Subramanian v. Watford et al
| Eswaran Subramanian and Ultra Petroleum Investor Group |
| David W. Honeyfield, Michael D. Watford, Jerald J. Stratton, Jr., Garland R. Shaw, C. Bradley Johnson, Ultra Petroleum, Inc., Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc. and Evan Lederman |
| Michael Altman, Harold Weber, Paul Lauritano, Terrance W. Michael, Bala Settu, Sankar Karuppasamy, Dennis Slaight, Margaret Anne Slaight, Guomin Mao, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Yoav Givon and Andrew Bussom |
| 1:2020cv02652 |
| September 1, 2020 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Regina M Rodriguez |
| Scott T Varholak |
| Nina Y Wang |
| Securities, Commodities, Exchange |
| 15 U.S.C. § 78 Securities Exchange Act |
| Plaintiff |
Docket Report
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| Filing 106 RESPONSE to Objection to #102 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #87 MOTION to Dismiss the Second Amended Class Action Complaint filed by Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc., #84 MOTION to Dismiss filed by Michael D. filed by Defendants Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc., C. Bradley Johnson, Evan Lederman, Michael D. Watford. (Holman, David) |
| Filing 105 RESPONSE to Objection to #102 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #87 MOTION to Dismiss the Second Amended Class Action Complaint filed by Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc., #84 MOTION to Dismiss filed by Michael D. filed by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) |
| Filing 104 DEFENDANTS' OBJECTION to #102 Report and Recommendations by Defendants Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc., C. Bradley Johnson, Evan Lederman, Michael D. Watford. (Holman, David) Modified on 12/6/2022 to correct text (trvo, ). |
| Filing 103 PLAINTIFFS' OBJECTION to #102 Report and Recommendations to Grant Defendants' Motions to Dismiss the Complaint filed by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) Modified on 12/6/2022 to add text (trvo, ). |
| Filing 102 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Scott T. Varholak on 21 November 2022. For the reasons set forth above, the Court RECOMMENDS that: the Motion for Judicial Notice #85 be GRANTED IN PART and DENIED IN PART; the Motions to Dismiss [# #84 , #86 , #87 ] be GRANTED to the extent that they seek dismissal of the Complaint; the Complaint be DISMISSED WITHOUT PREJUDICE; and Plaintiffs be given fourteen (14) days from an order on this Recommendation to file a proposed amended complaint. (cmadr, ) |
| Filing 101 REASSIGNING OF JUDGE. This action is reassigned to Judge Nina Y. Wang upon her appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Wang is located in Courtroom 502 in the Alfred A. Arraj Courthouse and her chambers is in A-532. Her telephone number is (303) 335-2600. All future pleadings should be designated at 20-cv-02652-NYW-STV. (Text Only Entry) (rvill, ) |
| Filing 100 REPLY to Response to #87 MOTION to Dismiss the Second Amended Class Action Complaint filed by Defendant Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc.. (Attachments: #1 Declaration of M. Peller, #2 Exhibit A - Article)(Sadighi, Sheila) |
| Filing 99 REPLY to Response to #86 MOTION to Dismiss for Failure to State a Claim filed by Defendant Evan Lederman. (Polubinski, Edmund) |
| Filing 98 REPLY to Response to #85 MOTION for Order to for Judicial Notice regarding Doc. Nos. [84-2 through 84-13] filed in support of the Motion to Dismiss filed by Defendants C. Bradley Johnson, Michael D. Watford. (Holman, David) |
| Filing 97 REPLY to Response to #84 MOTION to Dismiss filed by Defendants C. Bradley Johnson, Michael D. Watford. (Holman, David) |
Filing 96
ORDER granting Defendants' #94 Unopposed Motion to Extend the Page Limit. Accordingly, Defendants' Reply Brief in Support of #84 Motion to Dismiss may be up to 25 pages in length. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/7/22. Text Only Entry(stvlc3, Andrew)
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| Filing 95 MEMORANDUM regarding #94 Unopposed MOTION for Leave to File Excess Pages For Reply Brief in Support of Motion to Dismiss filed by Michael D. Watford, C. Bradley Johnson. Motion referred to Magistrate Judge Scott T. Varholak, by Judge Regina M. Rodriguez on 7/6/2022. Text Only Entry (rmrja) |
| Filing 94 Unopposed MOTION for Leave to File Excess Pages For Reply Brief in Support of Motion to Dismiss by Defendants C. Bradley Johnson, Michael D. Watford. (Holman, David) |
| Filing 93 RESPONSE to #85 MOTION for Order to for Judicial Notice regarding Doc. Nos. [84-2 through 84-13] filed in support of the Motion to Dismiss filed by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) |
| Filing 92 DECLARATION of Jeffrey A. Berens regarding Response to Motion, #91 by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Attachments: #1 Exhibit 13 (Transcript), #2 Exhibit 14 (Screenshot))(Berens, Jeffrey) |
| Filing 91 RESPONSE to #87 MOTION to Dismiss the Second Amended Class Action Complaint, #84 MOTION to Dismiss , #86 MOTION to Dismiss for Failure to State a Claim filed by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) |
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Filing 90
ORDER granting #89 Unopposed Motion for Leave to File Excess Pages. Plaintiffs are GRANTED leave to file excess pages, not to exceed 50 pages, in their combined response to Defendants' #84 #86 #87 motions to dismiss. SO ORDERED by Judge Regina M. Rodriguez on 6/28/2022. Text Only Entry(rmrja)
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| Filing 89 Unopposed MOTION for Leave to File Excess Pages by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Attachments: #1 Proposed Order (PDF Only))(Apton, Adam) |
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Filing 88
MEMORANDUM regarding #87 MOTION to Dismiss the Second Amended Class Action Complaint filed by Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc., #84 MOTION to Dismiss filed by Michael D. Watford, C. Bradley Johnson, #86 MOTION to Dismiss for Failure to State a Claim filed by Evan Lederman, #85 MOTION for Order to for Judicial Notice regarding Doc. Nos. [84-2 through 84-13] filed in support of the Motion to Dismiss filed by Michael D. Watford, C. Bradley Johnson. Motions referred to Magistrate Judge Scott T. Varholak, by Judge Regina M. Rodriguez on 6/9/2022. Text Only Entry (rmrja)
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| Filing 87 MOTION to Dismiss the Second Amended Class Action Complaint by Defendant Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sadighi, Sheila) |
| Filing 86 MOTION to Dismiss for Failure to State a Claim by Defendant Evan Lederman. (Polubinski, Edmund) |
| Filing 85 MOTION for Order to for Judicial Notice regarding Doc. Nos. [84-2 through 84-13] filed in support of the Motion to Dismiss by Defendants C. Bradley Johnson, Michael D. Watford. (Holman, David) |
| Filing 84 MOTION to Dismiss by Defendants C. Bradley Johnson, Michael D. Watford. (Attachments: #1 Affidavit Declaration of David Holman in Support of Motion to Dismiss, #2 Exhibit Ex 1 to Declaration of D. Holman, #3 Exhibit Ex 2 to Declaration of D. Holman, #4 Exhibit Ex 3 to Declaration of D. Holman, #5 Exhibit Ex 4 to Declaration of D. Holman, #6 Exhibit Ex 5 to Declaration of D. Holman, #7 Exhibit Ex 6 to Declaration of D. Holman, #8 Exhibit Ex 7 to Declaration of D. Holman, #9 Exhibit Ex 8 to Declaration of D. Holman, #10 Exhibit Ex 9 to Declaration of D. Holman, #11 Exhibit Ex 10 to Declaration of D. Holman, #12 Exhibit Ex 11 to Declaration of D. Holman, #13 Exhibit Ex 12 to Declaration of D. Holman)(Holman, David) |
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Filing 83
ORDER granting #82 Unopposed Motion to Extend the Page Limit for Motion to Dismiss. Defendants Michael Watford and Bradley Johnson are GRANTED leave to file excess pages, not to exceed 25 pages, to their Motion to Dismiss. SO ORDERED by Judge Regina M. Rodriguez on 6/6/2022. Text Only Entry(rmrja)
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| Filing 82 Unopposed MOTION for Leave to Extend the Page Limit for Motion to Dismiss by Defendants C. Bradley Johnson, Michael D. Watford. (Attachments: #1 Proposed Order (PDF Only))(Holman, David) |
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Filing 81
ORDER finding as moot #65 Motion to Dismiss, pursuant to 77 . SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/25/22. Text Only Entry(stvlc3, Andrew)
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Filing 80
ORDER finding as moot #64 Motion to Dismiss, pursuant to 77 . SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/25/22. Text Only Entry(stvlc3, Andrew)
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Filing 79
ORDER finding as moot #63 Motion for Judicial Notice, pursuant to 77 . SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/25/22. Text Only Entry(stvlc3, Andrew)
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Filing 78
ORDER finding as moot #62 Motion to Dismiss, pursuant to 77 . SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/25/22. Text Only Entry(stvlc3, Andrew)
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Filing 77
ORDER granting in part and denying in part #75 Motion to Amend the Complaint. The Motion is GRANTED to the extent that it seeks to amend the Complaint. The Clerk of Court is directed to enter Dkt. No. 75-2 as the Second Amended Complaint in this matter. The Motion is DENIED to the extent that it seeks for the Motions to Dismiss the original Complaint to remain pending. Typically, "a pleading that has been amended under Rule 15(a) supersedes the pleading it modifies." Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990) (internal quotation marks omitted). The Court is not inclined to confuse the docket by attempting to rule on several different motions to dismiss keyed to different complaints. Accordingly, #62 , #64 , and #65 Motions to Dismiss and #63 Motion for Judicial Notice are DENIED AS MOOT. The parties may file renewed Motions to Dismiss incorporating their previous arguments to their new arguments. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/25/22. Text Only Entry(stvlc3, Andrew)
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| Filing 76 MEMORANDUM regarding #75 Joint MOTION for Leave to File Second Amended Complaint filed by Scott Heiner, Geoffrey Polychronis, Yoav Givon, Bala Settu, Mahdi Riyad Issa, Michael Altman. Motion referred to Magistrate Judge Scott T. Varholak, by Judge Regina M. Rodriguez on 5/20/2022. Text Only Entry (rmrja) |
| Filing 75 Joint MOTION for Leave to File Second Amended Complaint by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Attachments: #1 Exhibit Stipulation, #2 Exhibit Proposed Second Amended Complaint, #3 Exhibit Redline Version, #4 Proposed Order (PDF Only))(Apton, Adam) |
| Filing 74 REPLY to Response to #65 MOTION to Dismiss the Amended Class Action Complaint filed by Defendant Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc.. (Attachments: #1 Declaration of Matthew Peller, #2 Exhibit A - Article)(Sadighi, Sheila) |
| Filing 73 REPLY to Response to #64 MOTION to Dismiss for Failure to State a Claim filed by Defendant Evan Lederman. (Polubinski, Edmund) |
| Filing 72 REPLY to Response to #62 MOTION to Dismiss of Defendants Michael D. Watford and C. Bradley Johnson filed by Defendants C. Bradley Johnson, Michael D. Watford. (Holman, David) |
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Filing 71
ORDER granting #70 Unopposed Motion for Leave to File Excess Pages. Defendants Michael Watford and Bradley Johnson are GRANTED leave to file excess pages, not to exceed 20 pages, in their reply brief in support of #62 Motion to Dismiss. SO ORDERED by Judge Regina M Rodriguez on 1/21/2022. Text Only Entry(rmrja)
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| Filing 70 Unopposed MOTION for Leave to File Excess Pages For Reply Brief in Support of Motion to Dismiss by Defendants C. Bradley Johnson, Michael D. Watford. (Attachments: #1 Proposed Order (PDF Only))(Holman, David) |
| Filing 69 DECLARATION of Jeffrey Berens regarding Brief in Opposition to Motion, #68 by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Attachments: #1 Exhibit 12 (Ultra Petroleum Q1 2017 Earnings Transcript))(Berens, Jeffrey) |
| Filing 68 BRIEF in Opposition to #62 MOTION to Dismiss of Defendants Michael D. Watford and C. Bradley Johnson, #65 MOTION to Dismiss the Amended Class Action Complaint, #64 MOTION to Dismiss for Failure to State a Claim filed by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) |
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Filing 67
ORDER granting #66 Motion for Leave to File Excess Pages. Plaintiffs are GRANTED leave to file excess pages, not to exceed 50 pages, for their Opposition to Motions to Dismiss. SO ORDERED by Judge Regina M Rodriguez on 12/17/2021. Text Only Entry(rmrja)
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| Filing 66 Unopposed MOTION for Leave to File Excess Pages for the Opposition to Defendants' Motions to Dismiss by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Attachments: #1 Proposed Order (PDF Only))(Berens, Jeffrey) |
| Filing 65 MOTION to Dismiss the Amended Class Action Complaint by Defendant Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sadighi, Sheila) |
| Filing 64 MOTION to Dismiss for Failure to State a Claim by Defendant Evan Lederman. (Polubinski, Edmund) |
| Filing 63 Unopposed MOTION for Order to Take Judicial Notice by Defendants C. Bradley Johnson, Michael D. Watford. (Attachments: #1 Continuation of Main Document Declaration of David Holman in Support of Motion to Dismiss, #2 Exhibit 1 - Ultra Petroleum Presentation, #3 Exhibit 2 - Transcript of Ultra Petroleums 1st quarter 2017 call, #4 Exhibit 3 - Transcript of Ultra Petroleums 4th quarter 2017 call, #5 Exhibit 4 - Transcript of Ultra Petroleums 2nd quarter call, #6 Exhibit 5 - Transcript of Ultra Petroleums 3rd quarter 2017 call, #7 Exhibit 6 - Ultra Petroleum PR January 30, 2018, #8 Exhibit 7 - Ultra Petroleum PR August 9, 2018, #9 Exhibit 8 - Transcript of Ultra Petroleums 2nd quarter call, #10 Exhibit 9 - Transcript of Ultra Petroleums 3rd quarter 2018 call, #11 Exhibit 10 - Ultra Petroleum Presentation, #12 Exhibit 11- Ultra Petroleums 2016 SEC Form 10-K)(Holman, David) |
| Filing 62 MOTION to Dismiss of Defendants Michael D. Watford and C. Bradley Johnson by Defendants C. Bradley Johnson, Michael D. Watford. (Holman, David) |
| Filing 61 NOTICE of Entry of Appearance by Matthew A. Peller on behalf of Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc.Attorney Matthew A. Peller added to party Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc.(pty:dft) (Peller, Matthew) |
| Filing 60 NOTICE of Entry of Appearance by Sheila A. Sadighi on behalf of Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc.Attorney Sheila A. Sadighi added to party Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc.(pty:dft) (Sadighi, Sheila) |
| Filing 59 NOTICE of Entry of Appearance by Anne Salomon on behalf of C. Bradley Johnson, Michael D. WatfordAttorney Anne Salomon added to party C. Bradley Johnson(pty:dft), Attorney Anne Salomon added to party Michael D. Watford(pty:dft) (Salomon, Anne) |
| Filing 58 NOTICE of Entry of Appearance by Patrick Wyatt Blakemore on behalf of Evan LedermanAttorney Patrick Wyatt Blakemore added to party Evan Lederman(pty:dft) (Blakemore, Patrick) |
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Filing 57
ORDER granting #56 Motion for Leave to File Excess Pages. Defendants Michael Watford and Bradley Johnson are GRANTED leave to file excess pages, not to exceed 25, for their Motion to Dismiss. SO ORDERED by Judge Regina M Rodriguez on 10/19/2021. Text Only Entry(rmrja)
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| Filing 56 Unopposed MOTION for Leave to File Excess Pages for Motion to Dismiss by Defendants C. Bradley Johnson, Michael D. Watford. (Attachments: #1 Proposed Order (PDF Only) Order Granting Unopposed Motion to Extend the Page Limit for Motion to Dismiss)(Holman, David) |
| Filing 55 WAIVER OF SERVICE Returned Executed by Scott Heiner. Evan Lederman waiver sent on 8/30/2021, answer due 10/29/2021. (Apton, Adam) |
| Filing 51 SUMMONSES issued by Clerk on 7/22/2021 (Attachments: #1 Summons, #2 Summons) (angar, ) |
| Filing 50 SUMMONS REQUEST as to Evan Lederman re #47 Amended Complaint, by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) |
| Filing 49 SUMMONS REQUEST as to FIR TREE CAPITAL MANAGEMENT LP N/K/A FIR TREE PARTNERS INC. re #47 Amended Complaint, by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) |
| Filing 48 SUMMONS REQUEST as to Ultra Petroleum, Inc. re #47 Amended Complaint, by Consol Plaintiffs Michael Altman, Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) |
| Filing 47 AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against C. Bradley Johnson, Michael D. Watford, Ultra Petroleum, Inc., Fir Tree Capital Management LP n/k/a Fir Tree Partners Inc., Evan Lederman Attorney Jeffrey Allen Berens added to party Michael Altman(pty:mov), Attorney Jeffrey Allen Berens added to party Bala Settu(pty:mov), filed by Mahdi Riyad Issa, Geoffrey Polychronis, Michael Altman, Yoav Givon, Bala Settu, Scott Heiner.(Berens, Jeffrey) |
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Filing 46
REASSIGNING JUDGE. This action is reassigned to Judge Regina M. Rodriguez upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Rodriguez in Courtroom A-702. Her chambers are located in A-738 of the Alfred A. Arraj Courthouse. Her telephone number is 303-335-2170. All future pleadings should be designated as 20-cv-02652-RMR -STV. (Text Only Entry) (evana, )
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Filing 45
MINUTE ORDER Pursuant to #44 Joint Proposed Schedule, Lead Plaintiff shall file the amended complaint on or before 7/09/2021, and Defendants shall file their response to the amended complaint within 60 days of its filing. To the extent Defendants file a motion to dismiss in response to the amended complaint, Lead Plaintiff shall file its response to the motion to dismiss within 60 days and Defendants shall then have 30 days to file a reply in support of the motion to dismiss. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/11/2021. Text Only Entry (stvlc1, )
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| Filing 44 STATEMENT Regarding Parties' Joint Proposed Schedule by Plaintiff Ultra Petroleum Investor Group. (Berens, Jeffrey) |
| Filing 43 NOTICE of Entry of Appearance by Joshua Z. Rabinovitz on behalf of All Defendants Attorney Joshua Z. Rabinovitz added to party David W. Honeyfield(pty:dft), Attorney Joshua Z. Rabinovitz added to party C. Bradley Johnson(pty:dft), Attorney Joshua Z. Rabinovitz added to party Garland R. Shaw(pty:dft), Attorney Joshua Z. Rabinovitz added to party Jerald J. Stratton, Jr.(pty:dft), Attorney Joshua Z. Rabinovitz added to party Michael D. Watford(pty:dft) (Rabinovitz, Joshua) |
| Filing 42 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Robert Vincent Prongay was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (tnguy) |
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Filing 41
ORDER The "Motion of the Ultra Petroleum Investor Group for Consolidation of the Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel" (Doc. #26 ) is GRANTED; The Bussom v. Watford, et al., action (No. 20-cv-02820-KLM), filed September 17, 2020, is CONSOLIDATED with this action; Ultra Petroleum Investor Group is APPOINTED as lead Plaintiff; The law firms of Levi & Korsinsky, LLP and Bragar Eagel & Squire, P.C. are APPROVED as co- lead counsel and Berens Law LLC is APPROVED as liaison counsel; Altman's and Kuruppasamy's Motions (Docs. #15 and #22 ) are GRANTED to the extent the seek consolidation and DENIED to the extent they seek appointment as lead plaintiff and lead counsel; The motions filed by Plaintiffs Weber, Mao, and Slaight (Docs. # #18 , #23 , #24 ), are GRANTED to the extent the seek consolidation and DENIED to the extent they seek appointment as lead plaintiff and lead counsel; All future filings in these consolidated actions shall be filed in case number 20-cv-2652-CMA-STV using the caption provided by Judge Christine M. Arguello on 4/29/2021.(evana, )
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| Filing 40 NOTICE of Supplemental Authorities re: #22 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel by Movant Sankar Karuppasamy (Attachments: #1 Exhibit A)(Myers, Danielle) |
| Filing 39 NOTICE of Change of Address/Contact Information by David Christopher Holman (Holman, David) |
| Filing 38 REPLY to Response to #22 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Movant Sankar Karuppasamy. (Attachments: #1 Exhibit A - Cullinan v. Cemtrex, Inc. Declaration)(Myers, Danielle) |
| Filing 37 REPLY to Response to #15 MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820 MOTION to Appoint Counsel and Lead Plaintiff filed by Movant Michael Altman. (Attachments: #1 Exhibit A - Altman Declaration)(Kim, Phillip) |
| Filing 36 REPLY to Response to #26 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approve Selection of Counsel filed by Movants Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) |
| Filing 35 RESPONSE to #24 MOTION to Appoint Counsel and Lead Plaintiff and Consolidate Related Cases, #18 MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #15 MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820 MOTION to Appoint Counsel and Lead Plaintiff, #23 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and MOTION to Appoint Counsel , #20 MOTION to Appoint Counsel MOTION to Consolidate Cases NOTICE OF MOTION AND MOTION OF THE ULTRA INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT, #26 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approve Selection of Counsel filed by Movant Sankar Karuppasamy. (Attachments: #1 Exhibit 1 - Opt-Out Notice, #2 Exhibit 2 - Ultra Petroleum Corp. Information Request Form, #3 Exhibit 3 - Ultra Petroleum Q2 2019 Earnings Call Transcript, #4 Exhibit 4 - Ultra Petroleum Q3 2019 Earnings Call Transcript)(Myers, Danielle) |
| Filing 34 BRIEF in Opposition to #24 MOTION to Appoint Counsel and Lead Plaintiff and Consolidate Related Cases, #22 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel , #18 MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #23 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and MOTION to Appoint Counsel , #20 MOTION to Appoint Counsel MOTION to Consolidate Cases NOTICE OF MOTION AND MOTION OF THE ULTRA INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT, #26 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approve Selection of Counsel filed by Movant Michael Altman. (Kim, Phillip) |
| Filing 33 BRIEF in Opposition to #24 MOTION to Appoint Counsel and Lead Plaintiff and Consolidate Related Cases, #22 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel , #18 MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #15 MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820 MOTION to Appoint Counsel and Lead Plaintiff, #23 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and MOTION to Appoint Counsel filed by Movants Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Berens, Jeffrey) |
| Filing 32 NOTICE of Non-Opposition by Movants Dennis Slaight, Margaret Anne Slaight (Prongay, Robert) |
| Filing 31 NOTICE of Withdrawal of #20 MOTION of the Ultra Investor Group for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Counsel by Movants Paul Lauritano, Terrance W. Michael, Bala Settu (Lieberman, Jeremy) |
| Filing 30 NOTICE of Errata and Supplemental #27 Declaration, #26 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approve Selection of Counsel by Movants Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu (Attachments: #1 Exhibit A (PSLRA Certifications), #2 Exhibit B (Loss Chart), #3 Exhibit C (Supplemental Settu Declaration))(Berens, Jeffrey) |
| Filing 29 NOTICE of Non-opposition to the Competing Motions for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel by Movant Guomin Mao (Ngo, Ivy) |
| Filing 28 NOTICE of Non Opposition to the Competing Motions by Movant Harold Weber (Hasson, Laurence) |
| Filing 27 DECLARATION of Jeffrey A. Berens regarding MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approve Selection of Counsel #26 by Movants Yoav Givon, Scott Heiner, Geoffrey Polychronis, Mahdi Riyad Issa, Bala Settu. (Attachments: #1 Exhibit A (PSLRA Certifications), #2 Exhibit B (Loss Chart), #3 Exhibit C (PSLRA Notice), #4 Exhibit D (Joint Declaration), #5 Exhibit E (L&K Resume), #6 Exhibit F (BE&S Resume), #7 Exhibit G (BL Resume))(Berens, Jeffrey) |
| Filing 26 MOTION to Consolidate Cases , Appoint Lead Plaintiff, and Approve Selection of Counsel by Movants Scott Heiner, Bala Settu, Geoffrey Polychronis, Mahdi Riyad Issa, Yoav Givon. (Attachments: #1 Proposed Order (PDF Only))(Berens, Jeffrey) |
| Filing 25 DECLARATION of Ivy T. Ngo regarding MOTION to Appoint Counsel and Lead Plaintiff and Consolidate Related Cases #24 by Movant Guomin Mao. (Attachments: #1 Exhibit A. PSLRA Certification, #2 Exhibit B. Loss Chart, #3 Exhibit C. Declaration of Mao, #4 Exhibit D. Firm Resume, #5 Exhibit E. Press Release)(Ngo, Ivy) |
| Filing 24 MOTION to Appoint Counsel and Lead Plaintiff and Consolidate Related Cases by Movant Guomin Mao. (Attachments: #1 Proposed Order (PDF Only))(Ngo, Ivy) |
| Filing 23 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and, MOTION to Appoint Counsel by Movants Dennis Slaight, Margaret Anne Slaight. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification of Movants, #3 Exhibit C - Movants' Loss Chart, #4 Exhibit D - GPM Firm Resume, #5 Proposed Order (PDF Only))(Prongay, Robert) |
| Filing 22 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff, MOTION to Appoint Counsel by Movant Sankar Karuppasamy. (Attachments: #1 Exhibit 1 - PSLRA Notice, #2 Exhibit 2 - Certification, #3 Exhibit 3 - Estimate of losses, #4 Exhibit 4 - Declaration of Sankar Kuruppasamy, #5 Proposed Order (PDF Only))(Myers, Danielle) |
| Filing 21 DECLARATION of Jeremy A, Lieberman regarding MOTION to Appoint Counsel MOTION to Consolidate Cases NOTICE OF MOTION AND MOTION OF THE ULTRA INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT #20 by Movants Paul Lauritano, Terrance W. Michael, Bala Settu. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certifications, #3 Exhibit C - Loss Chart, #4 Exhibit D - Joint Declaration, #5 Exhibit E - Firm Resume)(Lieberman, Jeremy) |
| Filing 20 WITHDRAWN MOTION to Appoint Counsel , MOTION to Consolidate Cases NOTICE OF MOTION AND MOTION OF THE ULTRA INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by Movants Paul Lauritano, Terrance W. Michael, Bala Settu. (Attachments: #1 Proposed Order (PDF Only))(Lieberman, Jeremy) (Modified on 11/18/2020 Withdrawn pursuant to the #31 Notice)(evana, ). |
| Filing 19 DECLARATION of Laurence Hasson regarding MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820 MOTION to Appoint Counsel and Appoint Lead Plaintiff #18 by Movant Harold Weber. (Attachments: #1 Exhibit A (Notice), #2 Exhibit B (Certification), #3 Exhibit C (Loss Chart), #4 Exhibit D (Declaration), #5 Exhibit E (Firm Resume))(Hasson, Laurence) |
| Filing 18 MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820, MOTION to Appoint Counsel and Appoint Lead Plaintiff by Movant Harold Weber. (Attachments: #1 Proposed Order (PDF Only))(Hasson, Laurence) |
| Filing 17 DECLARATION of Phillip Kim regarding MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820 MOTION to Appoint Counsel and Lead Plaintiff #15 by Movant Michael Altman. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Assignment, #4 Exhibit 4 - Loss Chart, #5 Exhibit 5 - Firm Resume)(Kim, Phillip) |
| Filing 16 BRIEF in Support of #15 MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820 MOTION to Appoint Counsel and Lead Plaintiff filed by Movant Michael Altman. (Kim, Phillip) |
| Filing 15 MOTION to Consolidate Cases 1:20-cv-02652 and 1:20-cv-02820, MOTION to Appoint Counsel and Lead Plaintiff by Movant Michael Altman. (Attachments: #1 Proposed Order (PDF Only))(Kim, Phillip) |
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Filing 14
ORDER granting #12 Motion for Extension of Time and Adjournment of Scheduling Conference. The Scheduling Conference set for 12/2/2020 09:15 AM, and associated deadlines, are VACATED. Defendants' deadline to respond to the complaint is extended until a deadline to be set after resolution of the forthcoming motion for the appointment of lead plaintiff. Within 14 days of an order appointing lead plaintiff, the parties shall file a joint proposed schedule for the filing of a consolidated complaint, if any, and the filing of Defendants' response to the operative complaint. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/23/2020. Text Only Entry(stvlc1, )
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Filing 13
MEMORANDUM regarding #12 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #11 Order, #1 Complaint,, and Adjournment of Scheduling Conference filed by Jerald J. Stratton, Jr., David W. Honeyfield, Garland R. Shaw, Michael D. Watford, C. Bradley Johnson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 10/23/2020. Text Only Entry (cmasec)
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| Filing 12 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #11 Order, #1 Complaint,, and Adjournment of Scheduling Conference by Defendants David W. Honeyfield, C. Bradley Johnson, Garland R. Shaw, Jerald J. Stratton, Jr., Michael D. Watford. (Holman, David) |
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Filing 11
ORDER Setting Telephonic Scheduling Conference for 12/2/2020 09:15 AM before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 11/25/2020, by Magistrate Judge Scott T. Varholak on 10/9/2020. (jgonz, )
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| Filing 10 WAIVER OF SERVICE Returned Executed by Eswaran Subramanian. Michael D. Watford waiver sent on 9/3/2020, answer due 11/2/2020. (Glenn, Rusty) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Eswaran Subramanian. Jerald J. Stratton, Jr. waiver sent on 9/3/2020, answer due 11/2/2020. (Glenn, Rusty) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Eswaran Subramanian. Garland R. Shaw waiver sent on 9/3/2020, answer due 11/2/2020. (Glenn, Rusty) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Eswaran Subramanian. C. Bradley Johnson waiver sent on 9/3/2020, answer due 11/2/2020. (Glenn, Rusty) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Eswaran Subramanian. David W. Honeyfield waiver sent on 9/3/2020, answer due 11/2/2020. (Glenn, Rusty) |
| Filing 5 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (cpomm, ) |
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Magistrate Judge Consent Form) (cpomm, ) |
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 9/1/2020. Text Only Entry (cmasec)
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| Filing 2 Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (cpomm, ) |
| Filing 1 COMPLAINT against David W. Honeyfield, C. Bradley Johnson, Garland R. Shaw, Jerald J. Stratton, Jr., Michael D. Watford (Filing fee $ 400,Receipt Number 1082-7464947)Attorney Rusty Evan Glenn added to party Eswaran Subramanian(pty:pla), filed by Eswaran Subramanian. (Attachments: #1 Civil Cover Sheet, #2 Summons for David W. Honeyfield, #3 Summons for C. Bradley Johnson, #4 Summons for Garland R. Shaw, #5 Summons for Jerald J. Stratton, Jr., #6 Summons for Michael D. Watford)(Glenn, Rusty) |
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