Peak et al v. Zion Oil & Gas Inc et al
| Robert W Peak and Cindy J Hurrelbrink Peak |
| Michael B Croswell, Jr, Zion Oil & Gas Inc and Victor G Carrillo |
| 3:2018cv02067 |
| August 9, 2018 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| XX US, Outside State |
| Sam A Lindsay |
| Brantley Starr |
| Other Statutes: Securities/Commodities/Exchange |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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Filing 48
Memorandum Opinion and Order: For these reasons, the Court GRANTS IN PART the defendants' motion to dismiss. The Court DISMISSES WITHOUT PREJUDICE the lead plaintiffs' Securities Act claims due to lack of standing. And the Court DISMISSES WITHOUT PREJUDICE the lead plaintiffs' Exchange Act claims for failure to comply with the pertinent pleading standards. The lead plaintiffs must refile their complaint within 28 days of the issuance of this order. Additionally, the Court DENIES the motion to strike any material this order references. To the extent such materials are not referenced in this order, the Court DENIES WITHOUT PREJUDICE the motion to strike. Finally, the Court construes the request for oral argument as a motion for leave to file a sur-reply and GRANTS it. (Ordered by Judge Brantley Starr on 3/3/2020) (ndt)
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Filing 47
Special Order 3-333: Effective September 3, 2019, the cases listed on Exhibit A to this order are transferred to Judge Brantley Starr's docket and shall henceforth be designated by the suffix letter X. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/27/2019) (cea)
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| Filing 46 REPLY filed by Lawrence Davis, Melody Guy, Dennis Robertson re: #45 Response/Objection (Jafri, Omar) |
| Filing 45 RESPONSE to #44 NOTICE of Request for Oral Argument filed by Victor G Carrillo, Michael B Croswell Jr, Zion Oil & Gas Inc.(Pulliam, Jessica) |
| Filing 44 NOTICE of Request for Oral Argument re: #32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint filed by Lawrence Davis, Melody Guy, Dennis Robertson (Jafri, Omar) |
| Filing 43 REPLY filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc re: #32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint (Pulliam, Jessica) |
| Filing 42 REPLY filed by Lawrence Davis, Melody Guy, Dennis Robertson re: #39 MOTION to Strike #34 Appendix in Support, of Defendants' Motion to Dismiss (Jafri, Omar) |
| Filing 41 RESPONSE filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc re: #39 MOTION to Strike #34 Appendix in Support, of Defendants' Motion to Dismiss (Pulliam, Jessica) |
| Filing 40 Brief/Memorandum in Support filed by Lawrence Davis, Melody Guy, Dennis Robertson re #39 MOTION to Strike #34 Appendix in Support, of Defendants' Motion to Dismiss (Jafri, Omar) |
| Filing 39 MOTION to Strike #34 Appendix in Support, of Defendants' Motion to Dismiss filed by Lawrence Davis, Melody Guy, Dennis Robertson (Jafri, Omar) |
| Filing 38 Appendix in Support filed by Lawrence Davis, Melody Guy, Dennis Robertson re #37 Response/Objection to Defendants' Motion to Dismiss (Attachments: #1 Exhibit(s) A-G) (Jafri, Omar) |
| Filing 37 RESPONSE filed by Lawrence Davis, Melody Guy, Dennis Robertson re: #32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint (Jafri, Omar) |
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Filing 36
ELECTRONIC ORDER granting #35 Motion for Leave to File. Accordingly, Plaintiffs may file a response to Defendants' motion to dismiss that is no longer than 35 pages in length. From this point, the court expects the parties to brief in such a matter to stay within the page limitations. (Ordered by Judge Sam A Lindsay on 4/24/2019) (chmb)
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| Filing 35 Unopposed MOTION for Leave to File Extension of Page Limits filed by Lawrence Davis, Melody Guy, Dennis Robertson (Attachments: #1 Proposed Order)Attorney Omar Jafri added to party Lawrence Davis(pty:pla) (Jafri, Omar) |
| Filing 34 Appendix in Support filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc re #32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint, #33 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit(s) 1-29) (Pulliam, Jessica) |
| Filing 33 Brief/Memorandum in Support filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc re #32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint (Pulliam, Jessica) |
| Filing 32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc (Attachments: #1 Proposed Order) (Pulliam, Jessica) |
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Filing 31
ELECTRONIC ORDER granting #30 Motion for Extension of Page Limits. Accordingly, Defendants may file a consolidated brief in support of their anticipated motion to dismiss that is no longer than 35 pages in length. (Ordered by Judge Sam A Lindsay on 3/6/2019) (chmb)
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| Filing 30 MOTION for Extension of Page Limits (Unopposed) filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc (Attachments: #1 Proposed Order) (Pulliam, Jessica) |
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Filing 29
ELECTRONIC ORDER granting #28 Application for Admission Pro Hac Vice of Omar Jafri. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 2/1/2019) (chmb)
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| Filing 28 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9750734) filed by Melody Guy, Dennis Robertson (Attachments: #1 Exhibit(s) Certificate of Good Standing)Attorney Omar Jafri added to party Melody Guy(pty:pla), Attorney Omar Jafri added to party Dennis Robertson(pty:pla) (Jafri, Omar) |
| Filing 27 AMENDED COMPLAINT WITH JURY DEMAND CORRECTED AMENDED COMPLAINT against Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc filed by Dennis Robertson, Melody Guy, Lawrence Davis. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A) (Dahlstrom, Patrick) |
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Filing 26
ELECTRONIC ORDER granting #25 Application for Admission Pro Hac Vice of Patrick Dahlstrom. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 1/29/2019) (chmb)
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| Filing 25 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9741064) filed by Melody Guy, Dennis Robertson (Attachments: #1 Exhibit(s) Certificate of Good Standing)Attorney Patrick Dahlstrom added to party Melody Guy(pty:pla), Attorney Patrick Dahlstrom added to party Dennis Robertson(pty:pla) (Dahlstrom, Patrick) |
| Filing 24 AMENDED COMPLAINT WITH JURY DEMAND against Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc filed by Robert W Peak, Cindy J Hurrelbrink Peak, Lawrence Davis. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Carino, Michele) |
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Filing 23
ELECTRONIC ORDER granting #22 Application for Admission Pro Hac Vice of Michele S. Carino. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 12/14/2018) (chmb)
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| Filing 22 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9644212) filed by Melody Guy, Dennis Robertson Attorney Michele S Carino added to party Melody Guy(pty:pla), Attorney Michele S Carino added to party Dennis Robertson(pty:pla) (Carino, Michele) |
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Filing 21
SCHEDULING ORDER granting #20 MOTION Setting a Schedule for Filing of a Consolidated Complaint and Motion to Dismiss. Lead Plaintiff shall file and serve a Consolidated Complaint by 1/22/2019. Defendants shall answer or otherwise respond to the Consolidated Complaint on or before 3/13/2019. Lead Plaintiffs shall file their opposition to Defendants motion to dismiss, if any, on or before 4/29/2019. Defendants shall file a reply, if any, on or before 5/29/2019. (Ordered by Judge Sam A Lindsay on 12/3/2018) (ykp)
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| Filing 20 MOTION Setting a Schedule for Filing of a Consolidated Complaint and Motion to Dismiss (Joint) filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc (Attachments: #1 Proposed Order) (Pulliam, Jessica) |
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Filing 19
ORDER finding as moot #9 Motion to Appoint Counsel; granting #13 Motion of Dennis Robertson and Melody Guy for Appointment as Lead Plaintiffs and Approval of Lead Counsel. (Ordered by Judge Sam A Lindsay on 11/16/2018) (epm)
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Filing 18
ELECTRONIC ORDER denying as moot #10 Motion to Appoint Counsel in light of the 10/30/18 notice withdrawing this motion. (Ordered by Judge Sam A Lindsay on 11/16/2018) (chmb)
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| Filing 17 NOTICE of WITHDRAWAL OF re: #10 MOTION to Appoint Counsel and for Appointment as Lead Plaintiffs and Approval of Lead Plaintiffs' Selection of Counsel filed by Riley Crumley (Gresham, R) |
| Filing 16 NOTICE of NON-OPPOSITION OF GEORGE P. RAMBO TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by George P Rambo (McKey, Jamie) |
| Filing 15 Appendix in Support filed by Melody Guy, Dennis Robertson re #13 MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Briscoe, Willie) |
| Filing 14 Brief/Memorandum in Support filed by Melody Guy, Dennis Robertson re #13 MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel (Briscoe, Willie) |
| Filing 13 MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel filed by Dennis Robertson, Melody Guy (Attachments: #1 Proposed Order) (Briscoe, Willie) |
| Filing 12 Appendix in Support filed by George P Rambo re #9 MOTION to Appoint Counsel and Memorandum of Law in Support (Attachments: #1 Exhibit(s) 1-5) (Kendall, Joe) |
| Filing 11 Brief/Memorandum in Support filed by Riley Crumley, Virginia Victoria Rideout re #10 MOTION to Appoint Counsel and for Appointment as Lead Plaintiffs and Approval of Lead Plaintiffs' Selection of Counsel (Attachments: #1 Exhibit(s)) (Gresham, R) |
| Filing 10 MOTION to Appoint Counsel and for Appointment as Lead Plaintiffs and Approval of Lead Plaintiffs' Selection of Counsel filed by Riley Crumley, Virginia Victoria Rideout. Party Riley Crumley and Virginia Victoria Rideout added.Attorney R Dean Gresham added to party Riley Crumley(pty:mov), Attorney R Dean Gresham added to party Virginia Victoria Rideout(pty:mov) (Gresham, R) |
| Filing 9 MOTION to Appoint Counsel and Memorandum of Law in Support filed by George P Rambo with Brief/Memorandum in Support. (Attachments: #1 Proposed Order). Party George P. Rambo added. (Kendall, Joe) |
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Filing 8
ORDER granting #7 Motion for Extension of Time to File Answer. Accordingly, the deadline for Defendants to Answer or otherwise respond to Plaintiff's Complaint is extended until fourteen (14) days after the court appoints the lead plaintiff in this action; and Defendants and lead plaintiff, within fourteen (14) days of being selected, shall propose to this court a schedule by which Defendants must respond, including a briefing schedule on any anticipated motion to dismiss. (Ordered by Judge Sam A Lindsay on 9/12/2018) (epm)
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| Filing 7 Agreed Motion for Extension of Time to File Answer filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc (Attachments: #1 Proposed Order)Attorney Jessica B Pulliam added to party Victor G Carrillo(pty:dft), Attorney Jessica B Pulliam added to party Michael B Croswell, Jr(pty:dft), Attorney Jessica B Pulliam added to party Zion Oil & Gas Inc(pty:dft) (Pulliam, Jessica) |
| Filing 6 SUMMONS Returned Executed as to All Defendants. (Attachments: #1 Additional Page(s), #2 Additional Page(s)) (Briscoe, Willie) |
| Filing 5 Summons Issued as to Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc. (zkc) |
| Filing 4 Request for Clerk to issue Summons filed by Cindy J Hurrelbrink Peak, Robert W Peak. (Attachments: #1 Additional Page(s) Summons for Victor C. Carrillo, #2 Additional Page(s) Summons for Michael B. Croswell, Jr.) (Briscoe, Willie) |
| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (zkc) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cindy Hurrelbrink Peak, Robert W. Peak. (Briscoe, Willie) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Cindy Hurrelbrink Peak, Robert W. Peak. (Filing fee $400; Receipt number 0539-9371350) Summons(es) not requested at this time. 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 must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Certification of Plaintiffs, #2 Cover Sheet Civil Cover Sheet) (Briscoe, Willie) |
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