Richardson et al v. Schmidt et al
| Colin Richardson and Steven Henson, M.D. |
| Maxwell Resources, Inc. formerly known as Mericol Inc doing business as Maxwell Technical Resources, Donal R Schmidt, Jr, Robert B Fields, Stephen W Weathers, Thimothy S Wafford, Daniel M Cofall, Judson F Hoover, Mark Hall, Sierra Foxtrot LP, Sierra Foxtrot Genpar LLC, Sun River Energy Inc, Mericol Inc and James E Pennington |
| 3:2012cv05020 |
| December 6, 2012 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sam A Lindsay |
| Contract: Stockholders' Suits |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 26, 2012. A more recent docket listing may be available from PACER.
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Filing 23
MEMORANDUM OPINION AND ORDER: The court lacks subject matter jurisdiction over this action and grants Plaintiff's Emergency Motion to Remand. Accordingly, the court, pursuant to 28 U.S.C. 1447(c), remands this action to the 134th Judicial District Court, Dallas County, Texas. Further, the court denies Plaintiff's request for costs and attorney's fees. (Ordered by Judge Sam A Lindsay on 12/26/2012) (skt)
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***Civil Case Terminated per document #23 Memorandum Opinion and Order. (skt)
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Filing 22
ORDER EXTENDING TEMPORARY RESTRAINING ORDER: Accordingly, the court hereby extends the TRO originally entered in this case on 11/26/2012, by the 134th Judicial District Court and subsequently extended by order of this court on 12/10/2012. The TRO is hereby extended through 12:00 p.m., on Thursday, 12/27/2012, regardless of whether this case remains in the United States District Court for the Northern District of Texas or whether it is remanded to the 134th Judicial District Court, Dallas County, Texas. All terms of the TRO issued by this court remain in effect, and all parties are bound by its provisions and terms. (Ordered by Judge Sam A Lindsay on 12/21/2012) (ctf)
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Filing 21
NOTICE of Attorney Appearance by G Kevin Buchanan, Melissa J Bellan, SeeAi Ooi on behalf of Steven Henson, M.D.. (Filer confirms contact info in ECF is current.) (Buchanan, G)
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Filing 20
REPLY filed by Colin Richardson re: #2 Emergency MOTION to Remand to State Court , to Extend Temporary Restraining Order, and Request for Expedited Hearing (Goldfarb, Jeffrey)
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Filing 19
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Daniel M Cofall, Robert B Fields, Mark Hall, Judson F Hoover, Donal R Schmidt, Jr, Sierra Foxtrot Genpar LLC, Sierra Foxtrot LP, Thimothy S Wafford, Stephen W Weathers. (Berg, Lars)
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Filing 18
RESPONSE filed by James E Pennington re: #2 Emergency MOTION to Remand to State Court , to Extend Temporary Restraining Order, and Request for Expedited Hearing (Pennington, James)
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Filing 17
FIRST AMENDED NOTICE OF REMOVAL by James E Pennington. Amendment to #1 Notice of Removal. . (Pennington, James) Modified text on 12/17/2012 (tla).
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Filing 16
(Document Restricted) Plaintiff Colin Richardson's Second Amended Verified Shareholder Derivative Petition (Sealed pursuant to order dated 12/10/2012) filed by Sun River Energy Inc (Attachments: #1 Additional Page(s) Verification of Colin Richardson, #2 Exhibit(s) A, #3 Exhibit(s) B) (Clouston, David)
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Filing 15
Supplemental Document by James E Pennington as to #1 Notice of Removal,,,,, Index. (Attachments: #1 Exhibit(s) 1-1 Tabs 1-11, #2 Exhibit(s) 1-2 Tabs 12-16, #3 Exhibit(s) 1-3 Tabs 17-22, #4 Exhibit(s) 1-4 Tabs 23-42, #5 Exhibit(s) 1-5 Tabs 43-58, #6 Exhibit(s) 1-6 Tab 59, #7 Exhibit(s) 1-7 Tabs 60-61, #8 Exhibit(s) 1-8 Tabs 62-73, #9 Exhibit(s) 1-9 Tabs 74-76, #10 Exhibit(s) 1-10 Tab 77, #11 Exhibit(s) 1-11 Tabs 78-85, #12 Exhibit(s) 2- Pennington Summons and Second Amended Petition, #13 Exhibit(s) 3-Consents to Removal, #14 Exhibit(s) 4-Notice of Filing Removal) (Pennington, James)
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Filing 14
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by James E Pennington. (Pennington, James)
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Filing 13
ORDER: Defendant has filed with his Notice of Removal, approximately 1850 pages of documents, none of which is two-hole punched or secured with staples or durable fasteners as required by the local rule. Accordingly, the court, consistent with both its oral ruling and written order of 12/10/2012, orders Defendant to provide to the clerk, for filing, a notice of removal with an index of all documents that complies with Local Rule 81.1 by 12:00 p.m., Friday, 12/14/2012. (Ordered by Judge Sam A Lindsay on 12/11/2012) (tln)
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Filing 12
ORDER: The court orders Defendant James Pennington to comply with Local Rule 81.1 and file an index of all documents filed in the state court proceeding. This should be completed by 12 p.m., Friday, 12/14/2012. Defendants shall file a response to Plaintiff's #2 Emergency Motion to Remand by 12 p.m., Friday, 12/14/2012, and Plaintiff shall file its reply thereto by 5 p.m., Monday, 12/17/2012. In addition, Defendants shall file under seal, a nonredacted copy of Plaintiff's Petition by Thursday, 12/13/2012. (Ordered by Judge Sam A Lindsay on 12/10/2012) (tln)
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Filing 11
MEMORANDUM OPINION AND ORDER EXTENDING TEMPORARY RESTRAINING ORDER. (Ordered by Judge Sam A Lindsay on 12/10/2012) (tln)
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Filing 10
ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: Motion Hearing held on 12/10/2012 re #2 Motion to Remand to State Court filed by Colin Richardson. re: #2 Emergency MOTION to Remand to State Court , to Extend Temporary Restraining Order, and Request for Expedited Hearing...Order to follow. Attorney Appearances: Plaintiff - Jeffrey Goldfarb,; Defense - Lars Berg, Jason Hopkins, David Clouston, Kevin Buchanan, and Jim Pennington (self) (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 0:50. (chmb)
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Filing 9
CERTIFICATE of Conference re #6 Certificate of Conference, Clarification of certificate by James E Pennington on behalf of James E Pennington (Pennington, James)
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Filing 8
ORDER: Motion Hearing set for 12/10/2012 10:30 AM in Courtroom 1546 before Judge Sam A Lindsay. re: #2 Emergency MOTION to Remand to State Court , to Extend Temporary Restraining Order, and Request for Expedited Hearing (Ordered by Judge Sam A Lindsay on 12/7/2012) (chmb)
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Filing 7
ADDITIONAL ATTACHMENTS to #1 Notice of Removal,,,,, by Defendant James E Pennington. (Pennington, James)
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Filing 6
CERTIFICATE of Conference re #2 Emergency MOTION to Remand to State Court , to Extend Temporary Restraining Order, and Request for Expedited Hearing Supplemental by Jeffrey M Goldfarb on behalf of Colin Richardson (Goldfarb, Jeffrey)
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Filing 5
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Colin Richardson. (Goldfarb, Jeffrey)
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Filing 3
Appendix in Support filed by Colin Richardson re #2 Emergency MOTION to Remand to State Court , to Extend Temporary Restraining Order, and Request for Expedited Hearing (Goldfarb, Jeffrey)
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Filing 2
Emergency MOTION to Remand to State Court , to Extend Temporary Restraining Order, and Request for Expedited Hearing filed by Colin Richardson with Brief/Memorandum in Support. (Goldfarb, Jeffrey)
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Filing 4
New Case Notes: A filing fee has been paid. File to Judge Lindsay. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (skt)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND from 134th District Court, Dallas County, case number DC-12-06318 filed by James E Pennington. (Filing fee $350; receipt number 0539-4990615) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Attachments: #1 Exhibit(s) 1- Documents filed in State Court, #2 Exhibit(s) 1-1, #3 Exhibit(s) 1-2, #4 Exhibit(s) 1-3, #5 Exhibit(s) 1-4, #6 Exhibit(s) 1-5, #7 Exhibit(s) 1-6, #8 Exhibit(s) 1-7, #9 Exhibit(s) 1-8, #10 Exhibit(s) 1-9, #11 Exhibit(s) 1-10, #12 Exhibit(s) 1-11, #13 Exhibit(s) 2 - Pennington Summons and Second Amended Petition, #14 Exhibit(s) 3 - Consents to Removal, #15 Exhibit(s) 4 - Notice of Filing Removal) (Pennington, James)
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