Nathanson et al v. Tortoise Capital Advisors, L.L.C. et al
Plaintiff: Howard Nathanson and Gus Gordon
Defendant: Tortoise Capital Advisors, L.L.C., Conrad S. Ciccotello, Rand C. Berney, H. Kevin Birzer, Jennifer Paquette, Alexandra Herger, Tortoise Energy Infrastructure Corp. and Tortoise Midstream Energy Fund, Inc.
Case Number: 2:2022cv02328
Filed: August 18, 2022
Court: US District Court for the District of Kansas
Presiding Judge: Rachel E Schwartz
Referring Judge: Holly L Teeter
Nature of Suit: Securities/Commodities
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2023 Opinion or Order Filing 40 JUDGMENT. Signed by deputy clerk on 2/1/2023. (ca)
February 1, 2023 Opinion or Order Filing 39 MEMORANDUM AND ORDER granting #28 Motion to Dismiss. Signed by District Judge Holly L. Teeter on 2/1/2023. (ca)
January 19, 2023 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #38 MOTION for Joinder of Defendants' Reply Memorandum of Law in Further Support of Their Motion To Dismiss Plaintiffs' Complaint. The motion will be resolved by the District Judge.
January 18, 2023 Opinion or Order Filing 38 NOTICE of Joinder re #37 Defendants' Reply Memorandum of Law in Further Support of Their Motion To Dismiss Plaintiffs' Complaint by Defendants Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc.(Singer, Catherine) Modified on 1/23/2023 to term motion and correct title (ca)
January 18, 2023 Opinion or Order Filing 37 REPLY TO RESPONSE TO MOTION by Defendants Rand C. Berney, Conrad S. Ciccotello, Alexandra Herger, Jennifer Paquette, Tortoise Capital Advisors, L.L.C. and H. Kevin Birzer re: #28 Motion to Dismiss (Sevedge, Christopher) Modified on 1/19/2023 to add filers (ca).
December 29, 2022 Opinion or Order Filing 36 ORDER granting #35 Unopposed MOTION for Extension of Time to File Reply and for Leave to File Excess Pages regarding #28 Joint MOTION to Dismiss. Reply deadline is on or before 1/18/2023 and Defendants are granted leave to file a reply of no more than 15 pages. Signed by District Judge Holly L. Teeter on 12/29/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
December 29, 2022 Opinion or Order Filing 35 Unopposed MOTION for Extension of Time to File Reply and for Leave to File Excess Pages as to #34 Memorandum in Opposition to Motion by Defendants Rand C. Berney, H. Kevin Birzer, Conrad S. Ciccotello, Alexandra Herger, Jennifer Paquette, Tortoise Capital Advisors, L.L.C., Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc. (Shaw, John)
December 29, 2022 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #35 Unopposed MOTION for Extension of Time to File Reply and for Leave to File Excess Pages as to #34 Memorandum in Opposition to Motion . The motion will be resolved by the District Judge.(jrh)
December 21, 2022 Opinion or Order Filing 34 MEMORANDUM IN OPPOSITION by Plaintiffs Gus Gordon, Howard Nathanson re #28 Joint MOTION to Dismiss (Schlichter, Andrew)
December 1, 2022 Opinion or Order Filing 33 ORDER granting #32 Unopposed MOTION for Extension of Time to File Response and MOTION for Leave to File Excess Pages as to #28 Joint MOTION to Dismiss. Response deadline is on or before 12/21/2022. Via email, Counsel agrees 51 pages is sufficient. Therefore, the Court grants the motion for leave to file excess pages up to and including 51 pages. Signed by District Judge Holly L. Teeter on 12/1/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
November 30, 2022 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #32 Unopposed MOTION for Extension of Time to File Response as to #28 Joint MOTION to Dismiss Unopposed MOTION for Leave to File Excess Pages. The motion will be resolved by the District Judge.(bh)
November 29, 2022 Opinion or Order Filing 32 UNOPPOSED MOTION for Extension of Time to File Response as to #28 Joint Motion to Dismiss AND UNOPPOSED MOTION for Leave to File Excess Pages by Plaintiffs Gus Gordon, Howard Nathanson. (Schlichter, Andrew)
October 31, 2022 Opinion or Order Filing 31 ORDER granting #26 Motion to Appear Pro Hac Vice of Eben P. Colby for Rand C. Berney, Conrad S. Ciccotello, Alexandra Herger, and Jennifer Paquette pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting #27 Motion to Appear Pro Hac Vice of Marley Ann Brumme for Rand C. Berney, Conrad S. Ciccotello, Alexandra Herger, and Jennifer Paquette pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 10/31/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
October 28, 2022 Opinion or Order Filing 30 NOTICE OF JOINDER by Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc. re #28 Joint Motion to Dismiss. (Singer, Catherine) Modified on 10/31/2022 to re-title. Originally filed as a motion, this is a notice. (mam)
October 28, 2022 Opinion or Order Filing 29 MEMORANDUM IN SUPPORT of #28 Joint Motion to Dismiss by Defendants Rand C. Berney, Conrad S. Ciccotello, Alexandra Herger, Jennifer Paquette. (Attachments: #1 Exhibit 1 - 2020 Q2 N-CSR, Tortoise Midstream Energy Fund, #2 Exhibit 2 - 2020 Q2 N-CSR, Tortoise Energy Infrastructure Corp, #3 Exhibit 3 - 2020 Q4 N-CSR, Tortoise Midstream Energy Fund, #4 Exhibit 4 - 2020 Q4 N-CSR, Tortoise Energy Infrastructure Corp, #5 Exhibit 5 - N-2, Tortoise Midstream Energy Fund, #6 Exhibit 6 - N-2, Tortoise Energy Infrastructure Corp., #7 Exhibit 7 - 2021 Q4 N-CSR, Tortoise Energy Infrastructure Corp, #8 Exhibit 8 - 2021 Q4 N-CSR, Tortoise Midstream Energy Fund, #9 Exhibit 9 - 8-K, Tortoise Midstream Energy Fund, #10 Exhibit 10 - 8-K, Tortoise Energy Infrastructure Corp, #11 Exhibit List Index of Exhibits to Memorandum of Law)(Sevedge, Christopher) Modified on 12/28/2022 to add Defendants Tortoise Capital Advisors, L.L.C. and H. Kevin Birzer as filers. (mam)
October 28, 2022 Opinion or Order Filing 28 JOINT MOTION to Dismiss by Defendants Rand C. Berney, Conrad S. Ciccotello, Alexandra Herger, Jennifer Paquette. (Sevedge, Christopher) Modified on 12/28/2022 to add Defendants Tortoise Capital Advisors, L.L.C. and H. Kevin Birzer as filers. (mam)
October 28, 2022 Opinion or Order Filing 27 MOTION for attorney Marley Ann Brumme to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5901977.) by Defendants Rand C. Berney, Conrad S. Ciccotello, Alexandra Herger, Jennifer Paquette. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Affidavit in support of admission, #2 Exhibit ECF registration form)(Sevedge, Christopher)
October 28, 2022 Opinion or Order Filing 26 MOTION for attorney Eben Colby to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5901970.) by Defendants Rand C. Berney, Conrad S. Ciccotello, Alexandra Herger, Jennifer Paquette. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Affidavit in support of admission, #2 Exhibit ECF registration form) (Sevedge, Christopher)
October 28, 2022 Opinion or Order Filing 25 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Christopher B. Sevedge as to Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc. (Sevedge, Christopher)
October 28, 2022 Opinion or Order Filing 24 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Scott C. Hecht as to Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc. (Hecht, Scott)
October 28, 2022 Opinion or Order Filing 23 ENTRY OF APPEARANCE by Scott C. Hecht on behalf of Rand C. Berney, Conrad S. Ciccotello, Alexandra Herger, Jennifer Paquette. (Hecht, Scott)
October 28, 2022 Opinion or Order Filing 22 ENTRY OF APPEARANCE by Christopher Sevedge on behalf of Rand C. Berney, Conrad S. Ciccotello, Alexandra Herger, Jennifer Paquette. (Sevedge, Christopher)
October 28, 2022 Opinion or Order Filing 21 ENTRY OF APPEARANCE by Catherine D. Singer on behalf of Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc. (Singer, Catherine)
October 28, 2022 Opinion or Order Filing 20 ENTRY OF APPEARANCE by William D. Beil on behalf of Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc. (Beil, William)
September 28, 2022 Opinion or Order Filing 19 BRIEFING SCHEDULE and ORDER granting Defendant's #18 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint. Answer due 10/28/2022. See Order for additional deadlines. Signed by Magistrate Judge Rachel E. Schwartz on 9/28/2022. (ca)
September 27, 2022 Opinion or Order Filing 18 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (attorney) and Setting Briefing Schedule by Defendants H. Kevin Birzer, Tortoise Capital Advisors, L.L.C. (referred to Magistrate Judge Rachel E. Schwartz) (Shaw, John)
September 14, 2022 Opinion or Order Filing 17 ENTRY OF APPEARANCE by Andrew D. Schlichter on behalf of Gus Gordon, Howard Nathanson (Schlichter, Andrew)
September 13, 2022 Opinion or Order Filing 16 CLERKS ORDER EXTENDING TIME until 9/27/2022 for Defendants Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc. to answer or otherwise plead. Signed by deputy clerk on 9/13/2022. (jk)
September 13, 2022 Opinion or Order Filing 15 CLERKS ORDER EXTENDING TIME until 9/27/2022 for Defendant Tortoise Capital Advisors, L.L.C. to answer or otherwise plead. Signed by deputy clerk on 9/13/2022. (jk)
September 13, 2022 Opinion or Order Filing 14 CORPORATE DISCLOSURE STATEMENT by Tortoise Energy Infrastructure Corp. identifying None as corporate parent (Sevedge, Christopher)
September 13, 2022 Opinion or Order Filing 13 CORPORATE DISCLOSURE STATEMENT by Tortoise Midstream Energy Fund, Inc. identifying None as corporate parent (Sevedge, Christopher)
September 13, 2022 Opinion or Order Filing 12 ENTRY OF APPEARANCE by Christopher Sevedge on behalf of Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc. (Sevedge, Christopher)
September 13, 2022 Opinion or Order Filing 11 ENTRY OF APPEARANCE by Scott C. Hecht on behalf of Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc.. (Hecht, Scott)
September 13, 2022 Opinion or Order Filing 10 CORPORATE DISCLOSURE STATEMENT by Tortoise Capital Advisors, L.L.C. identifying TortoiseEcofin Borrower, LLC and TortoiseEcofin Investments, LLC as corporate parents . (Shaw, John) Modified on 9/15/2022 to update docket text (kas).
September 13, 2022 Opinion or Order Filing 9 ENTRY OF APPEARANCE by Lauren Tallent on behalf of Tortoise Capital Advisors, L.L.C. (Tallent, Lauren)
September 13, 2022 Opinion or Order Filing 8 ENTRY OF APPEARANCE by Jennifer B. Wieland on behalf of Tortoise Capital Advisors, L.L.C. (Wieland, Jennifer)
September 13, 2022 Opinion or Order Filing 7 ENTRY OF APPEARANCE by John W. Shaw on behalf of Tortoise Capital Advisors, L.L.C. (Shaw, John)
August 26, 2022 Opinion or Order Filing 6 SUMMONS RETURNED EXECUTED -- Personal Service by Gus Gordon, Howard Nathanson upon Tortoise Midstream Energy Fund, Inc. served on 8/23/2022, answer due 9/13/2022 (Kraft, Kristine)
August 26, 2022 Opinion or Order Filing 5 SUMMONS RETURNED EXECUTED -- Personal Service by Gus Gordon, Howard Nathanson upon Tortoise Energy Infrastructure Corp. served on 8/23/2022, answer due 9/13/2022 (Kraft, Kristine)
August 26, 2022 Opinion or Order Filing 4 SUMMONS RETURNED EXECUTED -- Personal Service by Gus Gordon, Howard Nathanson upon Tortoise Capital Advisors, L.L.C. served on 8/23/2022, answer due 9/13/2022 (Kraft, Kristine)
August 19, 2022 Opinion or Order SUMMONS ISSUED as to Rand C. Berney, H. Kevin Birzer, Conrad S. Ciccotello, Alexandra Herger, Jennifer Paquette, Tortoise Capital Advisors, L.L.C., Tortoise Energy Infrastructure Corp., Tortoise Midstream Energy Fund, Inc. (issued to Attorney for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk)
August 18, 2022 Opinion or Order Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Gus Gordon, Howard Nathanson - trial to be held in Kansas City. (Kraft, Kristine)
August 18, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET by Plaintiffs Gus Gordon, Howard Nathanson. (Kraft, Kristine)
August 18, 2022 Opinion or Order Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5848182.), filed by Gus Gordon, Howard Nathanson.(Kraft, Kristine)
August 18, 2022 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)

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Search for this case: Nathanson et al v. Tortoise Capital Advisors, L.L.C. et al
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Plaintiff: Howard Nathanson
Represented By: Kristine K. Kraft
Represented By: Andrew D. Schlichter
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Plaintiff: Gus Gordon
Represented By: Kristine K. Kraft
Represented By: Andrew D. Schlichter
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Defendant: Tortoise Capital Advisors, L.L.C.
Represented By: Jennifer B. Wieland
Represented By: John W. Shaw
Represented By: Lauren Tallent
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Defendant: Conrad S. Ciccotello
Represented By: Eben P. Colby
Represented By: John W. Shaw
Represented By: Marley Ann Brumme
Represented By: Scott C. Hecht
Represented By: Christopher Sevedge
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Defendant: Rand C. Berney
Represented By: Marley Ann Brumme
Represented By: Scott C. Hecht
Represented By: Eben P. Colby
Represented By: Christopher Sevedge
Represented By: John W. Shaw
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Defendant: H. Kevin Birzer
Represented By: John W. Shaw
Represented By: Lauren Tallent
Represented By: Jennifer B. Wieland
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Defendant: Jennifer Paquette
Represented By: Marley Ann Brumme
Represented By: Eben P. Colby
Represented By: Christopher Sevedge
Represented By: John W. Shaw
Represented By: Scott C. Hecht
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Defendant: Alexandra Herger
Represented By: Marley Ann Brumme
Represented By: Christopher Sevedge
Represented By: Eben P. Colby
Represented By: Scott C. Hecht
Represented By: John W. Shaw
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Defendant: Tortoise Energy Infrastructure Corp.
Represented By: Christopher Sevedge
Represented By: Scott C. Hecht
Represented By: John W. Shaw
Represented By: Catherine D. Singer
Represented By: William D. Beil
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Defendant: Tortoise Midstream Energy Fund, Inc.
Represented By: Christopher Sevedge
Represented By: Scott C. Hecht
Represented By: John W. Shaw
Represented By: Catherine D. Singer
Represented By: William D. Beil
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