In re: United States Oil Fund, LP Securities Litigation
| Moshe Ephrati |
| Stuart P. Crumbaugh, John P. Love, United States Oil Fund, LP and United States Commodity Funds LLC |
| Elaine Vogel, Richard Vogel and Guohua Wang |
| 1:2020cv06010 |
| July 31, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul G Gardephe |
| Securities/Commodities |
| 15 U.S.C. § 78 j(b)ss Stockholder Suit |
| Plaintiff |
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Filing 22
ORDER denying #13 Motion to Consolidate Cases ; denying #13 Motion to Appoint ; denying #13 Motion to Appoint Counsel ; denying #17 Motion to Consolidate Cases. For the reasons set forth above, the above-captioned cases are consolidated under the caption In re: United States Oil Fund, LP Securities Litigation, and the files of these actions shall be maintained in one file under Master File No. 20 Civ. 4740 (PGG). The consolidation is for all purposes, including, but not limited to, discovery, pretrial proceedings, and trial. Nutit's motion to be appointed lead plaintiff is granted, as is Nutit's motion to consolidate related actions and to approve Robbins Geller as lead counsel. (Case No. 20 Civ. 4740, Dkt. No. 43). All other motions are denied. The Clerk of Court is directed to terminate the motions. (Case No. 20 Civ. 4740 (PGG), Dkt. Nos. 19, 22, 25, 28, 32, 33, 36, 43, 47); Case No. 20 Civ. 6010, Dkt. Nos. 13, 17); Case No. 20 Civ. 6442, Dkt. Nos. 9, 13) Pursuant to the parties' stipulation (Case No. 20 Civ. 4740, Dkt. No. 17), any amended or consolidated complaint must be filed by November 16, 2020. Defendants will answer or otherwise move with respect to the amended or consolidated complaint by January 15, 2021. In the event that any Defendant files a motion to dismiss, lead plaintiff will file an opposition by March 16, 2021. Defendants will file any reply by April 15, 2021. The initial pretrial conference currently scheduled for October 22, 2020, is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/16/2020) (jca)
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| Set/Reset Deadlines: Amended Pleadings due by 11/16/2020. Motions due by 1/15/2021. Responses due by 3/16/2021 Replies due by 4/15/2021. (jca) |
| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-04740-PGG.. (jca) |
| Filing 21 RESPONSE in Support of Motion re: #17 MOTION to Consolidate Cases 20-cv-04740 . . Document filed by Guohua Wang..(Calcaterra, Regina) |
| Filing 20 NOTICE of NOTICE OF NON-OPPOSITION TO THE MOTION FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL FILED BY MOVANT NUTIT, A.S.. Document filed by Guohua Wang..(Calcaterra, Regina) |
| Filing 19 DECLARATION of Regina Calcaterra in Support re: #17 MOTION to Consolidate Cases 20-cv-04740 .. Document filed by Guohua Wang. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Calcaterra, Regina) |
| Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Consolidate Cases 20-cv-04740 . . Document filed by Guohua Wang. (Attachments: #1 Text of Proposed Order).(Calcaterra, Regina) |
| Filing 17 MOTION to Consolidate Cases 20-cv-04740 . Document filed by Guohua Wang..(Calcaterra, Regina) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #16 Proposed Order was reviewed and approved as to form. (km) |
| Filing 16 PROPOSED ORDER. Document filed by Elaine Vogel, Richard Vogel. Related Document Number: #13 ..(Gonnello, Richard) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 15 DECLARATION of Richard W. Gonnello in Support re: #13 MOTION to Consolidate Cases 1:20-cv-04740, 1:20-cv-06010, 1:20-cv-06442 . MOTION to Appoint Richard Vogel and Elaine Vogel to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Elaine Vogel, Richard Vogel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Gonnello, Richard) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Consolidate Cases 1:20-cv-04740, 1:20-cv-06010, 1:20-cv-06442 . MOTION to Appoint Richard Vogel and Elaine Vogel to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Elaine Vogel, Richard Vogel..(Gonnello, Richard) |
| Filing 13 MOTION to Consolidate Cases 1:20-cv-04740, 1:20-cv-06010, 1:20-cv-06442 ., MOTION to Appoint Richard Vogel and Elaine Vogel to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Richard Vogel, Elaine Vogel..(Gonnello, Richard) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. John P. Love waiver sent on 8/17/2020, answer due 10/16/2020. Document filed by Moshe Ephrati..(Lieberman, Jeremy) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Stuart P. Crumbaugh waiver sent on 8/17/2020, answer due 10/16/2020. Document filed by Moshe Ephrati..(Lieberman, Jeremy) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. United States Commodity Funds LLC waiver sent on 8/17/2020, answer due 10/16/2020. Document filed by Moshe Ephrati..(Lieberman, Jeremy) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. United States Oil Fund, LP waiver sent on 8/17/2020, answer due 10/16/2020. Document filed by Moshe Ephrati..(Lieberman, Jeremy) |
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Filing 8
NOTICE OF PRETRIAL CONFERENCE: counsel for all parties are directed to appear before the Court for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on October 22, 2020 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. So Ordered. Initial Conference set for 10/22/2020 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 8/11/2020) (js)
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| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-04740-PGG. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case..(wb) |
| Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Stuart P. Crumbaugh, John P. Love, United States Commodity Funds LLC, United States Oil Fund, LP. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeremy Alan Lieberman. The party information for the following party/parties has been modified: Moshe Ephrati. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| Case Designated ECF. (sj) |
| CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 1:20cv4740. (sj) |
| Filing 6 NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of Moshe Ephrati..(Hood, Joseph) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Moshe Ephrati..(Lieberman, Jeremy) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-04740. Document filed by Moshe Ephrati..(Lieberman, Jeremy) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Oil Fund, LP, United States Commodity Funds LLC, John P. Love, and Stuart P. Crumbaugh, re: #1 Complaint,. Document filed by Moshe Ephrati..(Lieberman, Jeremy) |
| Filing 2 CIVIL COVER SHEET filed..(Lieberman, Jeremy) |
| Filing 1 COMPLAINT against Stuart P. Crumbaugh, John P. Love, United States Commodity Funds LLC, United States Oil Fund, LP. (Filing Fee $ 400.00, Receipt Number ANYSDC-20951825)Document filed by Moshe Ephrati. (Attachments: #1 Certification, #2 Schedule A).(Lieberman, Jeremy) |
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