Miley et al v. Hatteras Funds, L.P. et al
| John David Miley, III and Dr. Steven Richard Smith |
| Hatteras Investment Partners, L.P., Hatteras Funds, L.P., David B. Perkins, H. Alexander Holmes, Steven E. Moss, Gregory S. Sellers and Thomas Mann |
| 1:2025cv00672 |
| May 30, 2025 |
| U.S. District Court for the District of Delaware |
| Colm F Connolly |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity - Stockholders Suits |
| None |
Docket Report
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This docket was last retrieved on December 23, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 54 REQUEST for Oral Argument by John David Miley, III, Steven Richard Smith re #43 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter . (Alleman, William) |
| Filing 53 REPLY BRIEF re #43 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers. (Brauerman, Stephen) |
| Filing 52 MEMORANDUM in Opposition re #44 Opening Brief in Support, #43 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by John David Miley, III, Steven Richard Smith.Reply Brief due date per Local Rules is 11/14/2025. (Attachments: #1 Exhibit A, #2 Exhibit B)(Alleman, William) |
| Filing 51 Pro Hac Vice Fee - Credit Card Payment received for Aaron T. Morris. ( re #50 MOTION for Pro Hac Vice Appearance of Attorney Aaron T. Morris )( Payment of $ 50, receipt number ADEDC-4819427).(Alleman, William) |
| Filing 50 MOTION for Pro Hac Vice Appearance of Attorney Aaron T. Morris - filed by John David Miley, III, Steven Richard Smith. (Alleman, William) |
| Filing 49 Pro Hac Vice Fee - Credit Card Payment received for M. Travis Foust. ( re #48 MOTION for Pro Hac Vice Appearance of Attorney M. Travis Foust )( Payment of $ 50, receipt number ADEDC-4819104).(Alleman, William) |
| Filing 48 MOTION for Pro Hac Vice Appearance of Attorney M. Travis Foust - filed by John David Miley, III, Steven Richard Smith. (Alleman, William) |
SO ORDERED, re #50 MOTION for Pro Hac Vice Appearance of Attorney Aaron T. Morris, filed by John David Miley, III, Steven Richard Smith. Ordered by Judge Colm F. Connolly on 10/22/2025. (kmd)
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SO ORDERED, re #48 MOTION for Pro Hac Vice Appearance of Attorney M. Travis Foust, filed by John David Miley, III, Steven Richard Smith. Ordered by Judge Colm F. Connolly on 10/22/2025. (kmd)
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| Filing 47 EXHIBIT re #45 MOTION for Pro Hac Vice Appearance of Attorney Andrew W. Robertson Corrected Certification by Counsel by John David Miley, III, Steven Richard Smith. (Alleman, William) |
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SO ORDERED, re #45 MOTION for Pro Hac Vice Appearance of Attorney Andrew W. Robertson, filed by John David Miley, III, Steven Richard Smith. Ordered by Judge Colm F. Connolly on 10/21/2025. (kmd)
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| Filing 46 Pro Hac Vice Fee - Credit Card Payment received for Andrew W. Robertson. ( re #45 MOTION for Pro Hac Vice Appearance of Attorney Andrew W. Robertson )( Payment of $ 50, receipt number ADEDC-4817198).(Alleman, William) |
| Filing 45 MOTION for Pro Hac Vice Appearance of Attorney Andrew W. Robertson - filed by John David Miley, III, Steven Richard Smith. (Alleman, William) |
| Filing 44 OPENING BRIEF in Support re #43 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers.Answering Brief/Response due date per Local Rules is 10/24/2025. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brauerman, Stephen) |
| Filing 43 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers. (Attachments: #1 [Proposed] Order)(Brauerman, Stephen) |
| DEFICIENCY NOTICE by the Court issued to Defendants re #44 Opening Brief in Support: Pursuant to the Court's Standing Order Regarding Briefing in All Cases, dated November 10, 2022, "[t]he covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: i. Opening Brief - Blue; ii. Answering Brief - Red; iii. Reply Brief - Gray." Courtesy copies of D.I. #44 are not in compliance with the Court's standing order. Please resubmit courtesy copies of your brief with the corrected covers. (mws) |
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ORAL ORDER. Having read Defendants' opening brief filed in support of their original motion to dismiss (D.I. #20 ) and having seen in that brief unnecessary repetition and wording, the joint motion to enlarge word limits (D.I. #42 ) is DENIED. In light of the manner in which Defendants briefed their original motion to dismiss, it is FURTHER ORDERED that regardless of how many motions to dismiss the Second Amended Complaint Defendants decide to file or how many briefs Defendants decide to file in support of such motions, Defendants may collectively use no more than 4,000 words in their briefing. Any answering briefing filed by Plaintiffs shall consist in the aggregate of no more than 4,000 words. Ordered by Judge Colm F. Connolly on 9/30/2025. (kmd)
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| Filing 42 Joint MOTION to Enlarge Word Limits for Combined Briefing on Defendants' Forthcoming Motion to Dismiss - filed by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers. (Brauerman, Stephen) |
| Filing 41 Second AMENDED COMPLAINT against All Defendants - filed by Steven Richard Smith, John David Miley, III.(Alleman, William) |
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Filing 40
SO ORDERED, re #39 STIPULATION Regarding Plaintiffs' Motion for Leave to File a Second Amended Complaint. The MOTION to Dismiss (D.I. #19 ) is DENIED as moot. Plaintiffs may file their Second Amended Complaint on or before September 19, 2025. Defendants shall respond to the Second Amended Complaint on or before October 10, 2025. See Order for further details. Signed by Judge Colm F. Connolly on 9/18/2025. (mws) Modified on 9/18/2025 (mws).
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| Reset Answer Deadlines re #40 SO ORDERED: All Defendants answer to #41 Second AMENDED COMPLAINT due 10/10/2025. (mws) |
| Filing 39 STIPULATION and [Proposed] Order Regarding Plaintiffs' Motion for Leave to File a Second Amended Complaint by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers. (Brauerman, Stephen) |
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Filing 38
SO ORDERED, re #37 STIPULATION TO EXTEND TIME for Defendants Hatteras Funds, L.P., Hatteras Investment Partners, L.P., David B. Perkins, H. Alexander Holmes, Steven E. Moss, Gregory S. Sellers, and Thomas Mann to Respond to the Motion for Leave to Amend to September 23, 2025 and for Plaintiffs to File a Reply in Support of their Motion for Leave to Amend to October 7, 2025, filed by Thomas Mann, Steven E. Moss, Gregory S. Sellers, H. Alexander Holmes. Reset Briefing Schedule: re #32 MOTION for Leave to File a Second Amended Complaint. Answering Brief due 9/23/2025. Reply Brief due 10/7/2025. Signed by Judge Colm F. Connolly on 9/4/2025. (kmd)
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| Filing 37 STIPULATION TO EXTEND TIME for Defendants Hatteras Funds, L.P., Hatteras Investment Partners, L.P., David B. Perkins, H. Alexander Holmes, Steven E. Moss, Gregory S. Sellers, and Thomas Mann to Respond to the Motion for Leave to Amend to September 23, 2025 and for Plaintiffs to File a Reply in Support of their Motion for Leave to Amend to October 7, 2025 - filed by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers. (Brauerman, Stephen) |
| Filing 36 Pro Hac Vice Fee - Credit Card Payment received for Joshua L. Solomon. ( re #35 MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Solomon )( Payment of $ 50, receipt number ADEDC-4776208).(Brauerman, Stephen) |
| Filing 35 MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Solomon - filed by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers. (Attachments: #1 Certification of Joshua L. Solomon)(Brauerman, Stephen) |
| Pro Hac Vice Attorney Joshua L. Solomon for H. Alexander Holmes, Thomas Mann, Steven E. Moss & Gregory S. Sellers 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. (slk) |
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SO ORDERED, re #35 MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Solomon, filed by Thomas Mann, Steven E. Moss, Gregory S. Sellers, H. Alexander Holmes. Ordered by Judge Colm F. Connolly on 8/27/2025. (kmd)
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| Filing 34 MEMORANDUM in Opposition re #20 Opening Brief in Support, #19 MOTION to Dismiss filed by John David Miley, III, Steven Richard Smith.Reply Brief due date per Local Rules is 9/2/2025. (Attachments: #1 Exhibit A, #2 Exhibit B)(Alleman, William) |
| Filing 33 OPENING BRIEF in Support re #32 MOTION for Leave to File a Second Amended Complaint filed by John David Miley, III, Steven Richard Smith.Answering Brief/Response due date per Local Rules is 9/9/2025. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Second Amended Complaint (Redline))(Alleman, William) |
| Filing 32 MOTION for Leave to File a Second Amended Complaint - filed by John David Miley, III, Steven Richard Smith. (Attachments: #1 Text of Proposed Order, #2 Proposed Second Amended Complaint)(Alleman, William) |
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Filing 31
SO ORDERED, re #30 STIPULATION TO EXTEND TIME ANSWERING BRIEF/RESPONSE and REPLY IN SUPPORT of Motion to Dismiss to 8/26/2025 and 9/17/2025, filed by John David Miley, III, Steven Richard Smith. Reset Briefing Schedule: re #19 MOTION to Dismiss. Answering Brief due 8/26/2025. Reply Brief due 9/17/2025. Signed by Judge Colm F. Connolly on 8/19/2025. (kmd)
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| Filing 30 STIPULATION TO EXTEND TIME ANSWERING BRIEF/RESPONSE and REPLY IN SUPPORT of Motion to Dismiss to 8/26/2025 and 9/17/2025 - filed by John David Miley, III, Steven Richard Smith. (Alleman, William) |
| Filing 29 SUR-REPLY BRIEF re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division filed by John David Miley, III, Steven Richard Smith. (Alleman, William) |
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Filing 28
ORDER granting #27 Motion for Leave to File Sur-Reply in Opposition to Defendants' Motion to Transfer. Signed by Judge Colm F. Connolly on 8/1/2025. (kmd)
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| Filing 27 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Transfer - filed by John David Miley, III, Steven Richard Smith. (Attachments: #1 Text of Proposed Order, #2 Exhibit Proposed Sur-Reply)(Alleman, William) |
| Filing 26 Pro Hac Vice Fee - Credit Card Payment received for Melanie B. Dubis and Corri A. Hopkins. ( re #25 MOTION for Pro Hac Vice Appearance of Attorney Melanie B. Dubis and Corri A. Hopkins )( Payment of $ 100, receipt number ADEDC-4745561).(Vrana, Robert) |
| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Melanie B. Dubis and Corri A. Hopkins - filed by Hatteras Funds, L.P., Hatteras Investment Partners, L.P., David B. Perkins. (Vrana, Robert) |
| Pro Hac Vice Attorney Melanie B. Dubis & Corri A. Hopkins for Hatteras Funds, L.P., Hatteras Investment Partners, L.P. & David B. Perkins 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. (slk) |
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SO ORDERED, re #25 MOTION for Pro Hac Vice Appearance of Attorney Melanie B. Dubis and Corri A. Hopkins, filed by Hatteras Funds, L.P., Hatteras Investment Partners, L.P., David B. Perkins. Ordered by Judge Colm F. Connolly on 7/29/2025. (kmd)
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Filing 24
SO ORDERED, re #23 STIPULATION TO EXTEND TIME ANSWERING BRIEF/RESPONSE and REPLY IN SUPPORT of Motion to Dismiss to 8/19/2025 and 9/10/2025, filed by John David Miley, III, Steven Richard Smith. Reset Briefing Schedule: re #19 MOTION to Dismiss. Answering Brief due 8/19/2025. Reply Brief due 9/10/2025. Signed by Judge Colm F. Connolly on 7/25/2025. (kmd)
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| Filing 23 STIPULATION TO EXTEND TIME ANSWERING BRIEF/RESPONSE and REPLY IN SUPPORT of Motion to Dismiss to 8/19/2025 and 9/10/2025 - filed by John David Miley, III, Steven Richard Smith. (Alleman, William) |
| Filing 22 REQUEST for Oral Argument by John David Miley, III, Steven Richard Smith re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division. (Alleman, William) |
| Filing 21 REPLY BRIEF re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division filed by Hatteras Funds, L.P., Hatteras Investment Partners, L.P., David B. Perkins. (Vrana, Robert) |
| Filing 20 OPENING BRIEF in Support re #19 MOTION to Dismiss filed by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers.Answering Brief/Response due date per Local Rules is 8/1/2025. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brauerman, Stephen) |
| Filing 19 MOTION to Dismiss - filed by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers. (Attachments: #1 [Proposed] Order)(Brauerman, Stephen) |
| Filing 18 DECLARATION of William H. Spruance, III re #17 Answering Brief in Opposition, to Defendants' Motion to Transfer by John David Miley, III, Steven Richard Smith. (Alleman, William) |
| Filing 17 ANSWERING BRIEF in Opposition re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division filed by John David Miley, III, Steven Richard Smith.Reply Brief due date per Local Rules is 7/22/2025. (Alleman, William) |
| CORRECTING ENTRY: Main document of D.I. 10 replaced per counsel request to add certificate of compliance with type, font, and word limitations (mws) |
| Filing 16 DECLARATION of Gregory S. Sellers re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division by Hatteras Investment Partners, L.P., David B. Perkins. (Vrana, Robert) |
| Filing 15 DECLARATION of David B. Perkins re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division by Hatteras Investment Partners, L.P., David B. Perkins. (Vrana, Robert) |
| Filing 14 DECLARATION of Steve E. Moss re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division by Hatteras Investment Partners, L.P., David B. Perkins. (Vrana, Robert) |
| Filing 13 DECLARATION of Thomas Mann re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division by Hatteras Investment Partners, L.P., David B. Perkins. (Vrana, Robert) |
| Filing 12 DECLARATION of H. Alexander Holmes re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division by Hatteras Investment Partners, L.P., David B. Perkins. (Vrana, Robert) |
| Filing 11 DECLARATION of Corri A. Hopkins re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division by Hatteras Investment Partners, L.P., David B. Perkins. (Attachments: #1 Exhibit A - Indianapolis, IN to Wilmington, Delaware - Google Maps, #2 Exhibit B - Indianapolis, IN to Raleigh, NC - Google Maps)(Vrana, Robert) |
| Filing 10 OPENING BRIEF in Support re #9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division filed by Hatteras Investment Partners, L.P., David B. Perkins.Answering Brief/Response due date per Local Rules is 7/15/2025. (Vrana, Robert) (Main Document 10 replaced on 7/2/2025) (mws). |
| Filing 9 MOTION to Transfer Case to the United States District Court for the Eastern District of North Carolina, Raleigh Division - filed by Hatteras Investment Partners, L.P., David B. Perkins. (Attachments: #1 Text of Proposed Order)(Vrana, Robert) |
| Filing 8 NOTICE of Appearance by Brett M. McCartney on behalf of H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers (McCartney, Brett) |
| Filing 7 NOTICE of Appearance by Mutaz Ali on behalf of H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers (Ali, Mutaz) |
| Filing 6 Joint STATEMENT Concerning Removed Case Pursuant to D. Del. LR 81.2 by Hatteras Funds, L.P., Hatteras Investment Partners, L.P., David B. Perkins. (Vrana, Robert) |
| Filing 5 STIPULATION TO EXTEND TIME for Defendants to Answer, Move, or Otherwise Respond to the Complaint to July 18, 2025 - filed by H. Alexander Holmes, Thomas Mann, Steven E. Moss, Gregory S. Sellers. (Brauerman, Stephen) |
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SO ORDERED, re #5 STIPULATION TO EXTEND TIME for Defendants to Answer, Move, or Otherwise Respond to the Complaint to July 18, 2025, filed by Thomas Mann, Steven E. Moss, Gregory S. Sellers, H. Alexander Holmes. Reset Answer Deadlines: Hatteras Funds, L.P. answer due 7/18/2025; Hatteras Investment Partners, L.P. answer due 7/18/2025; H. Alexander Holmes answer due 7/18/2025; Thomas Mann answer due 7/18/2025; Steven E. Moss answer due 7/18/2025; David B. Perkins answer due 7/18/2025; Gregory S. Sellers answer due 7/18/2025. Ordered by Judge Colm F. Connolly on 6/9/2025. (kmd)
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| Filing 4 STANDING ORDER REGARDING BRIEFING IN ALL CASES (mws) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (alb) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Hatteras Investment Partners, L.P. (mpb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from DE Chancery Court, Case Number 2024-0405-JTL (Filing fee $405, receipt number ADEDC-4699659)- filed by David B. Perkins, Hatteras Funds, L.P., Hatteras Investment Partners, L.P. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(mpb) |
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