IN RE UNITED STATES OIL FUND, LP DERIVATIVE LITIGATION
| AML Pharm. Inc. DBA Golden International and AML Pharm. Inc. derivatively on behalf of United States Oil Fund, LP doing business as Golden International |
| Peter M. Robinson, Stuart P. Crumbaugh, Robert L. Nguyen, Malcolm R. Fobes, III, John P. Love, Andrew F. Ngim, Gordon L. Ellis, Nicholas D. Gerber and United States Commodity Funds LLC |
| United States Oil Fund, LP |
| 1:2020cv06981 |
| August 27, 2020 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Stockholders Suits |
| Plaintiff |
Docket Report
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Filing 18
MEMO ENDORSEMENT: on re: (25 in 1:20-cv-06974-PGG) Letter filed by Robert L. Nguyen, Stuart P. Crumbaugh, Malcolm R. Fobes, III, John P. Love, United States Oil Fund, LP, Nicholas D. Gerber, United States Commodity Funds LLC, Gordon L. Ellis, Andrew F. Ngim, Peter M. Robinson. ENDORSEMENT: The Pretrial Conference currently scheduled for October 22, 2020 in this case consolidated with AML Pharm. Inc. (20cv6981) is adjourned until November 19, 2020 at 10:00 a.m. The deadline to submit a joint letter and jointly proposed Case Management Plan or, alternatively, to request a stay is November 12, 2020. SO ORDERED., ( Initial Conference set for 11/19/2020 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 10/15/2020) Filed In Associated Cases: 1:20-cv-06974-PGG, 1:20-cv-06981-PGG (ama)
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| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-06974-PGG.. (jca) |
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Filing 17
JOINT STIPULATION AND ORDER CONSOLIDATING RELATED SHAREHOLDER DERIVATIVE ACTIONS AND APPOINTING CO-LEAD COUNSEL FOR PLAINTIFFS: WHEREFORE, the parties, through their undersigned counsel, hereby agree, stipulate, and respectfully request that the Court enter an Order as follows: 1. The following actions are hereby consolidated for all purposes, including pre-trial proceedings and trial, under Case No. 1:20-cv-06974 (the "Consolidated Action"), pursuant to Federal Rule of Civil Procedure 42(a). All papers filed in connection with the Consolidated Action will be maintained in one file under Lead Case No. 1:20-cv-06974. Within sixty (60) days of the date that the Court enters this order, the parties shall meet and confer regarding a proposed schedule to submit with the Court. The parties will discuss in good faith whether or not proceedings in the Consolidated Action should be stayed pending a ruling on the motion to dismiss that is anticipated to be filed in three related Securities Class Actions against USO, USCF, and individual defendants John P. Love and Stuart P. Crumbaugh in this Court, captioned Lucas v. U.S. Oil Fund, LP, et al., Case No. 1:20-cv-04740, Ephrati v. U.S. Oil Fund, LP, et al., Case No: 1:20-cv-06010, and Palacios v. U.S. Oil Fund, LP, et al., Case No. 1:20-cv-06442 after they are consolidated. Defendants need not respond to any complaint filed in the Related Derivative Actions until a date set by the Court after the parties submit a proposed schedule. (And as further set forth herein.) IT IS SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/9/2020) (jca) Modified on 9/10/2020 (jca).
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| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. United States Oil Fund, LP waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. United States Commodity Funds LLC waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Peter M. Robinson waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Robert L. Nguyen waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Andrew F. Ngim waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. John P. Love waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Nicholas D. Gerber waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Malcolm R. Fobes, III waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Gordon L. Ellis waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Stuart P. Crumbaugh waiver sent on 9/2/2020, answer due 11/2/2020. Document filed by AML Pharm. Inc...(Kim, Phillip) |
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Filing 6
NOTICE OF PRETRIAL CONFERENCE: Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, anyone who appears at any SDNY courthouse must complete a questionnaire and have their temperature taken. Please see the instructions, attached below. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers if you do not meet the requirements. (And as further set forth herein.) 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 8/31/2020) (jca)
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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 5 ELECTRONIC SUMMONS ISSUED as to Stuart P. Crumbaugh, Gordon L. Ellis, Malcolm R. Fobes, III, Nicholas D. Gerber, John P. Love, Andrew F. Ngim, Robert L. Nguyen, Peter M. Robinson, United States Commodity Funds LLC, United States Oil Fund, LP..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Phillip C. Kim. The party information for the following party/parties has been modified: AML Pharm. Inc. DBA Golden International. The information for the party/parties has been modified for the following reason/reasons: alias party was entered incorrectly. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(dnh) |
| CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 1:20-cv-04740-PGG. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to United States Commodity Funds LLC, John P. Love, Stuart P. Crumbaugh, Andrew F. Ngim, Gordon L. Ellis, Malcolm R. Fobes III, Nicholas D. Gerber, Robert L. Nguyen, Peter M. Robinson, and United States Oil Fund, LP, re: #1 Complaint,. Document filed by AML Pharm. Inc. DBA Golden International..(Kim, Phillip) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-04740-PGG. Document filed by AML Pharm. Inc. DBA Golden International..(Kim, Phillip) |
| Filing 2 CIVIL COVER SHEET filed..(Kim, Phillip) |
| Filing 1 COMPLAINT against Stuart P. Crumbaugh, Gordon L. Ellis, Malcolm R. Fobes, III, Nicholas D. Gerber, John P. Love, Andrew F. Ngim, Robert L. Nguyen, Peter M. Robinson, United States Commodity Funds LLC, United States Oil Fund, LP. (Filing Fee $ 400.00, Receipt Number ANYSDC-21367743)Document filed by AML Pharm. Inc. DBA Golden International..(Kim, Phillip) |
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