIONS REFERRED: #14 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. Referred to Judge Bert W. Milling, Jr. (meh) |
| Filing 11 MOTION to Consolidate Cases , Appointment as Co-Lead Plaintiffs, and Approval of Selection of Counsel; Memorandum of Law in Support filed by Guillermo Marti, Frank J. Zeman. (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) Modified on 6/28/2023 (tot). |
| Filing 10 Corporate Disclosure Statement filed by Movant William C. Passmore. (Jackson, Sidney) |
| Filing 9 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 8
ENDORSED ORDER granting #6 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Bert W. Milling, Jr on 6/2/23. (cmj)
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Filing 7
ENDORSED ORDER granting #5 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Bert W. Milling, Jr on 6/2/23. (cmj)
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| Filing 6 MOTION and APPLICATION for Jeremy A. Lieberman 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. filed by Phil Levson. (Lieberman, Jeremy) |
| MOTIONS REFERRED: #6 MOTION and APPLICATION for Jeremy A. Lieberman to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. A Referred to Judge Bert W. Milling, Jr. (meh) |
| MOTIONS REFERRED: #5 MOTION and APPLICATION for J. Alexander Hood II to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Referred to Judge Bert W. Milling, Jr. (meh) |
| Filing 5 MOTION and APPLICATION for J. Alexander Hood II 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. filed by Phil Levson. (Hood, Joseph) |
| Filing 4 MOTION and APPLICATION for J. Alexander Hood II 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-3209792, Online Credit Card Payment) filed by Phil Levson. (Hood, Joseph) |
| Filing 3 MOTION and APPLICATION for Jeremy A. Lieberman 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-3209780, Online Credit Card Payment) filed by Phil Levson. (Lieberman, Jeremy) |
| MOTIONS REFERRED: #4 MOTION and APPLICATION for J. Alexander Hood II to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D., #3 MOTION and APPLICATION for Jeremy A. Lieberman to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. A Referred to Judge Bert W. Milling, Jr. (meh) |
| 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. (meh) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number AALSDC-3208350, Online Credit Card Payment), filed by All Plaintiffs. 90 day Rule 4m deadline set for 8/24/2023. (Attachments: #1 Civil Cover Sheet, #2 Schedule A, #3 Certification, #4 Summons, #5 Summons, #6 Summons) (Eubank, James) |
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