Scuderi v. Mammoth Energy Services Inc et al
| Thomas Scuderi, Vincent Furia, Stephen Terry, Andrew Micklin, Sharon Furia, Justas Normantas, Sarasota Gen. Pension Fund, Daniel Furia and Dion Larot |
| Arty Straehla, Mark Layton, Mammoth Energy Services Inc and Keith Ellison |
| 5:2019cv00522 |
| June 7, 2019 |
| US District Court for the Western District of Oklahoma |
| Bernard Jones |
| Scott L Palk |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 25, 2020. A more recent docket listing may be available from PACER.
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Filing 90
ORDER ~ re #87 MOTION for Leave to File Second Amended Class Action Complaint. Defendants Mammoth Energy, Straehla, and Layton shall file their response to Plaintiffs' motion within 10 days, or no later than March 6, 2020. Signed by Honorable Bernard Jones on 2/25/2020. (dwl)
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| Filing 89 DECLARATION by Daniel Furia, Sharon Furia, Vincent Furia re #88 Memorandum in Opposition . (Attachments: #1 Exhibit 1)(Block, Jeffrey) |
| Filing 88 MEMORANDUM in Opposition re #76 MOTION to Dismiss The Amended Complaint filed by Daniel Furia, Sharon Furia, Vincent Furia. (Block, Jeffrey) |
| Filing 87 MOTION for Leave to File Second Amended Class Action Complaint by Daniel Furia, Sharon Furia, Vincent Furia. (Attachments: #1 Exhibit 1 - Proposed Second Amended Complaint, #2 Exhibit 2 - Proposed Second Amended Complaint (Redline))(Block, Jeffrey) |
| Filing 86 ENTRY of Appearance by William J Leone on behalf of Keith Ellison (Leone, William) |
| Filing 85 ENTRY of Appearance by Nathan B Baum on behalf of Keith Ellison (Baum, Nathan) |
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Filing 84
ORDER ~ Granting #81 , #82 Motions to Appear Pro Hac Vice. Nathan B. Baum and William J. Leone are hereby admitted to practice before this Court for the limited purpose of participating in this case. Signed by Honorable Bernard Jones on 1/29/2020. (dwl)
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| Filing 83 SECOND MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Complaint Out of Time by Keith Ellison. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hampton, Joe) |
| Filing 82 MOTION for Leave to Appear Pro Hac Vice of William J. Leone Filing fee $ 50, receipt number 1087-3083448 by Keith Ellison. (Attachments: #1 Exhibit 1)(Hampton, Joe) |
| Filing 81 MOTION for Leave to Appear Pro Hac Vice of Nathan B. Baum Filing fee $ 50, receipt number 1087-3082204 by Keith Ellison. (Attachments: #1 Exhibit 1)(Hampton, Joe) |
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Filing 80
ORDER ~ Denying #78 Motion for Extension of Time to Answer. Local counsel is cautioned that the Court will not tolerate pleadings which do not conform to local and federal rules and which do not meet the standards expected of counsel practicing in this Court. If Defendant Ellison wishes to submit another motion to file an answer or response out of time, he may do so no later than January 30, 2020. Signed by Honorable Bernard Jones on 1/23/2020. (dwl)
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| Filing 79 ENTRY of Appearance by Johnny R Blassingame, Jr on behalf of Keith Ellison (Blassingame, Johnny) |
| Filing 78 MOTION for Extension of Time to File Answer re #55 Amended Complaint by Keith Ellison. (Hampton, Joe) |
| Filing 77 ENTRY of Appearance by Joe M Hampton on behalf of Keith Ellison (Hampton, Joe) |
| Filing 76 MOTION to Dismiss The Amended Complaint by Mark Layton, Mammoth Energy Services Inc, Arty Straehla. (Attachments: #1 DECLARATION OF HARRY A. OLIVAR, JR. IN SUPPORT, #2 Exhibit 1 June 5, 2019 Wall Street Journal Article, #3 Exhibit 2 Mammoth Mar. 15, 2019 Form 10-K, #4 Exhibit 3 Cobra Admin. Motion, #5 Exhibit 4 Mammoth Jan. 31, 2018 Form 8-K, #6 Exhibit 5 Mammoth Nov. 1, 2017 Form S-3, #7 Exhibit 6 SEC Correspondence, #8 Exhibit 7 May 29, 2018 SEC Letter, #9 Exhibit 8 Nov. 6, 2017 CNN Article, #10 Exhibit 9 Mammoth Nov. 13, 2017 10-Q, #11 Exhibit 10 Ex. 10.3 to Mammoth Nov. 13, 2017 10-Q, #12 Exhibit 11 Feb. 22, 2018 Earnings Call Transcript, #13 Appendix 1 - Statement Chart)(Olivar, Harry) |
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Filing 75
ORDER ~ Granting #73 Motion for Leave to File Excess Pages. Per the parties agreement, the opening and response briefs page limits are expanded to thirty-pages. Signed by Honorable Bernard Jones on 1/10/2020. (dwl)
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Filing 74
ORDER ~ Granting #72 Motion to Appear Pro Hac Vice. Michael B. Carlinsky is hereby admitted to practice beforethis Court for the limited purpose of participating in this case, provided counsel submits an ECFregistration form and files an entry of appearance. Signed by Honorable Bernard Jones on 1/10/2020. (dwl)
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| Filing 73 UNOPPOSED MOTION for Leave to File Excess Pages /Oversized Opening Brief in Support of Motion to Dismiss by Mark Layton, Mammoth Energy Services Inc, Arty Straehla. (Leffel, Lance) |
| Docket Annotation: PAYMENT for Motion for Leave to Appear Pro Hac Vice, filing fee $50.00, receipt number 1087-3070571 re #72 MOTION by Mark Layton, Mammoth Energy Services Inc, Arty Straehla. (ank) |
| Filing 72 MOTION for Leave to Appear Pro Hac Vice of MICHAEL B. CARLINSKY by Mark Layton, Mammoth Energy Services Inc, Arty Straehla. (Attachments: #1 Exhibit Request, #2 Exhibit Proposed Order)(Leffel, Lance) |
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Filing 71
ORDER REASSIGNING CASE. Case reassigned to Honorable Bernard Jones for all further proceedings. Honorable Scott L. Palk no longer assigned to case. Signed by Honorable Scott L. Palk on 1/6/20. (md)
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| Filing 70 SUMMONS Returned Executed by Sharon Furia, Daniel Furia, Vincent Furia. Keith Ellison served on 12/14/2019. (Copeland, C) |
| Filing 69 ENTRY of Appearance by Harry A Olivar, Jr on behalf of Mark Layton, Mammoth Energy Services Inc, Arty Straehla (Olivar, Harry) |
| Filing 68 ENTRY of Appearance by Jacob J Waldman on behalf of Mark Layton, Mammoth Energy Services Inc, Arty Straehla (Waldman, Jacob) |
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Filing 67
ORDER granting #66 Motion to Withdraw as Attorney. Attorney Michael F Lauderdale; Michelle A Reed; Spencer F Smith; M Scott Barnard and Erin M Brewer terminated. Attorneys Harry A. Olivar and Jacob J. Waldman are directed to file their entries of appearance within 5 days of the date of this Order. Attorney Michael B. Carlinsky has not yet been admitted pro hac vice. Signed by Honorable Scott L. Palk on 12/5/2019. (md)
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| Filing 66 MOTION to Withdraw as Attorney by Mark Layton, Mammoth Energy Services Inc, Arty Straehla. (Smith, Spencer) |
| Filing 65 Receipt for Money Received from Mark Layton, Mammoth Energy Services Inc, Arty Straehla in the amount of $50.00, receipt number 1087-3046407 regarding #63 MOTION for Leave to Appear Pro Hac Vice of Harry Olivar, Jr. (rb) |
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Filing 64
ORDER granting #63 Motion to Appear Pro Hac Vice of Harry Olivar, Jr. Signed by Honorable Scott L. Palk on 12/3/2019. (md)
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| Filing 63 MOTION for Leave to Appear Pro Hac Vice of Harry Olivar, Jr. by Mark Layton, Mammoth Energy Services Inc, Arty Straehla. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice of Harry Olivar, Jr.)(McCampbell, Robert) |
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Filing 62
ORDER granting #60 Motion to Appear Pro Hac Vice of Jacob Waldman. Signed by Honorable Scott L. Palk on 12/3/2019. (md)
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Filing 61
ORDER granting #57 Motion for Extension of Time to Answer Mark Layton answer due 1/10/2020; Mammoth Energy Services Inc answer due 1/10/2020; Arty Straehla answer due 1/10/2020. Plaintiffs shall file a response to any motion to dismiss, if such motion is filed by Defendants, within forty-five days after the motion is filed; and Defendants shall file their reply, if any, within 30 days. Signed by Honorable Scott L. Palk on 12/3/2019. (md)
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| Filing 60 MOTION for Leave to Appear Pro Hac Vice of Jacob Waldman Filing fee $ 50, receipt number 1087-3046425 by Mark Layton, Mammoth Energy Services Inc, Arty Straehla. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice by Jacob Waldman)(McCampbell, Robert) |
| Filing 59 ENTRY of Appearance by Lance E Leffel on behalf of Mark Layton, Mammoth Energy Services Inc, Arty Straehla (Leffel, Lance) |
| Filing 58 ENTRY of Appearance by Robert G McCampbell on behalf of Mark Layton, Mammoth Energy Services Inc, Arty Straehla (McCampbell, Robert) |
| Filing 57 UNOPPOSED MOTION for Extension of Time to File Answer , Move, Or Otherwise Respond to Petition by Mark Layton, Mammoth Energy Services Inc, Arty Straehla. (McCampbell, Robert) |
| Filing 56 Summons Issued Electronically as to Keith Ellison. (rb) |
| Filing 55 AMENDED COMPLAINT against Mark Layton, Mammoth Energy Services Inc, Arty Straehla, Keith Ellison filed by Sharon Furia, Daniel Furia, Vincent Furia. (Attachments: #1 Exhibit A - Indictment)(Block, Jeffrey) |
| Filing 54 NOTICE of Voluntary Dismissal by Thomas Scuderi (Kim, Phillip) |
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Filing 53
ORDER directing Clerk to strike #50 Order on Motion to Withdraw as Attorney as more fully set forth herein. Signed by Honorable Scott L. Palk on 10/17/2019. (md)
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Filing 52
ORDER denying #49 MOTION to Withdraw as Attorney Phillip Kim filed by Thomas Scuderi as more fully set forth herein. Signed by Honorable Scott L. Palk on 10/17/2019. (md)
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| Filing 51 ENTER ORDER The Docket includes as Plaintiffs in this action, the following individuals: Stephen Terry, Andrew Micklin and Dion Larot. The Clerk of Court is directed to strike these individuals as Plaintiffs as they are not identified in any of the Complaints filed in thisaction prior to the consolidation. Signed by Honorable Scott L. Palk on 10/17/2019. (md) |
| Filing 50 STRICKEN ORDER. Signed by Honorable Scott L. Palk on 10/17/2019. (md) Pursuant to Order #53 entered on 10/17/2019 (md). |
| Filing 49 MOTION to Withdraw as Attorney Phillip Kim by Thomas Scuderi. (Kim, Phillip) |
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Filing 48
ORDER The Rosen Law Firm, P.A., is advised thatthey must associate with local counsel pursuant to LCvR 83.3 and local counsel shall file an entry of appearance within seven days from the date of this Order. Signed by Honorable Scott L. Palk on 10/10/2019. (md)
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Filing 47
ORDER granting #40 Motion to Withdraw Attorney William B. Federman. Attorney William B Federman terminated. Signed by Honorable Scott L. Palk on 10/10/2019. (md)
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| Filing 46 ENTRY of Appearance by Morgan Taylor Lee Smith on behalf of Daniel Furia, Sharon Furia, Vincent Furia (Smith, Morgan) |
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Filing 45
ORDER the law firm of Jones, Gotcher & Bogan, P.C., is appointed as local counsel for Lead Plaintiff, the Furia Family. Signed by Honorable Scott L. Palk on 9/25/2019. (md)
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| Filing 44 DECLARATION by Daniel Furia, Sharon Furia, Vincent Furia . (Attachments: #1 Exhibit 1)(Copeland, C) |
| NOTICE from the Court #43 Declaration STRICKEN due to Counsel's failure to comply with Order #41 regarding how all future filings should be styled. Counsel is directed to refile their Declaration in accordance with the directives in the Order #41 . (md) |
| Filing 43 STRICKEN DECLARATION by Daniel Furia, Sharon Furia, Vincent Furia re #41 Order on Motion to Consolidate Cases,,,,,,,,,,,,,,,,,,,, Resume of Local Counsel. (Attachments: #1 Exhibit Local Counsel Resume)(Colvin, Patrick) Pursuant to Notice from the Court on 9/19/2019 (md). |
| Filing 42 ENTRY of Appearance by Patrick G Colvin on behalf of Daniel Furia, Sharon Furia, Vincent Furia (Colvin, Patrick) |
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Filing 41
ORDER The three actions identified in the case caption of this Order are consolidated for all pretrial proceedings and for trial as more fully set forth herein. the Court finds #18 Motion to Consolidate Cases is DENIED AS MOOT based on the filing of the Notice of Withdrawal #31 ; #22 Motion to Consolidate Cases is GRANTED except that the Court defers ruling on appointment of local counsel and directs the Furia Family to submit appropriate information to demonstrate the qualifications of local counsel within five days of the date of this Order; #23 Motion to Consolidate Cases is GRANTED to the extent the Motion requests consolidation of these matters and is DENIED as to all other requested relief. Further, the following SCHEDULING DEADLINES are established: a) within sixty days of the date of this Order, Block & Leviton LLP on behalf of the Furia Family as Lead Plaintiff, shall file a consolidated amended complaint; b) Defendants shall have forty five days to answer or otherwise respond to the allegations of the consolidated amended complaint; c) The Furia Family, as Lead Plaintiff, shall file a response to any motion to dismiss, if such motion is filed by Defendants, within forty-five days after the motion is filed; and d) Defendants shall file their reply, if any, to the Furia Familys response within thirty days after such response, if any, is filed. The Clerk of Court is directed to file this Order in Scuderi, Case No. CIV-19-522-SLP, Normantas, Case No. CIV-19-560-SLP and Sarasota, Case No. CIV-19-720-SLP. Signed by Honorable Scott L. Palk on 9/13/2019. (md)
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| Filing 40 MOTION to Withdraw as Attorney William B. Federman by Thomas Scuderi. (Federman, William) |
| Filing 39 REPLY by Defendants Daniel Furia, Sharon Furia, Vincent Furia re #22 MOTION to Consolidate Cases Appointment as Lead Plaintiffs and Appointment of Lead and Local Counsel filed by Daniel Furia, Sharon Furia, Vincent Furia. (Attachments: #1 Affidavit - Daniel Furia, #2 Affidavit - Sharon Furia, #3 Affidavit - Vincent Furia)(Walker, Jacob) |
| Filing 38 REPLY by Plaintiff Sarasota Gen. Pension Fund re #23 MOTION to Consolidate Cases ; (2) Appointment as Lead Plaintiff, and (3) Approval of Selection of Counsel filed by Sarasota Gen. Pension Fund. (Berg, Ian) |
| Filing 37 ENTRY of Appearance by Atara Hirsch on behalf of Sarasota Gen. Pension Fund (Hirsch, Atara) |
| Filing 36 ENTRY of Appearance by Mitchell M Z Twersky on behalf of Sarasota Gen. Pension Fund (Twersky, Mitchell) |
| Filing 35 DECLARATION by Sarasota Gen. Pension Fund re #34 Response in Opposition to Motion, Declaration of Ian D. Berg. (Attachments: #1 Exhibit 1 - Sentencing Article, #2 Exhibit 2 - Background Report, #3 Exhibit 3 - Press Releases, #4 Exhibit 4 - Loss Chart)(Berg, Ian) |
| Filing 34 RESPONSE in Opposition re #18 MOTION to Consolidate Cases ; (2) be Appointed Lead Plaintiff; and (3) Approve Proposed Lead Plaintiffs' Selection of Counsel, #22 MOTION to Consolidate Cases Appointment as Lead Plaintiffs and Appointment of Lead and Local Counsel filed by Sarasota Gen. Pension Fund. (Berg, Ian) |
| Filing 33 ENTRY of Appearance by Ian D Berg on behalf of Sarasota Gen. Pension Fund (Berg, Ian) |
| Filing 32 RESPONSE in Opposition re #23 MOTION to Consolidate Cases ; (2) Appointment as Lead Plaintiff, and (3) Approval of Selection of Counsel filed by Daniel Furia, Sharon Furia, Vincent Furia. (Walker, Jacob) |
| Filing 31 NOTICE (other) by Dion Larot, Andrew Micklin, Justas Normantas, Thomas Scuderi, Stephen Terry re #18 MOTION to Consolidate Cases ; (2) be Appointed Lead Plaintiff; and (3) Approve Proposed Lead Plaintiffs' Selection of Counsel [Notice of Withdrawal of Motion] (Federman, William) |
| Filing 30 ENTRY of Appearance by Jeffrey C Block on behalf of Daniel Furia, Sharon Furia, Vincent Furia (Block, Jeffrey) |
| Filing 29 ENTRY of Appearance by Jacob A Walker on behalf of Daniel Furia, Sharon Furia, Vincent Furia (Walker, Jacob) |
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Filing 28
ORDER granting #26 Motion to Appear Pro Hac Vice of Jeffrey C. Block; granting #27 Motion to Appear Pro Hac Vice of Jacob A. Walker. Signed by Honorable Scott L. Palk on 8/22/2019. (md)
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice of Jacob A. Walker Filing fee $ 50, receipt number 1087-2983200 by Daniel Furia, Sharon Furia, Vincent Furia. (Attachments: #1 Exhibit 1)(Copeland, C) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice of Jeffrey C. Block Filing fee $ 50, receipt number 1087-2983190 by Daniel Furia, Sharon Furia, Vincent Furia. (Attachments: #1 Exhibit 1)(Copeland, C) |
| Filing 25 DECLARATION by Sarasota Gen. Pension Fund re #23 MOTION to Consolidate Cases ; (2) Appointment as Lead Plaintiff, and (3) Approval of Selection of Counsel . (Attachments: #1 Exhibit 1 - Notice, #2 Exhibit 2 - Certification, #3 Exhibit 3 - AFT Resume, #4 Exhibit 4 - TLF Resume)(Tawwater, Darren) |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Consolidate Cases ; (2) Appointment as Lead Plaintiff, and (3) Approval of Selection of Counsel filed by Sarasota Gen. Pension Fund. (Tawwater, Darren) |
| Filing 23 MOTION to Consolidate Cases ; (2) Appointment as Lead Plaintiff, and (3) Approval of Selection of Counsel by Sarasota Gen. Pension Fund. (Tawwater, Darren) |
| Filing 22 MOTION to Consolidate Cases Appointment as Lead Plaintiffs and Appointment of Lead and Local Counsel by Daniel Furia, Sharon Furia, Vincent Furia. (Attachments: #1 Exhibit Declaration of Jacob A. Walker ni Support of the Furia Family's Motion for Consolidation of Cases; Appointment As Lead Plaintiffs; and Appointment of Lead and Local Counsel)(Copeland, C) |
| Filing 21 ENTRY of Appearance by C Michael Copeland on behalf of Daniel Furia, Sharon Furia, Vincent Furia (Copeland, C) |
| Filing 20 DECLARATION by Dion Larot, Andrew Micklin, Justas Normantas, Thomas Scuderi, Stephen Terry re #18 MOTION to Consolidate Cases ; (2) be Appointed Lead Plaintiff; and (3) Approve Proposed Lead Plaintiffs' Selection of Counsel, #19 Brief, . (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certifications, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume, #5 Exhibit 5 - F&S Firm Resume)(Federman, William) |
| Filing 19 BRIEF IN SUPPORT re #18 MOTION to Consolidate Cases ; (2) be Appointed Lead Plaintiff; and (3) Approve Proposed Lead Plaintiffs' Selection of Counsel by Dion Larot, Andrew Micklin, Justas Normantas, Thomas Scuderi, Stephen Terry. (Federman, William) |
| Filing 18 MOTION to Consolidate Cases ; (2) be Appointed Lead Plaintiff; and (3) Approve Proposed Lead Plaintiffs' Selection of Counsel by Thomas Scuderi, Justas Normantas, Stephen Terry, Andrew Micklin, Dion Larot. (Federman, William) |
| Filing 17 ENTRY of Appearance by Michelle A Reed on behalf of All Defendants (Reed, Michelle) |
| Filing 16 ENTRY of Appearance by Erin M Brewer on behalf of All Defendants (Brewer, Erin) |
| Filing 15 ENTRY of Appearance by M Scott Barnard on behalf of All Defendants (Barnard, M) |
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Filing 14
ORDER granting #11 Motion to Appear Pro Hac Vice ; granting #12 Motion to Appear Pro Hac Vice ; granting #13 Motion to Appear Pro Hac Vice. Signed by Honorable Scott L. Palk on 7/2/2019. (md) (Main Document 14 replaced on 7/2/2019) (md).
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| Filing 13 MOTION for Leave to Appear Pro Hac Vice [re Scott Barnard] Filing fee $ 50, receipt number 1087-2951285 by All Defendants. (Attachments: #1 Exhibit 1__W.D.Okla-Pro Hac Vice Request - Scott Barnard (Scuderi)_FLAT)(Smith, Spencer) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice [re Michelle Reed] Filing fee $ 50, receipt number 1087-2951280 by All Defendants. (Attachments: #1 Exhibit 1__W.D.Okla-Pro Hac Vice Request - Michelle Reed (Scuderi)_FLAT)(Smith, Spencer) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice [re Erin Brewer] Filing fee $ 50, receipt number 1087-2951267 by All Defendants. (Attachments: #1 Exhibit 1__W.D.Okla-Pro Hac Vice Request - Erin Brewer (Scuderi)_FLAT)(Smith, Spencer) |
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Filing 10
ORDER granting in part #9 Motion for Extension of Time to Respond to Complaint and to Set Filing and Briefing Schedule. Defendants deadline to file an Answer or other responsive pleading is STAYED until further order of the Court. The Court DEFERS ruling on any other requested relief and DECLINES to issue any scheduling order in this matter until the Court has ruled on the issues of consolidation and appointment of lead plaintiff(s) and lead counsel to represent the putative class. Signed by Honorable Scott L. Palk on 7/1/2019. (md)
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| Filing 9 JOINT MOTION for Extension of Time [to Respond to Complaint and to Set Filing and Briefing Schedule] by All Defendants. (Smith, Spencer) |
| Filing 8 ENTRY of Appearance by Michael F Lauderdale on behalf of All Defendants (Lauderdale, Michael) |
| Filing 7 ENTRY of Appearance by Spencer F Smith on behalf of All Defendants (Smith, Spencer) |
| Filing 6 SUMMONS Returned Executed by Thomas Scuderi. Mammoth Energy Services Inc served on 6/10/2019. (Federman, William) |
| Filing 5 ENTRY of Appearance by Phillip Kim on behalf of Thomas Scuderi (Kim, Phillip) |
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Filing 4
ORDER granting #3 Motion to Appear Pro Hac Vice. Signed by Honorable Scott L. Palk on 6/10/2019. (md)
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| Filing 3 MOTION for Leave to Appear Pro Hac Vice Phillip Kim Filing fee $ 50, receipt number 1087-2938098 by Thomas Scuderi. (Federman, William) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2937661. (Federman, William) |
| Filing 2 Summons Issued Electronically as to Mark Layton, Mammoth Energy Services Inc, Arty Straehla. (rb) |
| Filing 1 COMPLAINT against Mark Layton, Mammoth Energy Services Inc, Arty Straehla filed by Thomas Scuderi. (Attachments: #1 Civil Cover Sheet)(rb) |
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