YEL Limited Partnership v. Hollub et al
| YEL LIMITED PARTNERSHIP |
| Director Carlos M. Gutierrez, Director William R. Keese, Director Elisse B. Walter, Occidental Petroleum Corporation, Director Spencer Abraham, CFO Cedric W. Burgher, CCO/GC Marcia E. Backus, Director Jack B. Moore, Director Avedick B. Poladian, President Vicki Hollub, Director Margaret M. Foran, Director Eugene L. Batchelder, Vicki Hollub, Cedric W. Burgher, Jack B. Moore, Spencer Abraham, Avedick B. Poladian, Marcia E. Backus, Carlos M. Gutierrez, Eugene L. Batchelder, Elisse B. Walter, Margaret M. Foran, John Doe #1-50, Mary Roe #1-50 and William R. Klesse |
| 1:2019cv06435 |
| July 11, 2019 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 23, 2019. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Analisa Torres on 7/23/2019) (mro)
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Filing 13
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 10/2/2019 at 11:00 AM in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 7/23/2019) (mro)
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Filing 12
ORDER: It is hereby ORDERED that the case is REOPENED. (Signed by Judge Analisa Torres on 7/23/2019) (mro)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Adrian J Johnson. The party information for the following party/parties has been modified: John Doe #1-50; Mary Roe #1-50. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj) |
| Filing 11 REPLY re: #9 Order,,,, Set Deadlines,,, PLAINTIFF REPLY. Document filed by YEL Limited Partnership. (Johnson, Adrian) |
| Filing 10 FIRST AMENDED COMPLAINT amending #4 Amended Complaint, #1 Complaint, #6 Amended Complaint,, against Spencer Abraham, Marcia E. Backus, Eugene L. Batchelder, Cedric W. Burgher, JOHN DOE, #1-50, Margaret M. Foran, Carlos M. Gutierrez, Vicki Hollub, William R. Klesse, Jack B. Moore, Occidental Petroleum Corporation, Avedick B. Poladian, MARY ROE, #1-50 with JURY DEMAND.Document filed by YEL Limited Partnership. Related document: #4 Amended Complaint, #1 Complaint, #6 Amended Complaint,,.(Johnson, Adrian) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adrian J Johnson to RE-FILE Document No. #6 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; Correctly file the initial complaint as previously noted in the prior deficiency notices then refile the Amended Complaint. Re-file the pleading using the event type First Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
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Filing 9
ORDER: Accordingly, by July 22, 2019, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity. If Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the limited partnership, then the second amended complaint shall be dismissed and the action shall remain closed. Plaintiff has now failed to comply with two of the Court's orders with respect to Plaintiff's improperly filed complaints. See ECF Nos. 3, 5. If the Court cannot determine whether it has subject matter jurisdiction over Plaintiff's third amended complaint, Plaintiff will not be allowed to file a fourth amended complaint. (As further set forth in this Order.) (Amended Pleadings due by 7/22/2019.) (Signed by Judge Analisa Torres on 7/18/2019) (cf)
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| Filing 8 REPLY re: #5 Order to Show Cause, PLAINTIFF REPLY. Document filed by YEL Limited Partnership. (Johnson, Adrian) |
| Filing 7 CIVIL COVER SHEET filed. (Johnson, Adrian) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - SECOND AMENDED COMPLAINT amending #4 Amended Complaint, #1 Complaint, against Spencer Abraham, Marcia E. Backus, Eugene L. Batchelder, Cedric W. Burgher, JOHN DOE, #1-50, Margaret M. Foran, Carlos M. Gutierrez, Vicki Hollub, William R. Klesse, Jack B. Moore, Occidental Petroleum Corporation, Avedick B. Poladian, MARY ROE, #1-50 with JURY DEMAND.Document filed by YEL Limited Partnership. Related document: #4 Amended Complaint, #1 Complaint,.(Johnson, Adrian) Modified on 7/19/2019 (pc). |
| ADD PARTY FOR PLEADING. Defendants/Respondents JOHN DOE, #1-50, MARY ROE, #1-50 added. Party added pursuant to #4 Amended Complaint, #1 Complaint,.Document filed by YEL Limited Partnership. Related document: #4 Amended Complaint, #1 Complaint,.(Johnson, Adrian) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adrian J Johnson to RE-FILE Document No. #4 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; Correct the deficiencies noted with the initial complaint filing then refile the Amended Complaint after refiling the initial complaint. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
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Filing 5
ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that by July 19, 2019, Plaintiff shall show cause why the amended complaint should not be dismissed for lack of subject matter jurisdiction. If Plaintiff fails to respond within the time allowed, or fails to show that the Court has subject matter jurisdiction, then the amended complaint shall be dismissed and the action shall remain closed. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 7/15/2019) (cf)
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| Filing 4 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint, against All Defendants with JURY DEMAND.Document filed by YEL Limited Partnership. Related document: #1 Complaint,. (Attachments: #1 Civil Cover Sheet Amended Civil Cover Sheet)(Johnson, Adrian) Modified on 7/16/2019 (pc). |
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Filing 3
ORDER: The Court, therefore, DISMISSES the complaint for lack of subject matter jurisdiction. Plaintiff has leave to file an amended complaint by July 19, 2019 that properly pleads diversity jurisdiction. If Plaintiff fails to file such an amended complaint by this date, the action shall remain closed. The Clerk of Court is directed to close the case. (As further set forth in this Order.) (Amended Pleadings due by 7/19/2019.) (Signed by Judge Analisa Torres on 7/12/2019) (cf)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Adrian J Johnson. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:78; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to Nassau;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Adrian J Johnson to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match initial pleading caption. If all of the party names do not fit, use leading party name followed by 'et al'; Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adrian J Johnson to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties John Doe #1-50 and Mary Roe #1-50; the All Defendant radio button was selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Adrian J Johnson. The party information for the following party/parties has been modified: YEL Limited Partnership; Vicki Hollub; Cedric W. Burgher; Marcia E. Backus; Spencer Abraham; Eugene L. Batchelder; Margaret M. Foran; Carlos M. Gutierrez; William R. Klesse; Jack B. Moore; Avedick B. Poladian; Elisse B. Walter; Occidental Petroleum Corporation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (jgo) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Johnson, Adrian) Modified on 7/12/2019 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-17225433)Document filed by YEL LIMITED PARTNERSHIP.(Johnson, Adrian) Modified on 7/12/2019 (jgo). |
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