In re: United States Oil Fund, LP Securities Litigation
| Danny Palacios |
| Stuart P. Crumbaugh, John P. Love, United States Commodity Funds LLC and United States Oil Fund, LP |
| Elaine Vogel, Richard Vogel and Guohua Wang |
| 1:2020cv06442 |
| August 13, 2020 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Securities/Commodities |
| Plaintiff |
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Filing 22
ORDER denying #9 Motion to Consolidate Cases; denying #9 Motion to Appoint; denying #9 Motion to Appoint Counsel; denying #13 Motion to Consolidate Cases. For the reasons set forth herein, 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: #13 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 WAIVER OF SERVICE RETURNED EXECUTED. Stuart P. Crumbaugh waiver sent on 8/19/2020, answer due 10/19/2020. Document filed by Danny Palacios..(Fruchter, Jack) |
| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. John P. Love waiver sent on 8/19/2020, answer due 10/19/2020. Document filed by Danny Palacios..(Fruchter, Jack) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. United States Commodity Funds LLC waiver sent on 8/19/2020, answer due 10/19/2020. Document filed by Danny Palacios..(Fruchter, Jack) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. United States Oil Fund, LP waiver sent on 8/19/2020, answer due 10/19/2020. Document filed by Danny Palacios..(Fruchter, Jack) |
| Filing 15 DECLARATION of Regina Calcaterra in Support re: #13 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 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Consolidate Cases 20-cv-04740 . . Document filed by Guohua Wang. (Attachments: #1 Text of Proposed Order).(Calcaterra, Regina) |
| Filing 13 MOTION to Consolidate Cases 20-cv-04740 . Document filed by Guohua Wang..(Calcaterra, Regina) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #12 Proposed Order was reviewed and approved as to form. (km) |
| Filing 12 PROPOSED ORDER. Document filed by Elaine Vogel, Richard Vogel. Related Document Number: #9 ..(Gonnello, Richard) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 11 DECLARATION of Richard W. Gonnello in Support re: #9 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 10 MEMORANDUM OF LAW in Support re: #9 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 9 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) |
| 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) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-04740-PGG. Notice of Assignment to follow. (wb) |
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Filing 8
NOTICE OF PRETRIAL CONFERENCE: 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. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 8/14/2020) (cf)
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| Filing 7 CIVIL COVER SHEET filed..(Fruchter, Jack) |
| Filing 6 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 DEFICIENT CIVIL COVER SHEET. Notice to attorney Jack Gerald Fruchter to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Civil Cover Sheet consists of two pages. 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.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jack Gerald Fruchter. The party information for the following party/parties has been modified: Danny Palacios. 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 REFERRED TO Judge Paul G. Gardephe as possibly related to 1:20cv4740. (sj) |
| Case Designated ECF. (sj) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Danny Palacios..(Fruchter, Jack) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-04740. Document filed by Danny Palacios..(Fruchter, Jack) |
| 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 Danny Palacios..(Fruchter, Jack) |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET - PDF ERROR - CIVIL COVER SHEET filed.(Fruchter, Jack) Modified on 8/14/2020 (sj). |
| 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-21144087)Document filed by Danny Palacios..(Fruchter, Jack) |
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