Bensinger v. Denbury Resources Inc. et al
| Jack Deutsch, Eli Bensinger and Chaim Katz |
| William Wettstein, Michael Decker, Randy Stein, Gregory McMichael, Mark C. Allen, Michael Beatty, Phil Rykhoek, David I. Heather, Ronald G. Greene, Denbury Resources Inc., Alan Rhoades and Gareth Roberts |
| 1:2010cv01917 |
| April 28, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Viktor V Pohorelsky |
| Eric N Vitaliano |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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Filing 148
ORDER APPROVING DISTRIBUTION PLAN, (Granting #147 Motion for Disbursement of Funds) All of the fees and expenses incurred by RG/2 Claims in connection with its administration of the Settlement and to be incurred in connection with the Initial Distribution are APPROVED; accordingly, Class Counsel shall direct payment of $30,845.00 out of the Settlement Fund to RG/2 Claims for such remaining unpaid fees and expenses; and This Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and such other and further relief as this Court deems appropriate. (Ordered by Judge Eric N. Vitaliano on 9/14/16) c/m (Galeano, Sonia)
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric N. Vitaliano for all further proceedings. Judge John Gleeson no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.. Ordered by Chief Judge Dora Lizette Irizarry on 9/13/2016. (Davis, Kimberly)
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| Filing 147 Notice of MOTION for Disbursement of Funds and Motion for Disbursement of Funds by Eli Bensinger, Jack Deutsch, Chaim Katz. (Attachments: #1 Exhibit A: [Proposed] Order Approving Distribution Plan, #2 Memorandum in Support of Lead Plaintiff's Motion to Approve Distribution Plan, #3 Declaration of Melissa E. Baldwin, #4 Exhibits to the Declaration of Melissa E. Baldwin) (Katz, David) |
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Filing 146
FINAL APPROVAL ORDER. Ordered by Judge John Gleeson on 7/17/2015. (Piper, Francine)
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| Filing 145 Letter from Mark D. Powers, advising that court that he does not want to be included in the class settlement. (Piper, Francine) |
| Minute Entry and Order for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by David C. Katz, Esq., Joseph H. Weiss, Esq. and Joshua M. Rubin, Esq.. Defendants represented by Jessie M. Gabriel, Esq.. Settlement Conference held on 7/17/2015. The parties are in full agreement with the terms of the settlement. As such, the Court has GRANTED #144 Motion for Judgment Based on Settlement and has awarded the attorney fees as stated in its entirety. The reasons are stated on the record. A final settlement and judgment order shall be signed and entered via ECF separately. (Court Reporter Sherry Bryant.) (Lee, Ilene) |
| Filing 144 Notice of MOTION for Judgment Based on Settlement and for an Award of Attorneys' Fees and Reimbursement of Expenses by Eli Bensinger. (Attachments: #1 Memorandum in Support of Plaintiff's Motion for: (i) Final Approval of Proposed Class Settlement and Plan of Allocation; and (ii) Approval of Class Counsel's Fee And Expense Application and Plaintiff's Time and Expense Application, #2 Declaration of David C. Katz in Support of Plaintiff's Motion for: (i) Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and (ii) Class Counsel's Motion for an Award of Attorney's Fees and Reimbursement of Expenses, #3 Exhibit 1 to Declaration of David C. Katz, #4 Exhibit 2 to Declaration of David C. Katz, #5 Exhibit 3 to Declaration of David C. Katz, #6 Exhibit 4 to Declaration of David C. Katz, #7 Exhibit 5 to Declaration of David C. Katz, #8 Exhibit 6 to Declaration of David C. Katz, #9 Exhibit 7 to Declaration of David C. Katz, #10 Declaration of Plaintiff Eli Bensinger, #11 Declaration of Melissa E. Baldwin, #12 Exhibit A to the Declaration of Melissa E. Baldwin) (Katz, David) |
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Filing 143
ORDER granting #142 Motion for Preliminary Approval of Settlement. The parties will notice that the Court has revised the Preliminary Approval Order in paragraph 12 omitting the condition that Class Members must make a written opposition before appearing in person or through counsel at the Settlement Hearing that will be held on Friday, July 17, 2015, at 11:00 a.m. in Courtroom 6C South. Ordered by Judge John Gleeson on 4/24/2015. (Levin, Sarah)
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| Filing 142 Notice of MOTION for Settlement Preliminary Approval by Eli Bensinger. (Attachments: #1 Memorandum in Support of Plaintiff's Unopposed Motion for (I) Preliminary Approval of Settlement, and (II) Approval of Notice to The Class, #2 Declaration in support of Plaintiff's Unopposed Motion for (I) Preliminary Approval of Settlement, and (II) Approval of Notice to The Class, #3 Exhibit 1 to Declaration, #4 Exhibit 2 to Declaration, #5 Exhibit 3 to Declaration, #6 Exhibit 4 to Declaration, #7 Proposed Order for (I) Preliminary Approval of Settlement, and (II) Approval of Notice to The Class) (Katz, David) |
| Filing 141 MINUTE ENTRY for Telephone Status Conference held on 4/8/15 before Magistrate Judge Viktor V. Pohorelsky: The parties only yesterday finally signed settlement documents. They will now turn to filing their motion for preliminary approval of the settlement. The next conference will held by telephone on April 29, 2015 at 6:00 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). The conference will be marked off the calendar, however, if a motion for preliminary approval of the settlement has been made before the conference is held. (Newton, Joan) |
| Filing 140 MINUTE ENTRY for Telephone Status Conference held on 3/6/15 before Magistrate Judge Viktor V. Pohorelsky: The parties are making minor changes to the settlement documents and fully expect to file their motion for preliminary approval of the settlement within 30 days. The next conference will held by telephone on April 8, 2015 at 5:45 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). The conference will be marked off the calendar, however, if a motion for preliminary approval of the settlement has been made before the conference is held. (Newton, Joan) |
| Filing 139 MINUTE ENTRY for Telephone Status Conference held on 2/6/15 before Magistrate Judge Viktor V. Pohorelsky: The next conference will be held by telephone on March 6, 2015 at 12:30 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). See annexed conference calendar for detailed scheduling and rulings. (Newton, Joan) |
| Filing 138 MINUTE ORDER for Telephone Status Conference held on 1/6/15 before Magistrate Judge Viktor V. Pohorelsky: granting #137 Motion to Stay. The next conference will be held by telephone on February 6, 2015 at 4:45 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). (Newton, Joan) |
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SCHEDULING ORDER: re #137 Joint MOTION to Stay: Telephone Conference set for 1/6/2015 at 5:45 PM. Plaintiff's counsel shall initiate the conference call to chambers (718-613-2400). Ordered by Magistrate Judge Viktor V. Pohorelsky on 12/22/2014. (Toritto, Jim)
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| Filing 137 Joint MOTION to Stay Discovery Deadlines In The Court's November 18, 2014 Order by Eli Bensinger. (Katz, David) |
| Filing 136 MINUTE ORDER for telephone status conference held on 11/18/14 before Magistrate Judge Viktor V. Pohorelsky: granting #135 Motion for Extension of Time to Complete Discovery. The next conference will be held by telephone on February 18, 2015 at 5:00 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). The conference will be marked off the calendar, if a premotion has been requested by the deadline. See annexed conference calendar for detailed scheduling and rulings. (Newton, Joan) |
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SCHEDULING ORDER: Telephone Conference set for 11/18/2014 05:00 PM to address issues raised in #135 letter motion for extension of time. Plaintiff's counsel is to initiate the call (Chambers: 718-613-2400). Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/14/14. (Newton, Joan)
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| Filing 135 Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: #1 Exhibit A-Proposed Revised Scheduling Order) (Kornfeld, Mark) |
| Filing 134 MINUTE ENTRY for telephone status conference held on 7/25/14 before Magistrate Judge Viktor V. Pohorelsky: Schedule for completion of pretrial proceedings entered. The next conference will be held by telephone on December 19, 2014 at 2:00 p.m. which will be marked off the calendar if a premotion conference has been requested by 12/15/14. See annexed conference calendar for detailed scheduling and rulings (Newton, Joan) |
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SCHEDULING ORDER: Telephone Conference set for 7/25/2014 04:00 PM before Magistrate Judge Viktor V. Pohorelsky. Plaintiffs' counsel shall initiate the conference call to chambers (718-613-2400). Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/15/2014. (Toritto, Jim)
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Filing 133
ORDER: For the reasons stated in the attached memorandum and order, defendant's #117 motion to dismiss Count II of the Second Amended Class Action Complaint is granted. Ordered by Judge John Gleeson on 7/14/2014. (Herling, Adam)
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| Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiff represented by Joseph H. Weiss, Esq. and David C. Katz, Esq. Defendants represented by Jessie M. Gabriel, Esq., Marco Molina, Esq., and Elizabeth Schutte, Esq. Oral Argument held on 7/1/2014 re #117 Notice of MOTION to Dismiss Count II of the Second Amended Class Action Complaint filed by Denbury Resources Inc.. The Court's decision is reserved and will be filed via ECF separately. (Court Reporter Nicole Canales.) (Lee, Ilene) |
| Filing 132 USCA STATEMENT OF COSTS - IT IS HEREBY ORDERED that costs are taxed in the amount of $224.60 in favor of Appellee. Certified Copy issued: 6/26/14. (McGee, Mary Ann) |
| Filing 131 REPLY in Opposition re #117 Notice of MOTION to Dismiss Count II of the Second Amended Class Action Complaint, #118 Memorandum in Support (Plaintiffs' Sur-Reply Memorandum In Further Opposition To Defendant's Motion To Dismiss Count II of the Second Amended Class Action Complaint) filed by Eli Bensinger, Jack Deutsch, Chaim Katz. (Attachments: #1 Exhibit A) (Weiss, Joseph) |
| Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiff represented by Joseph H. Weiss, Esq. and David C. Katz, Esq.. Defendants represented by Jessie M. Gabriel, Esq. and Marco Molina, Esq.. Status Conference held on 5/27/2014 regarding the renewed Motion to Dismiss. Submission by the plaintiff is to be filed within to weeks of today. The Oral Argument date is set for July 1, 2014 at 11:30 AM in courtroom 6C South before Judge John Gleeson. (Court Reporter Michele Nardone.) (Lee, Ilene) |
| Filing 130 Letter to Judge Gleeson in Response to Plaintiffs' May 8, 2014 Letter Requesting a Pre-Motion Conference by Denbury Resources Inc. (Gabriel, Jessie) |
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ORDER granting #129 Motion to Adjourn Conference: The status conference currently scheduled for May 22, 2014, is hereby adjourned to May 27, 2014, at 11:00 AM in courtroom 6C South. Ordered by Judge John Gleeson on 5/14/2014. (Herling, Adam)
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| Filing 129 Letter MOTION to Adjourn Conference scheduled for May 22, 2014 by Eli Bensinger, Jack Deutsch, Chaim Katz. (Weiss, Joseph) |
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SCHEDULING ORDER: A status conference will be held on May 22, 2014, at 11:00 AM in courtroom 6C South. Ordered by Judge John Gleeson on 5/12/2014. (Herling, Adam)
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| Filing 128 Letter Motion for pre motion conference by Eli Bensinger, Jack Deutsch, Chaim Katz (Weiss, Joseph) |
| Filing 127 USCA MANDATE - Petitioner, through counsel, moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the District Courts order granting Respondents motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. USCA#12-4065 Issued as Mandate: 4/18/14. (McGee, Mary Ann) |
| Filing 126 USCA MANDATE - IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the order of the District Court be and hereby is AFFIRMED. Per USCA a Notice of Appeal was not required to be filed District Court. See document #95 Filing fee was paid at the District Court Issued as Mandate: 4/18/14 (McGee, Mary Ann) |
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ORDER: In light of the Second Circuit's #124 order to stay proceedings pending disposition of the Defendant's #94 appeal, the October 16, 2013 Telephone Conference is adjourned without date. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/16/2013. (Toritto, Jim)
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| Filing 125 Letter Informing the Court of the 10/17/2013 Decision from the U.S. Court of Appeals for the Second Circuit Staying the District Court Proceedings, and Requesting that the 10/16/2013 Conference be Cancelled by Denbury Resources Inc. (Gabriel, Jessie) |
| Filing 124 USCA ORDER - Appellants motion for a stay of the District Court proceedings, pending disposition of the appeal, is GRANTED. Appellee moves to hold the appeal in abeyance, and cross-moves to terminate the appeal without prejudice It is further ORDERED that Appellees motions are DENIED. Certified Copy of issued 10/7/13. (McGee, Mary Ann) |
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ORDER: In light of the Second Circuit's #124 order to stay proceedings pending disposition of Defendant's #94 appeal, the Oral Argument scheduled for October 9, 2013, is adjourned without date. Ordered by Judge John Gleeson on 10/8/2013. (Herling, Adam)
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| Filing 123 Letter MOTION for pre motion conference for Motion to Strike by Eli Bensinger. (Weiss, Joseph) |
| Filing 122 REPLY in Support re #117 Notice of MOTION to Dismiss Count II of the Second Amended Class Action Complaint filed by Denbury Resources Inc.. (Gabriel, Jessie) |
| Filing 121 DECLARATION re #120 Memorandum in Opposition To Denbury Resources Inc.'s Motion To Dismiss Count II Of The Second Amended Class Action Complaint by Eli Bensinger, Jack Deutsch, Chaim Katz (Attachments: #1 Exhibit A, #2 Exhibit B- Part I, #3 Exhibit B- Part II, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H) (Weiss, Joseph) |
| Filing 120 MEMORANDUM in Opposition re #117 Notice of MOTION to Dismiss Count II of the Second Amended Class Action Complaint filed by Eli Bensinger, Jack Deutsch, Chaim Katz. (Weiss, Joseph) |
| Filing 119 AFFIDAVIT/DECLARATION in Support re #117 Notice of MOTION to Dismiss Count II of the Second Amended Class Action Complaint of Jessie M. Gabriel filed by Denbury Resources Inc.. (Attachments: #1 Exhibit 1 to the Declaration of Jessie M. Gabriel, #2 Exhibit 2 to the Declaration of Jessie M. Gabriel) (Gabriel, Jessie) |
| Filing 118 MEMORANDUM in Support re #117 Notice of MOTION to Dismiss Count II of the Second Amended Class Action Complaint filed by Denbury Resources Inc.. (Gabriel, Jessie) |
| Filing 117 Notice of MOTION to Dismiss Count II of the Second Amended Class Action Complaint by Denbury Resources Inc.. (Gabriel, Jessie) |
| Filing 116 MINUTE ENTRY for telephone status conference held on 8/23/13 before Magistrate Judge Viktor V. Pohorelsky: The deadlines in the present scheduling order are tolled pending the next conference at which the parties are expected to have proposals for a reasonable scheduling order in view of the motion to dismiss and other matters that are presently sub judice. The next conference will held by telephone on October 16, 2013 at 4:45 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). (Main Document 116 replaced on 8/26/2013) (Newton, Joan) |
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RESET CONFERENCE: Time Change Only -- The 8/23/13 telephone conference has been rescheduled from 4:15 p.m. to 1:45 p.m. Ordered by Judge Pohorelsky on 8/20/13. (Newton, Joan)
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| Set Schedule: In the absence of an order to the contrary from the Second Circuit, defendant is directed to file its motion to dismiss by September 4, 2013. Plaintiffs' response is due by September 24, 2013 Defendant's reply, if any, is due by October 2, 2013. Oral argument shall be heard on October 9, 2013 at 10:00 AM in Courtroom 6C South before Judge John Gleeson. (O'Reilly, Helen) |
| Filing 115 Letter Response to Letter Requesting a Pre-Motion Conference by Denbury Resources Inc. (Dkt No. 114) by Eli Bensinger, Jack Deutsch, Chaim Katz (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Weiss, Joseph) |
| Filing 114 Letter Requesting a Pre-Motion Conference by Denbury Resources Inc. (Gabriel, Jessie) |
| Filing 113 MINUTE ENTRY for telephone status conference held on 7/26/13 before Magistrate Judge Viktor V. Pohorelsky: The deadlines in the order dated May 9, 2013 are extended by 30 days. The issue of further extensions will be addressed at the next conference scheduled below. The next conference will held by telephone on August 23, 2013 at 4:15 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). (Newton, Joan) |
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ORDER granting #112 Motion for Extension of Time to Answer. Denbury Resources Inc.'s answer is due 8/12/2013. If, in lieu of an answer, Denbury files a letter requesting a pre-motion conference, this court will - at that time - set a briefing schedule. Ordered by Judge John Gleeson on 7/22/2013. (O'Reilly, Helen)
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| Filing 112 Letter MOTION for Extension of Time to File Answer re #111 Amended Complaint by Denbury Resources Inc.. (Molina, Marco) |
| Filing 111 AMENDED COMPLAINT Second Amended Complaint against Denbury Resources Inc., filed by Eli Bensinger, Jack Deutsch, Chaim Katz. (Attachments: #1 Plaintiff's Certification, #2 Plaintiff's Certification) (Weiss, Joseph) |
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Filing 110
ORDER granting #100 Motion to Amend/Correct/Supplement. For the reasons discussed in the attached memorandum, the motion to amend to add a new plaintiff is granted. A copy of the amended complaint naming the new plaintiff shall be filed by July 16, 2013. Ordered by Judge John Gleeson on 7/3/2013. (O'Reilly, Helen)
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| Filing 109 MINUTE ENTRY for telephone status conference held on 5/24/13 before Magistrate Judge Viktor V. Pohorelsky: Two matters remain outstanding which will affect deadlines for the completion of discovery and other pretrial proceedings the defendant's appeal of the class certification decision and the plaintiff's motion to amend the complaint to add a plaintiff or plaintiffs. Except for such discovery as may be necessary after the decision on the above, factual discovery is complete. The next conference will held by telephone on July 26, 2013 at 3:00 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). (Newton, Joan) |
| Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by David C. Katz, Esq. and Joseph H. Weiss, Esq. Defendants represented by Mark Kornfeld, Esq. and Jessie M. Gabriel, Esq. Oral Argument held on 5/21/2013 re #100 MOTION to Amend/Correct/Supplement #12 Amended Complaint filed by Eli Bensinger. The Court's decision is reserved and will be filed via ECF separately. (Court Reporter Victoria Torres-Butler.) (Lee, Ilene) |
| Filing 108 REPLY in Support re #100 MOTION to Amend/Correct/Supplement #12 Amended Complaint filed by Eli Bensinger. (Weiss, Joseph) |
| Incorrect Case/Document/Entry Information. Please disregard document #106 as per Counsel incorrect document attached to main event. Refiled See doc. #107 for corrected filing. (Guzzi, Roseann) |
| Filing 107 AFFIDAVIT/DECLARATION in Opposition re #100 MOTION to Amend/Correct/Supplement #12 Amended Complaint of Jessie Morgan Gabriel filed by Denbury Resources Inc.. (Attachments: #1 Exhibit A to the Declaration of Jessie Morgan Gabriel, #2 Exhibit B to the Declaration of Jessie Morgan Gabriel, #3 Exhibit C to the Declaration of Jessie Morgan Gabriel, #4 Exhibit D to the Declaration of Jessie Morgan Gabriel, #5 Exhibit E to the Declaration of Jessie Morgan Gabriel, #6 Exhibit F to the Declaration of Jessie Morgan Gabriel) (Gabriel, Jessie) |
| Filing 106 AFFIDAVIT/DECLARATION in Opposition re #100 MOTION to Amend/Correct/Supplement #12 Amended Complaint of Jessie Morgan Gabriel filed by Denbury Resources Inc.. (Attachments: #1 Exhibit A to the Declaration of Jessie Morgan Gabriel, #2 Exhibit B to the Declaration of Jessie Morgan Gabriel, #3 Exhibit C to the Declaration of Jessie Morgan Gabriel, #4 Exhibit D to the to the Declaration of Jessie Morgan Gabriel, #5 Exhibit E to the Declaration of Jessie Morgan Gabriel, #6 Exhibit F to the Declaration of Jessie Morgan Gabriel) (Gabriel, Jessie) |
| Filing 105 MEMORANDUM in Opposition re #100 MOTION to Amend/Correct/Supplement #12 Amended Complaint filed by Denbury Resources Inc.. (Kornfeld, Mark) |
| Filing 104 NOTICE of Appearance by Marco Molina on behalf of Denbury Resources Inc. (aty to be noticed) (Molina, Marco) |
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Filing 103
ORDER granting #99 Motion for Extension of Time to Complete Discovery; Revised Scheduling Order entered. Ordered by Magistrate Judge Viktor V. Pohorelsky on 5/9/2013. (Newton, Joan)
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| Filing 102 DECLARATION re #100 MOTION to Amend/Correct/Supplement #12 Amended Complaint , #101 Memorandum in Support of Motion to Amend Complaint by Eli Bensinger (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q) (Weiss, Joseph) |
| Filing 101 MEMORANDUM in Support re #100 MOTION to Amend/Correct/Supplement #12 Amended Complaint filed by Eli Bensinger. (Weiss, Joseph) |
| Filing 100 MOTION to Amend/Correct/Supplement #12 Amended Complaint by Eli Bensinger. (Weiss, Joseph) |
| Filing 99 Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: #1 Exhibit A-Proposed Revised Scheduling Order) (Kornfeld, Mark) |
| Filing 98 NOTICE of Appearance by Elizabeth Schutte on behalf of Denbury Resources Inc. (aty to be noticed) (Schutte, Elizabeth) |
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Plaintiff's request for a pre motion conference is denied as unnecessary. Plaintiff's papers in support of its motion to amend the complaint are due on May 9, 2013; defendants' response is due on May 16, 2013; plaintiff's reply, if any, is due on May 20, 2013. Oral argument on the motion will be held on May 21, 2013 at 10:00 AM in Courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 5/3/2013. Ordered by Judge John Gleeson on 5/3/2013. (O'Reilly, Helen)
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| Filing 97 Letter MOTION for pre motion conference for Leave to Amend the Complaint by Eli Bensinger. (Weiss, Joseph) |
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ORDER granting #96 Motion for Extension of Time to Complete Discovery. Rule 26(a)(2) disclosures with respect to experts shall be provided by April 9, 2013. By May 13, 2013, the parties shall provide all disclosure required by Rule 26(a)(2) with respect to rebuttal experts. The deadline for requesting a premotion conference with respect to any proposed dispositive motions is May 23, 2013. The 4/12/13 Telephone Conference is adjourned until Friday, May 24, 2013 at 2:00 p.m. The conference will be marked off the calendar, however, if a premotion conference has been requested by the deadline above. In that event, the movant(s) shall advise chambers once the date and time of the premotion conference has been set, and all counsel shall report to Room 1207 immediately after the premotion conference for a brief status conference with the magistrate judge. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/22/2013. (Toritto, Jim)
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| Filing 96 Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: #1 Exhibit A) (Gabriel, Jessie) |
| Filing 95 Docketing Fee of $455.00 paid. Receipt #4653054932 assigned pursuant to USCA Order filed 2/11/13 granting Respondent's motion for Class Certification. Per USCA, A Notice of Appeal is not required to be filed in the District Court. (McGee, Mary Ann) |
| Filing 94 USCA ORDER - Petitioner, through counsel, moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district courts order granting Respondents motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Issued as Mandate: 1/31/13. (McGee, Mary Ann) |
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ORDER granting #93 motion for an extension of time to complete discovery. Rule 26(a)(2) disclosures with respect to experts shall be provided by March 29, 2013. The deadline for requesting a premotion conference with respect to any proposed dispositive motions is April 11, 2013. The 2/15/13 Telephone Conference is adjourned until Friday, April 12, 2013 at 3:00 p.m. The conference will be marked off the calendar, however, if a premotion conference has been requested by the deadline above. In that event, the movant(s) shall advise chambers once the date and time of the premotion conference has been set, and all counsel shall report to Room 1207 immediately after the premotion conference for a brief status conference with the magistrate judge. Ordered by Magistrate Judge Viktor V. Pohorelsky on 1/22/2013. (Toritto, Jim)
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| Filing 93 Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: #1 Exhibit A - Proposed Scheduling Order) (Gabriel, Jessie) |
| Filing 92 MINUTE ORDER for proceedings held before Magistrate Judge Viktor V. Pohorelsky: granting in part #91 Motion for Extension of Time to Complete Discovery. A conference will be held by telephone on February 15, 2013 at 2:00 p.m., to be initiated by counsel for the plaintiff. The conference will be marked off the calendar, however, if a premotion conference has been requested by 2/14/13. See annexed calendar minutes for detailed scheduling and rulings. (Newton, Joan) |
| Filing 91 Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: #1 Proposed Order Revised Scheduling Order) (Gabriel, Jessie) |
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Filing 90
ORDER granting #44 Motion to Certify Class and denying #48 Motion for Judgment on the Pleadings. Ordered by Judge John Gleeson on 9/28/2012. (O'Reilly, Helen)
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| Filing 89 NOTICE of Change of Firm Name by Joshua M. Rubin (Rubin, Joshua) |
| Filing 88 NOTICE of Change of Firm Name by Mark David Smilow (Smilow, Mark) |
| Filing 87 NOTICE of Change of Firm Name by David Corey Katz (Katz, David) |
| Filing 86 NOTICE of Change of Firm Name by Joseph Harry Weiss (Weiss, Joseph) |
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ORDER granting #82 motion for an extension of time to complete discovery. The proposed revised scheduling order is approved. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/30/2012. (Toritto, Jim)
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Filing 83
OPINION AND ORDER granting in part and denying in part Motion #49 to compel production of documents listed on the defendant's privilege log. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/25/2012. (Pohorelsky, Viktor)
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| Filing 82 Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: #1 (Proposed) Revised Scheduling Order) (Gabriel, Jessie) |
| Filing 81 Letter to Magistrate Judge Viktor Pohorelsky re: Order on Defendants' Motion to Quash Subpoena (Dkt. # 75) by Eli Bensinger (Attachments: #1 Exhibit) (Katz, David) |
| Filing 80 Letter in Response to Plaintiff's May 31, 2012 Submission in Support of Their Motion to Compel by Denbury Resources Inc. (Truong, Sarah Jane) |
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Filing 79
REVISED SCHEDULING ORDER setting dates for discovery and other pretrial proceedings. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/1/2012. Attachment (Newton, Joan)
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| Filing 78 MINUTE ORDER for telephone conference held on 6/1/12 before Magistrate Judge Viktor V. Pohorelsky: granting #76 Motion for Extension of Time to Complete Discovery. A conference is scheduled for October 5, 2012 at 2:00 p.m., to be initiated by counsel for the plaintiff unless a request for a premotion conference is made by September 30, 2012. See annexed calendar minutes for detailed scheduling and rulings. (Newton, Joan) |
| Filing 77 Letter presenting newly taken testimony in further support of previously filed motion to compel the production of privilege log documents (Dkts. No. 49 and 65) by Eli Bensinger (Attachments: #1 Exhibit A) (Katz, David) |
| Filing 76 Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: #1 (Proposed) Revised Scheduling Order) (Truong, Sarah Jane) |
| Filing 75 Letter to Magistrate Judge Victor Pohorelsky- Re: Defendant's Motion to Quash Subpoena by Denbury Resources Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Truong, Sarah Jane) |
| Filing 74 Letter Withdrawing Without Prejudice Emergency Application Filed on May 14, 2012 Dkt. No. 73 by Eli Bensinger (Katz, David) |
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ORDER withdrawing #73 Motion for Discovery. Ordered by Magistrate Judge Viktor V. Pohorelsky on 5/15/2012. (Toritto, Jim)
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| Filing 73 Emergency MOTION for Discovery For An Immediate Protective Order Restraining Defendant Denbury Resources, Inc. From Taking The Deposition of Non-Party Herb Kurlan Until Plaintiff And His Counsel Are Given A Meaningful Opportunity To Review The Documents Produced To Denbury By V-Trader by Eli Bensinger. (Attachments: #1 Exhibit A (Emails of April 17, 2012)) (Smilow, Mark) |
| Filing 72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 23, 2012, before Judge Gleeson. Court Reporter/Transcriber H. Driscoll, Telephone number (718)613-2274. Email address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/25/2012. Redacted Transcript Deadline set for 6/4/2012. Release of Transcript Restriction set for 8/2/2012. (Driscoll, Holly) |
| Filing 71 RESPONSE in Opposition re #49 Letter MOTION to Compel Privilege Log Documents filed by Denbury Resources Inc.. (Attachments: #1 Exhibit A) (Truong, Sarah Jane) |
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SET DEADLINE: Any response to the plaintiff's 5/3/12 letter #70 is due by May 10, 2012. Ordered by Magistrate Judge Viktor V. Pohorelsky on 5/4/2012. (Toritto, Jim)
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| Filing 70 Letter presenting newly discovered documentary evidence in further support of previously filed motion to compel the production of privilege log documents (Dkts. No. 49 and 65) by Eli Bensinger (Attachments: #1 Exhibit) (Katz, David) |
| Filing 69 RESPONSE in Opposition re #66 Letter MOTION for pre motion conference re #65 Order on Motion to Compel, Order on Motion for Discovery,, Order on Motion for Extension of Time to Amend, Discovery Hearing,,,,,,,,,, filed by Denbury Resources Inc.. (Truong, Sarah Jane) |
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ORDER granting #68 motion for an extension of time until 5/23/12 to complete discovery. The proposed revised scheduling order is approved. The 5/4/12 Telephone Conference is adjourned until Friday, June 1, 2012 at 3:15 p.m. Any further requests to extend the discovery deadline must by accompanied by an explanation of what discovery remains and why it could not have been obtained earlier. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/5/2012. (Toritto, Jim)
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| Filing 68 Letter MOTION for Extension of Time to Complete Discovery by Eli Bensinger. (Attachments: #1 Exhibit A) (Katz, David) |
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ORDER denying #66 Motion for Pre Motion Conference: In light of the pending motions for class certification and judgment on the pleadings, the Court finds it imprudent at this time to schedule a premotion conference concerning the amendment of the pleadings or the joinder of additional parties or to consider the timeliness of a request for such a conference. If necessary, plaintiff may raise these issues after decision on the pending motions. Ordered by Judge John Gleeson on 4/3/2012. (Sheketoff, Julia)
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| Filing 67 REPLY in Support (Letter Sur-Reply) to Motion to Compel Production of Documents Withheld for Attorney Privilege - Dkt. #49 filed by Eli Bensinger. (Katz, David) |
| Filing 66 Letter MOTION for pre motion conference re #65 Order on Motion to Compel, Order on Motion for Discovery,, Order on Motion for Extension of Time to Amend, Discovery Hearing,,,,,,,,,, by Eli Bensinger. (Weiss, Joseph) |
| Filing 65 MINUTE ORDER for discovery hearing held on 3/23/12 before Magistrate Judge Viktor V. Pohorelsky: denying in part #49 Motion to Compel; denying #50 Motion for Discovery; granting in part and denying in part #51 Motion to Compel; granting in part and denying in part #54 Motion for Extension of Time to Amend. A conference will be held by telephone on May 4, 2012 at 4:00 p.m., to be initiated by counsel for the plaintiff. See annexed calendar minutes for detailed scheduling and rulings. (Newton, Joan) |
| Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by Joseph H. Weiss, Esq.; David C. Katz, Esq.; Max Fuchs, Esq.; and Joshua M. Rubin., Esq. Defedants represented by Mark Kornfeld, Esq.; Jerry R. Linscott, Esq.; Jessie M. Gabriel, Esq.; and Sarah Jane T.C. Truong, Esq. Oral Arguments held on 3/23/2012 re #48 MOTION for Judgment on the Pleadings filed by Eli Bensinger and #44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Eli Bensinger. The Court's decision is reserved and will be filed via ECF separately. (Court Reporter Holly Driscoll.) (Lee, Ilene) |
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SCHEDULING ORDER: The 3/16/12 conference is adjourned until Friday, March 23, 2012 immediately following the oral argument before Judge Gleeson. The outstanding discovery motions will be addressed at the conference. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/13/2012. (Toritto, Jim)
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SCHEDULING ORDER re #48 MOTION for Judgment on the Pleadings filed by Eli Bensinger, #44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Eli Bensinger: Oral argument on the #44 Motion for Judgment on the Pleadings and #48 Motion to Certify a Class is adjourned to 10:00 AM on 3/23/2012. Ordered by Judge John Gleeson on 3/12/2012. (Sheketoff, Julia)
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ORDER granting #64 Motion to Adjourn Conference. The 3/9/12 conference is adjourned sine die. All counsel are to report to Courtroom 13A on 3/16/12 immediately following the proceedings before the district judge for a brief status conference with the magistrate judge.. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/7/2012. (Newton, Joan)
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| Filing 64 Letter MOTION to Adjourn Conference and request to reschedule status/discovery conference by Eli Bensinger. (Smilow, Mark) |
| Filing 63 REPLY in Support re #48 MOTION for Judgment on the Pleadings filed by Eli Bensinger. (Attachments: #1 Affidavit in Support, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B, #6 Exhibit C-1, #7 Exhibit C-2, #8 Exhibit C-3, #9 Exhibit D, #10 Exhibit E) (Weiss, Joseph) |
| Filing 62 REPLY in Support re #44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Eli Bensinger. (Attachments: #1 Affidavit in Support, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B, #6 Exhibit C-1, #7 Exhibit C-2, #8 Exhibit C-3, #9 Exhibit D, #10 Exhibit E) (Weiss, Joseph) |
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SCHEDULING ORDER: re #48 MOTION for Judgment on the Pleadings filed by Eli Bensinger, #44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Eli Bensinger: Oral argument on the #44 Motion for Judgment on the Pleadings and #48 Motion to Certify a Class is adjourned to 3/16/2012 at 3:00 PM. Ordered by Judge John Gleeson on 2/17/2012. (Sheketoff, Julia)
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| Filing 61 RESPONSE in Opposition re #54 Letter MOTION for Extension of Time to Amend the pleadings filed by Denbury Resources Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Gabriel, Jessie) |
| Filing 60 AFFIDAVIT/DECLARATION in Opposition re #48 MOTION for Judgment on the Pleadings filed by Denbury Resources Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - 1, #4 Exhibit 3 - 2, #5 Exhibit 4, #6 Exhibit 5 - 1, #7 Exhibit 5 - 2, #8 Exhibit 5 - 3, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15) (Gabriel, Jessie) |
| Filing 59 MEMORANDUM in Opposition re #48 MOTION for Judgment on the Pleadings filed by Denbury Resources Inc.. (Gabriel, Jessie) |
| Filing 58 AFFIDAVIT/DECLARATION in Opposition re #44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Denbury Resources Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 - 1, #8 Exhibit 7 - 2, #9 Exhibit 7 - 3, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10) (Linscott, Jerry) |
| Filing 57 MEMORANDUM in Opposition re #44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Denbury Resources Inc.. (Linscott, Jerry) |
| Filing 56 RESPONSE in Opposition re #51 Letter MOTION to Compel production of documents and testimony being improperly withheld by Plaintiff Eli Bensinger filed by Eli Bensinger. (Attachments: #1 Exhibit A) (Weiss, Joseph) |
| Filing 55 RESPONSE in Opposition re #50 Letter MOTION for Discovery Scheduling Order filed by Denbury Resources Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Gabriel, Jessie) |
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SET DEADLINE: Any response to the plaintiff's #54 motion for an extension of time to amend is due by February 15, 2012. Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/9/2012. (Toritto, Jim)
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| Filing 54 Letter MOTION for Extension of Time to Amend the pleadings by Eli Bensinger. (Attachments: #1 Exhibit A) (Weiss, Joseph) |
| Filing 53 RESPONSE in Opposition re #49 Letter MOTION to Compel Privilege Log Documents filed by Denbury Resources Inc.. (Attachments: #1 Exhibit A) (Gabriel, Jessie) |
| Motions terminated, docketed incorrectly: #52 Letter MOTION to Compel. The filing is part of motion #51 which remains pending. (Toritto, Jim) |
| Motions terminated, docketed incorrectly: #52 Letter MOTION to Compel production of documents and testimony being improperly withheld by Plaintiff Eli Bensinger - Continuation of Exhibits C to K filed by Denbury Resources Inc.. (This Document Is Not A Motion These are Exhibits to the Motion to Compel) (Piper, Francine) |
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SET DEADLINE: Any response to the plaintiff's #50 motion or the defendant's #51 motion is due by February 9, 2012. Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/3/2012. (Toritto, Jim)
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| Filing 52 Letter MOTION to Compel production of documents and testimony being improperly withheld by Plaintiff Eli Bensinger - Continuation of Exhibits C to K by Denbury Resources Inc.. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit I, #8 Exhibit J, #9 Exhibit K) (Gabriel, Jessie) |
| Filing 51 Letter MOTION to Compel production of documents and testimony being improperly withheld by Plaintiff Eli Bensinger by Denbury Resources Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Gabriel, Jessie) |
| Filing 50 Letter MOTION for Discovery Scheduling Order by Eli Bensinger. (Attachments: #1 Exhibit A) (Weiss, Joseph) |
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SET DEADLINE: Any response to the plaintiff's #49 motion to compel is due by 2/8/12. It is respectfully requested that the plaintiff provide the court forthwith a courtesy copy of the moving papers. Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/2/2012. (Toritto, Jim)
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| Filing 49 Letter MOTION to Compel Privilege Log Documents by Eli Bensinger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Weiss, Joseph) |
| Filing 48 MOTION for Judgment on the Pleadings by Eli Bensinger. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A Proxy, #4 Exhibit A Proxy - 2, #5 Exhibit A Proxy - 3, #6 Exhibit B - Transcript of Hearing - 4-8-2011, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K Osofsky SEC Br) (Weiss, Joseph) |
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ORDER re #47 Letter filed by Denbury Resources Inc.: The Court has reviewed the recent #47 letter filed by Denbury Resources and has considered the issues raised therein. However, the Court adheres to its original decision and the briefing schedule set forth in its 12/13/2011 Order remains in place. Ordered by Judge John Gleeson on 12/19/2011. (Sheketoff, Julia)
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| Filing 47 Letter in response to plaintiff's letter requesting leave to file a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) by Denbury Resources Inc. (Attachments: #1 Exhibit A) (Gabriel, Jessie) |
| Filing 46 MINUTE ORDER for telephone status & discovery hearing held on 12/15/11 before Magistrate Judge Viktor V. Pohorelsky: denying in part and deferred in part #40 Motion to Compel. The next conference will be held on March 9, 2012 immediately following the proceedings before the district judge. See annexed conference calendar miinutes for details. (Newton, Joan) |
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ORDER granting #45 Request to File Motion for Judgment on the Pleadings: If plaintiff wishes to file a motion for judgment on the pleadings, he is ordered to do so by 1/13/2012. Defendant is ordered to submit his opposition by 2/10/2012 and plaintiff must submit his reply by 2/24/2012. Oral argument will be held on the motion at 10:30 AM on 3/9/2012 in Courtroom 6C South before Judge Gleeson. The same briefing schedule applies for plaintiff's #44 motion for class certification and appointment of class representative and class counsel: Defendant is ordered to submit his opposition by 2/10/2012, plaintiff must submit his reply by 2/24/2012, and oral argument will be held at 10:30 AM on 3/9/2012. Ordered by Judge John Gleeson on 12/13/2011. (Sheketoff, Julia)
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| Filing 45 Letter MOTION for Judgment on the Pleadings Request for Permission to File by Eli Bensinger. (Weiss, Joseph) |
| Filing 44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel by Eli Bensinger. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proposed Order) (Weiss, Joseph) |
| Filing 43 RESPONSE in Opposition re #40 Letter MOTION to Compel production of documents filed by Denbury Resources Inc.. (Attachments: #1 Exhibit A) (Gabriel, Jessie) |
| Filing 42 NOTICE of Appearance by Sarah Jane Tien Cam Truong on behalf of Denbury Resources Inc. (aty to be noticed) (Truong, Sarah Jane) |
| Filing 41 NOTICE of Appearance by Jessie Morgan Gabriel on behalf of Denbury Resources Inc. (aty to be noticed) (Gabriel, Jessie) |
| Filing 40 Letter MOTION to Compel production of documents by Eli Bensinger. (Attachments: #1 Exhibit A, #2 Exhibit B) (Weiss, Joseph) |
| Filing 39 NOTICE of Appearance by Jerry R. Linscott on behalf of Denbury Resources Inc. (notification declined or already on case) (Linscott, Jerry) |
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ORDER granting #38 motion for Jerry R. Linscott to appear pro hac vice. Counsel shall register with ECF and file a notice of appearance. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/29/2011. (Toritto, Jim)
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| Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5040540. by Denbury Resources Inc.. (Attachments: #1 Affidavit of Jerry R. Linscott in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order Granting Admission of Jerry R. Linscott Pro Hac Vice) (Linscott, Jerry) |
| Filing 37 MINUTE ENTRY for initial scheduling conference held on 9/22/11 before Magistrate Judge Viktor V. Pohorelsky: A status conference will be held by telephone on December 15, 2011 at 2:30 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). Scheduling order entered (Newton, Joan) |
| Filing 36 NOTICE of Appearance by David Corey Katz on behalf of Eli Bensinger (aty to be noticed) (Katz, David) |
| Filing 35 ANSWER to #12 Amended Complaint by Denbury Resources Inc.. (Heim, Kathryn) |
| Filing 34 MOTION for Extension of Time to File Answer and an extension of time to meet and confer by Denbury Resources Inc.. (Kornfeld, Mark) |
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ORDER granting #34 Motion for extension of Time to Answer to 9/9/2011, and for extension of time to meet and confer to 9/12/2011. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/26/2011. (Somekh, Sogol)
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SCHEDULING ORDER: An initial conference will be held in this case on September 21, 2011 at 11:00 a.m. before Viktor V. Pohorelsky, United States Magistrate Judge in Courtroom 13A of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All parties are directed to make the disclosures required by Rules 26(a)(1) of the Federal Rules of Civil Procedure no later than five days before the conference. All counsel are required to attend, and plaintiffs counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/22/2011. (Newton, Joan)
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Filing 33
ORDER denying #24 Motion to Dismiss: For the reasons stated in the attached memorandum and order, the motion to dismiss, #24 , is DENIED. Ordered by Judge John Gleeson on 8/17/2011. (Glaser, Miriam)
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| Filing 32 Minute Entry for proceedings held before Judge John Gleeson:Motion Hearing held on 4/8/2011 re #24 MOTION to Dismiss filed by Denbury Resources Inc. Oral Argument heard. Decision reserved. (Piper, Francine) |
| Filing 31 REPLY in Support of Defendant Denbury Resources Inc's Motion to Dismiss filed by Denbury Resources Inc.. (Attachments: #1 Appendix Unpublished Cases Cited in Denbury Resources Inc's Reply to Plaintiff's Memorandum in Opposition To Defendant's Motion To Dismiss) (Heim, Kathryn) |
| Filing 30 AFFIDAVIT/DECLARATION in Opposition re #24 MOTION to Dismiss filed by Eli Bensinger. (Attachments: #1 Exhibit A) (Weiss, Joseph) |
| Filing 29 MEMORANDUM in Opposition re #24 MOTION to Dismiss filed by Eli Bensinger. (Weiss, Joseph) |
| Filing 28 NOTICE of Change of firm address by Joseph Harry Weiss (Weiss, Joseph) |
| Filing 27 Corporate Disclosure Statement by Denbury Resources Inc. (Heim, Kathryn) |
| Filing 26 AFFIDAVIT/DECLARATION in Support re #24 MOTION to Dismiss filed by Denbury Resources Inc.. (Attachments: #1 Exhibit A to the Heim Declaration, #2 Exhibit B to the Heim Declaration, #3 Exhibit C-1 to the Heim Declaration, #4 Exhibit C-2 to the Heim Declaration, #5 Exhibit C-3 to the Heim Declaration, #6 Exhibit C-4 to the Heim Declaration, #7 Exhibit C-5 to the Heim Declaration, #8 Exhibit D to the Heim Declaration, #9 Exhibit E to the Heim Declaration, #10 Exhibit F to the Heim Declaration, #11 Exhibit G to the Heim Declaration, #12 Exhibit H-1 to the Heim Declaration, #13 Exhibit H-2 to the Heim Declaration, #14 Exhibit H-3 to the Heim Declaration, #15 Exhibit H-4 to the Heim Declaration, #16 Exhibit H-5 to the Heim Declaration, #17 Exhibit I to the Heim Declaration, #18 Exhibit J-1 to the Heim Declaration, #19 Exhibit J-2 to the Heim Declaration, #20 Exhibit J-3 to the Heim Declaration, #21 Exhibit J-4 to the Heim Declaration, #22 Exhibit J-5 to the Heim Declaration) (Heim, Kathryn) |
| Filing 25 MEMORANDUM in Support re #24 MOTION to Dismiss filed by Denbury Resources Inc.. (Heim, Kathryn) |
| Filing 24 MOTION to Dismiss by Denbury Resources Inc.. (Heim, Kathryn) |
| Filing 23 NOTICE of Appearance by Kathryn Michelle Heim on behalf of Denbury Resources Inc. (aty to be noticed) (Heim, Kathryn) |
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ORDER granting #21 Motion for Extension of Time to File; SCHEDULING ORDER: The parties have consented to the following briefing schedule: Defendant's opening brief due 3/15/11, plaintiff's response due 3/29/11, and defendant's reply due 4/6/11. Oral argument on the motion to dismiss remains scheduled for 4/8/11 at 11:00 AM in Courtroom 6C South. Ordered by Judge John Gleeson on 2/28/2011. (Morris, Brian)
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| Filing 22 NOTICE of Appearance by Mark Kornfeld on behalf of Denbury Resources Inc. (aty to be noticed) (Kornfeld, Mark) |
| Filing 21 Letter MOTION for Extension of Time to File the motion to dismiss, on consent by Denbury Resources Inc.. (Kosack, Melissa) |
| Filing 20 NOTICE of Appearance by Melissa Lori Kosack on behalf of Denbury Resources Inc. (aty to be noticed) (Kosack, Melissa) |
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SCHEDULING ORDER: Upon review of the parties' submissions #18 #19 and having determined that no pre-motion conference will be necessary, it is hereby ordered that submission of the parties' motion papers with respect to defendant's motion to dismiss will proceed according to the following schedule: Defendant's opening brief due 3/8/11, plaintiff's response due 3/22/11, and defendant's reply due 3/29/11. Oral argument on the motion to dismiss is scheduled for 4/8/11 at 11:00 AM in Courtroom 6C South. Ordered by Judge John Gleeson on 2/22/2011. (Morris, Brian)
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| Filing 19 Letter in response to Denbury's 2-14-2011 pre-motion conference letter by Eli Bensinger (Weiss, Joseph) |
| Filing 18 Letter in response to the Court's February 7, 2011 Order lifting the stay and directing Denbury to file a pre-motion conference letter, by Denbury Resources Inc. (Attachments: #1 May 7, 2010 Letter to Judge Trager, #2 May 21, 2010 Letter to Judge Trager, #3 June 8, 2010 Letter to Judge Trager) (Kosack, Melissa) |
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ORDER LIFTING STAY. The previously ordered stay #15 is hereby lifted. If defendant intends to file a motion to dismiss, defendant is hereby directed to file a pre-motion conference letter on or before February 14, 2011. In the event that no motion will be filed, defendant should notify the Court and an initial conference will be scheduled. Ordered by Judge John Gleeson on 2/7/2011. (Morris, Brian)
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| Filing 17 Letter by Eli Bensinger (Attachments: #1 Exhibit Chancellor Ruling) (Weiss, Joseph) |
| Filing 16 Letter to update the Court on the status of the shareholder class action litigation against Denbury previously pending in Delaware Court of Chancery by Denbury Resources Inc. (Farley, Ryan) |
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ORDER. Counsel are hereby directed to apprise the Court of the status of the Delaware action on or before February 5, 2011. (Morris, Brian)
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| Judge John Gleeson added. Senior Judge David G. Trager no longer assigned to case. Reassigned pursuant to Judge Dearie's instruction to reassign Judge Trager's civil cases. (Marziliano, August) |
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Filing 15
ORDER. In light of the fact that the instant case and the Delaware action both involve a challenge by former Encore shareholders to defendant's calculation of the merger consideration, the instant action is stayed until the previously filed Delaware action is resolved. Ordered by Senior Judge David G. Trager on 6/16/2010. (Siegfried, Evan)
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| Filing 14 Letter updating the Court on developments occurring since the teleconference on May 12, 2010 by Denbury Resources Inc. (Farley, Ryan) |
| Filing 13 Letter by Eli Bensinger (Weiss, Joseph) |
| Filing 12 AMENDED COMPLAINT against Denbury Resources Inc., filed by Eli Bensinger. (Weiss, Joseph) |
| Filing 11 Letter to The Honorable David G. Trager from Ryan Farley, Esq and Mark Kornfeld, Esq.-dated May 21, 2010 by Denbury Resources Inc., Phil Rykhoek (Farley, Ryan) |
| Filing 10 Minute Entry for proceedings held before Senior Judge David G. Trager:Telephone Conference held on 5/12/2010. Pre-motion conference on preliminary injunction. (Court Reporter Henry Shapiro) (Manuel, Germaine) |
| Filing 9 Letter by Eli Bensinger (Weiss, Joseph) |
| Filing 8 Letter by Eli Bensinger (Weiss, Joseph) |
| Filing 7 Letter to Judge Trager from Ryan Farley, Esq.-dated 5/7/2010 by Denbury Resources Inc. (Farley, Ryan) |
| Filing 6 NOTICE of Appearance by Ryan Patrick Farley on behalf of Denbury Resources Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Farley, Ryan) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Denbury Resources Inc. and Phil Rykhoek on May 4, 2010, filed by Eli Bensinger. (Weiss, Joseph) |
| Filing 4 SUMMONS Returned Executed by Eli Bensinger. Phil Rykhoek served on 5/4/2010, answer due 5/25/2010. (Weiss, Joseph) |
| Filing 3 CERTIFICATE OF SERVICE by Eli Bensinger re #1 Complaint, Proof of Service (Weiss, Joseph) |
| Filing 2 Letter Pre-Motion Request for Conference by Eli Bensinger (Weiss, Joseph) |
| Filing 1 COMPLAINT against Mark C. Allen, Michael Beatty, Michael Decker, Denbury Resources Inc., Ronald G. Greene, David I. Heather, Gregory McMichael, Alan Rhoades, Gareth Roberts, Phil Rykhoek, Randy Stein, William Wettstein Disclosure Statement on Civil Cover Sheet completed -no,, filed by Eli Bensinger. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 350, receipt number 4653014295 (Bowens, Priscilla) |
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