Byerly v. Contango Oil & Gas Company et al
| Gerald Byerly |
| CONTANGO OIL & GAS COMPANY, John C. Goff, Lon McCain, Janet Pasque, Wilkie S. Colyer, Jr., Joseph J. Romano, B.A. Berilgen and Karen Simon |
| Shiva Stein, Matthew Whitfield and Clarissa Provost |
| Independence Energy LLC, IE Opco LLC, IE PubCo Inc., IE L Merger Sub LLC and IE C Merger Sub Inc. |
| 1:2021cv07327 |
| August 31, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 12
ORDER: For substantially the same reasons stated in the Court's order of September 20, 2021, ECF No.8, and pursuant to Federal Rule of Civil Procedure 42(a), the Court will consolidate the above-captions cases sua sponte. Accordingly, the Clerk of Court is directed to consolidate the above-captioned actions, with No. 21. Civ. 7327 as the lead case. SO ORDERED. (Signed by Judge Analisa Torres on 10/13/2021) Filed In Associated Cases: 1:21-cv-07327-AT, 1:21-cv-07874-AT (vfr)
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| Filing 11 LETTER addressed to Judge Analisa Torres from Juan E. Monteverde dated September 29, 2021 re: Consolidation of subsequently filed Related Action. Document filed by Gerald Byerly..(Monteverde, Juan) |
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Filing 10
STIPULATION REGARDING CONSOLIDATED AMENDED CLASS ACTION COMPLAINT AND BRIEFING SCHEDULE: IT IS HEREBY STIPULATED AND AGREED, by the Parties, and subject to the approval of the Court, as follows: 1.By entering into this Stipulation, Defendants have not waived any, and expresslypreserve all, of Defendants defenses, objections, or arguments in this matter; 2.Plaintiff shall file any consolidated amended class action complaint (the "CAC")within ten (10) days of an order appointing him Lead Plaintiff under the PSLRA or the Shareholder Vote, whichever is later; 3.The time for Defendants to answer or otherwise respond to any CAC, including thetime to submit a pre-motion letter pursuant to Section III(b)(iii) of the CourtsIndividual Practices in Civil Cases, shall be, and hereby is, extended to the date that is sixty (60) days after the filing of any CAC; 4.Within forty-five (45) days after the filing of any CAC, Defendants shall send toPlaintiff a pre-motion letter ("First Pre-Motion Letter") pursuant to Section III(b)(ii)of the Court's Individual Practices in Civil Cases; 5.Within five (5) business days of Plaintiff's receipt of Defendants' First Pre-Motion Letter, Plaintiff shall send Defendants a responsive letter pursuant to Section III(b)(ii)of the Court's Individual Practices in Civil Cases and the parties shall meet and confer regarding the same; 6.If Defendants still wish to move to dismiss the CAC following the first set of pre-motion letters and meet-and-confer process, the parties shall submit a second set of pre-motion letters to the Court pursuant to Sections III(A) and III(b)(iii) of the Court's Individual Practices in Civil Cases; 7.Defendants' motion to dismiss, if any, shall be filed no later than forty-five (45) daysafter the filing of Defendants' pre-motion letter to the Court; 8.Plaintiff's opposition brief shall be filed no later than forty-five (45) days after the filing of Defendants' motion to dismiss; 9.Defendants' reply brief in further support of their motion to dismiss shall be filed no later than thirty (30) days after the filing date of Plaintiffs' opposition. SO ORDERED. (Signed by Judge Analisa Torres on 9/27/2021) (kv)
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| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Gerald Byerly..(Monteverde, Juan) |
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Filing 8
ORDER granting (7) Motion to Appoint Counsel in case 1:21-cv-06769-AT; granting (4) Motion to Appoint Counsel in case 1:21-cv-07327-AT. Accordingly, the three above-captioned cases are CONSOLIDATED. The Clerk of Court is directed to consolidate the actions with No. 21 Civ. 7327 as the lead case. Byerly's motion is GRANTED as to the appointment of Monteverde as interim lead counsel. By September 27, 2021, the parties shall submit a proposed schedule for the filing of an amended, consolidated class-action complaint, and the time for Defendants' response. The Clerk of Court is directed to terminate the motions at No. 21 Civ. 6769, ECF No. 7 and No. 21 Civ. 7327, ECF No. 4. SO ORDERED.. (Signed by Judge Analisa Torres on 9/20/2021) Filed In Associated Cases: 1:21-cv-07327-AT, 1:21-cv-06769-AT, 1:21-cv-07009-AT (kv)
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| Filing 7 NOTICE of Non-Opposition to Motion by Plaintiff Gerald Byerly for Consolidation of Related Actions and Appointment of Monteverde and Associates PC as Interim Lead Counsel re: #4 MOTION to Appoint Counsel Monteverde & Associates PC.. Document filed by Gerald Byerly..(Monteverde, Juan) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge James L. Cott 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. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-06769-AT. Notice of Assignment to follow. (vba) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 21cv6769. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Juan Eneas Monteverde. The party information for the following party/parties has been modified: CONTANGO OIL & GAS COMPANY, Gerald Byerly. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc) |
| Filing 6 DECLARATION of Juan E. Monteverde in Support re: #4 MOTION to Appoint Counsel Monteverde & Associates PC.. Document filed by Gerald Byerly..(Monteverde, Juan) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Appoint Counsel Monteverde & Associates PC. . Document filed by Gerald Byerly..(Monteverde, Juan) |
| Filing 4 MOTION to Appoint Counsel Monteverde & Associates PC. Document filed by Gerald Byerly..(Monteverde, Juan) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-06769. Document filed by Gerald Byerly..(Monteverde, Juan) |
| Filing 2 CIVIL COVER SHEET filed..(Monteverde, Juan) |
| Filing 1 COMPLAINT against B.A. Berilgen, CONTANGO OIL & GAS COMPANY, Wilkie S. Colyer, Jr, John C. Goff, Lon McCain, Janet Pasque, Joseph J. Romano, Karen Simon. (Filing Fee $ 402.00, Receipt Number ANYSDC-25006104)Document filed by Gerald Byerly. (Attachments: #1 Certification of Proposed Lead Plaintiff).(Monteverde, Juan) |
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