Stewart et al v. Atherio Inc et al
Michael Stewart and Tammy O'Connor |
Atherio Inc, Jason Cory, Traci Cory, Greg Furst, Mark Dinkel, Thomas Forest Farb, C Taylor Pickett, Frank D'Angelo and Edward Perry |
3:2016cv01731 |
June 23, 2016 |
US District Court for the Northern District of Texas |
Dallas Office |
Dallas |
Jane J Boyle |
Securities/Commodities/Exchanges |
15 U.S.C. ยง 78 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 242 MEMORANDUM OPINION AND ORDER: The Court GRANTS Defendants' motion for summary judgment (Doc. 216 ) and DENIES Plaintiff's motion for summary judgment as to liability (Doc. 218 ). Further, as specified in footnote three, supra, the Court G RANTS in part and DENIES in part Defendants' motion for leave to file a surreply (Doc. 230 ). Because this memorandum opinion and order disposes of the remaining issues in this case, a final judgment will follow. All other pending motions and deadlines in this case are terminated. (Ordered by Judge Jane J. Boyle on 5/8/2019) (zkc) |
Filing 211 Memorandum Opinion and Order granting 140 Motion for Summary Judgment and 142 Motion for Summary Judgment; denying 155 Motion to Strike; granting in part and denying in part 174 Motion to Strike and Motion for Leave to File; granting 175 Motion for Leave to File. The Court will not strike Cory's Reply, but grants Plaintiffs' leave to file their surreply and additional evidence attached to Doc. 174 . (Ordered by Judge Jane J. Boyle on 1/3/2019) (epm) |
Filing 157 MEMORANDUM OPINION & ORDER granting in part and denying in part 135 Motion for Leave to Amend Pleadings. Should Cory choose to amend his pleadings, he must do so by 11/15/2018. Plaintiffs will have 14 days to answer. Because the parties have brie fed the statute-of-limitations defense in their summary-judgment motions, Docs. 140, 142, & 156, the Court will not order the parties to refile their motions. If the parties wish to file supplemental briefing on this limited issue, they shall request leave to do so. (Ordered by Judge Jane J. Boyle on 11/8/2018) (zkc) |
Filing 152 MEMORANDUM OPINION AND ORDER: After considering the Plaintiffs' Rule 56(f) Response to the Courts Summary Judgment Order (Doc. 118 ); Defendants' Response to Plaintiffs' Rule 56(f) Response to the Court's Summary Judgment Orde r (Doc. 124 ); and Plaintiffs' Reply (Doc. 129 ), the Court GRANTS, in part, summary judgment in favor of Defendants. Thus, Plaintiffs' federal securities fraud and common-law fraud claims are barred by the disclaimer-of-reliance clause insofar as they rely on extracontractual representations. However, Plaintiffs' claims survive insofar as they are linked to the intracontractual representations related to Thomas Farb's resignation. Moreover, the Court GRANTS summary j udgment in favor of Defendants on Plaintiffs' Texas Securities Act claim. Nothing in this Order prevents the Court from considering Defendants' motions for summary judgment on what remains of Plaintiffs claims. If the parties wish to amend their briefing in response to this Order, they shall request leave of Court to do so. (Ordered by Judge Jane J. Boyle on 10/19/2018) (axm) |
Filing 148 Memorandum Opinion and Order Granting 108 MOTION For Leave to Re-Open Depositions. Plaintiffs shall notice and take the depositions of Greg Furst and Jason Cory no later than four (4) weeks from the date of this order. The Court DENIES Pla intiffs motion with respect to reopening the deposition of Thomas Farb. However, the Court will GRANT Plaintiffs leave to serve Farb with no more than five (5) written discovery requests related to the Release. (Ordered by Judge Jane J. Boyle on 10/16/2018) (svc) |
Filing 109 MEMORANDUM OPINION AND ORDER: The Court DENIES the plaintiffs' 63 motion for partial summary judgment. Moreover, because the Court has determined that the purchase agreement bars the plaintiffs claims as a matter of law, the Court GRANTS summa ry judgment in the defendants favor. In accordance with Rule 56(f), the Court ORDERS the plaintiffs to file a response within 30 days containing any reason why the Court should not grant summary judgment in favor of the defendants given that the Court has rejected the plaintiffs' interpretation of the purchase agreement. (Ordered by Judge Jane J. Boyle on 6/7/2018) (zkc) |
Filing 102 Memorandum Opinion and Order granting 67 Motion for Leave to File Amended Pleadings. The Clerk of Court is requested to enter Mr. Cory's Amended Pleading, Doc. 67-1, Ex. B, as a separate docket entry. (Ordered by Judge Jane J. Boyle on 5/2/2018) (epm) |
Filing 100 MEMORANDUM OPINION AND ORDER: The Court GRANTS in part and DENIES in part Defendants' 82 Motion. Trial reset for 1/7/2019 before Judge Jane J. Boyle. Pretrial Conference reset for 1/4/2019 10:00 AM before Judge Jane J. Boyle. Discovery due by 8/28/2018. Deadline for mediation is on or before 7/27/2018. Motions due by 9/26/2018. Pretrial Materials due by 12/10/2018. Pretrial Order due by 12/10/2018. (Ordered by Judge Jane J. Boyle on 4/19/2018) (sss) |
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