Vega v. Energy Transfer LP et al
| Mike Vega and Police and Fire Retirement System of the City of Detroit |
| Energy Transfer LP, Kelcy L Warren, Thomas E Long, Marshall S. McCrea III, Bradford Dickerson Whitehurst, John W McReynolds and Matthew S Ramsey |
| Josephine Dameyer, New Mexico State Investment Council and Public Employees Retirement Association of New Mexico |
| 3:2022cv02735 |
| December 8, 2022 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Other Statutes: Securities/Commodities/Exchange |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 99 REPLY filed by Energy Transfer LP re: #92 MOTION Defendants' Request for Consideration of Documents Incorporated by Reference and Eligible for Judicial Notice Regarding Defendants' Motion to Dismiss re #91 MOTION to Dismiss (Cox, John) |
| Filing 98 REPLY filed by Energy Transfer LP re: #91 MOTION to Dismiss (Cox, John) |
| Filing 97 RESPONSE AND OBJECTION filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico re: #92 MOTION Defendants' Request for Consideration of Documents Incorporated by Reference and Eligible for Judicial Notice Regarding Defendants' Motion to Dismiss re #91 MOTION to Dismiss (Wyman, Debra) |
| Filing 96 RESPONSE AND OBJECTION filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico re: #91 MOTION to Dismiss (Wyman, Debra) |
Filing 95
ELECTRONIC ORDER granting #94 Application for Admission Pro Hac Vice of Stephen Johnson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 2/2/2023) (chmb)
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| Filing 94 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Stephen Johnson (Filing fee $100; Receipt number ATXNDC-13488204) filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico with Brief/Memorandum in Support. (Kendall, Joe) |
| Filing 93 Appendix in Support filed by Energy Transfer LP, Thomas E Long, Marshall S. McCrea III, John W McReynolds, Matthew S Ramsey, Kelcy L Warren, Bradford Dickerson Whitehurst re #91 MOTION to Dismiss Plaintiffs' Amended Complaint (Davis, Colin) |
| Filing 92 MOTION Defendants' Request for Consideration of Documents Incorporated by Reference and Eligible for Judicial Notice Regarding Defendants' Motion to Dismiss re #91 MOTION to Dismiss filed by Energy Transfer LP, Thomas E Long, Marshall S. McCrea III, John W McReynolds, Matthew S Ramsey, Kelcy L Warren, Bradford Dickerson Whitehurst (Cox, John) |
| Filing 91 MOTION to Dismiss filed by Energy Transfer LP, Thomas E Long, Marshall S. McCrea III, John W McReynolds, Matthew S Ramsey, Kelcy L Warren, Bradford Dickerson Whitehurst (Attachments: #1 Proposed Order) (Cox, John) |
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Filing 90
ELECTRONIC ORDER: Before the Court is the parties' Agreed Motion for Leave to File Briefing for Motion to Dismiss in Excess of Page Limits and Regarding Briefing Schedule for Motion to Dismiss (the "Agreed Motion") (Doc. No. 89). The Court GRANTS the Agreed Motion. The parties' briefing on the Defendants' anticipated motion to dismiss may exceed the page limits set forth in the Local Civil Rules as proposed by the parties in the Agreed Motion. Further, the Court finds good cause exists to extend Defendants' deadline to file their motion to dismiss on or before January 27, 2023. Lead Plaintiff must file any response in opposition on or before March 10, 2023. Defendants must file their reply brief on or before March 31, 2023. (Ordered by Judge Ed Kinkeade on 1/3/2023) (chmb)
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| Filing 89 Agreed MOTION for Leave to File Briefing for Motion to Dismiss in Excess of Page Limits and Regarding Briefing Schedule for Motion to Dismiss filed by Energy Transfer LP, Thomas E Long, Marshall S. McCrea III, John W McReynolds, Matthew S Ramsey, Kelcy L Warren, Bradford Dickerson Whitehurst (Attachments: #1 Proposed Order) (Cox, John) |
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Filing 88
ELECTRONIC ORDER granting #85 Application for Admission Pro Hac Vice of Colin B. Davis. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 12/20/2022) (chmb)
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Filing 87
ELECTRONIC ORDER granting #83 Motion to Withdraw as Attorney Of Record #83 . Christopher E. Duffy and Meredith Jeanes Lyons are withdrawn as Attorney of Record for Defendants Energy Transfer LP, Kelcy L. Warren, Thomas E. Long, Marshall S. McCrea, III, Bradford Dickerson Whitehurst, John W. McReynolds and Matthew S. Ramsey. (Ordered by Judge Ed Kinkeade on 12/20/2022) (chmb)
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Filing 86
ELECTRONIC ORDER granting #84 Application for Admission Pro Hac Vice of Brian M. Lutz. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 12/20/2022) (chmb)
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| Filing 85 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Colin B. Davis (Filing fee $100; Receipt number ATXNDC-13388757) filed by Energy Transfer LP, Thomas E Long, Marshall S. McCrea III, John W McReynolds, Matthew S Ramsey, Kelcy L Warren, Bradford Dickerson Whitehurst (Attachments: #1 Proposed Order) (Cox, John) |
| Filing 84 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brian M. Lutz (Filing fee $100; Receipt number ATXNDC-13388591) filed by Energy Transfer LP, Thomas E Long, Marshall S. McCrea III, John W McReynolds, Matthew S Ramsey, Kelcy L Warren, Bradford Dickerson Whitehurst with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cox, John) |
| Filing 83 MOTION to Withdraw as Attorney of Record filed by Energy Transfer LP, Thomas E Long, Marshall S. McCrea III, John W McReynolds, Matthew S Ramsey, Kelcy L Warren, Bradford Dickerson Whitehurst (Lyons, Meredith) |
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Filing 82
ELECTRONIC ORDER granting #79 Application for Admission Pro Hac Vice of Robert M. Rothman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 12/13/2022) (chmb)
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Filing 81
ELECTRONIC ORDER granting #78 Application for Admission Pro Hac Vice of Heather G. Geiger. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 12/13/2022) (chmb)
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Filing 80
ELECTRONIC ORDER granting #77 Application for Admission Pro Hac Vice of Debra J. Wyman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 12/13/2022) (chmb)
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| Filing 79 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Robert M. Rothman (Filing fee $100; Receipt number ATXNDC-13369002) filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 78 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Heather G. Geiger (Filing fee $100; Receipt number ATXNDC-13368983) filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 77 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Debra J. Wyman (Filing fee $100; Receipt number ATXNDC-13368938) filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
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Filing 76
ELECTRONIC ORDER: Before the Court is Defendants' Notice of Withdrawal of Appearance (Doc. No. 75). The Clerk is directed to take no action on the Notice. After conferring with Opposing Counsel, Movants may file a proper motion with the Clerk that complies with this Court's Local Rules. (Ordered by Judge Ed Kinkeade on 12/13/2022) (chmb)
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| Filing 75 NOTICE of Withdrawal of Appearance filed by Energy Transfer LP, Thomas E Long, Marshall S. McCrea III, John W McReynolds, Matthew S Ramsey, Kelcy L Warren (Ritchie, Robert) |
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Filing 74
ELECTRONIC ORDER: This case was transferred from the Southern District of New York to the Northern District of Texas, Dallas Division, on December 6, 2022. See Doc. No. 69. Prior to the order granting their motion to transfer, Defendants filed a Motion to Dismiss the Amended Complaint (Doc. No. 64). The Motion to Dismiss was not decided by the court in New York. In light of the case being transferred, the Court DENIES without prejudice the Motion to Dismiss. Defendants may re-urge their motion to dismiss, which must contain local counsel's signature, by January 6, 2023. (Ordered by Judge Ed Kinkeade on 12/9/2022) (chmb)
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| Filing 73 NOTICE of Attorney Appearance by John T Cox, III for John T. Cox III on behalf of Energy Transfer LP, Thomas E Long, Marshall S. McCrea III, John W McReynolds, Matthew S Ramsey, Kelcy L Warren, Bradford Dickerson Whitehurst. (Cox, John) |
| Filing 72 NOTICE of Attorney Appearance by Joe Kendall on behalf of New Mexico State Investment Council, Public Employees Retirement Association of New Mexico. (Filer confirms contact info in ECF is current.) (Kendall, Joe) |
| Filing 71 ***PLEASE DISREGARD ENTERED BY ERROR*** Notice and Instruction to Pro Se Party. (oyh) Modified docket text on 12/8/2022 (oyh). |
| Filing 70 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (mlb) |
| Filing 69 Case electronically transferred in from District of New York Southern; Case Number 1:22-cv-04614. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. Modified file date on 12/8/2022 (mlb). |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Texas.(yv) [Transferred from New York Southern on 12/8/2022.] |
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Filing 68
ORDER GRANTING MOTION TO TRANSFER TO THE NORTHERN DISTRICT OF TEXAS granting #47 Motion to Transfer Case. Having considered the relevant factors, I find that a transfer of venue to the U.S. District Court for the Northern District of Texas is appropriate. The conference scheduled for November 18, 2022 is cancelled. The Clerk shall transfer the case to the U.S. District Court for the Northern District of Texas, terminate the open motion (ECF No. 47), and close this docket. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/7/22) (yv) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/8/2022.]
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #67 Proposed Order, was reviewed and approved as to form. (tp) [Transferred from New York Southern on 12/8/2022.] |
| Filing 67 PROPOSED ORDER. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst. Related Document Number: #64 ..(Lyons, Meredith) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 12/8/2022.] |
| Filing 66 DECLARATION of Meredith Jeanes Lyons in Support re: #64 MOTION to Dismiss Amended Complaint.. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP).(Lyons, Meredith) [Transferred from New York Southern on 12/8/2022.] |
| Filing 65 MEMORANDUM OF LAW in Support re: #64 MOTION to Dismiss Amended Complaint. . Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Lyons, Meredith) [Transferred from New York Southern on 12/8/2022.] |
| Filing 64 MOTION to Dismiss Amended Complaint. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Lyons, Meredith) [Transferred from New York Southern on 12/8/2022.] |
| Filing 63 AFFIDAVIT OF SERVICE. Kelcy L. Warren served on 11/1/2022, answer due 11/22/2022. Service was accepted by Salvador Medrano, Ranch Hand. Document filed by New Mexico State Investment Council; Police and Fire Retirement System of the City of Detroit..(Geiger, Heather) [Transferred from New York Southern on 12/8/2022.] |
| Filing 62 REPLY MEMORANDUM OF LAW in Support re: #47 MOTION to Transfer Case / Notice of Defendants' Motion To Transfer Venue To The Northern District of Texas. . Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Lyons, Meredith) [Transferred from New York Southern on 12/8/2022.] |
| Filing 61 AFFIDAVIT OF SERVICE. Matthew S. Ramsey served on 10/3/2022, answer due 11/4/2022. Service was accepted by Judith Ramsey - Wife of Matthew Ramsey. Document filed by New Mexico State Investment Council; Police and Fire Retirement System of the City of Detroit..(Wyman, Debra) [Transferred from New York Southern on 12/8/2022.] |
| Filing 60 AFFIDAVIT OF SERVICE. Thomas E. Long served on 9/19/2022, answer due 11/4/2022. Service was made by Mail. Document filed by New Mexico State Investment Council; Police and Fire Retirement System of the City of Detroit..(Wyman, Debra) [Transferred from New York Southern on 12/8/2022.] |
| Filing 59 AFFIDAVIT OF SERVICE. John W. McReynolds served on 9/19/2022, answer due 11/4/2022. Service was made by Mail. Document filed by New Mexico State Investment Council; Police and Fire Retirement System of the City of Detroit..(Wyman, Debra) [Transferred from New York Southern on 12/8/2022.] |
| Filing 58 AFFIDAVIT OF SERVICE. Marshall S. McCrea III served on 10/6/2022, answer due 11/4/2022. Service was made by Mail. Document filed by New Mexico State Investment Council; Police and Fire Retirement System of the City of Detroit..(Rothman, Robert) [Transferred from New York Southern on 12/8/2022.] |
| Filing 57 MEMORANDUM OF LAW in Opposition re: #47 MOTION to Transfer Case / Notice of Defendants' Motion To Transfer Venue To The Northern District of Texas. . Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico..(Rothman, Robert) [Transferred from New York Southern on 12/8/2022.] |
| Filing 56 NOTICE OF APPEARANCE by Mark Tamerlane Millkey on behalf of New Mexico State Investment Council, Public Employees Retirement Association of New Mexico..(Millkey, Mark) [Transferred from New York Southern on 12/8/2022.] |
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Filing 55
ORDER FOR ADMISSION PRO HAC VICE granting #54 Motion for Meredith J. Lyons to Appear Pro Hac Vice. The motion of Meredith J. Lyons, for admission to practice pro hac vice in the above captioned actions is GRANTED. IT IS ORDERED that Meredith J. Lyons is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 10/13/22) (yv) [Transferred from New York Southern on 12/8/2022.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #54 MOTION for Meredith J. Lyons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26798446. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) [Transferred from New York Southern on 12/8/2022.] |
| Filing 54 MOTION for Meredith J. Lyons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26798446. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst. (Attachments: #1 Affidavit Declaration of Meredith J. Lyons In Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Jeanes, Meredith) [Transferred from New York Southern on 12/8/2022.] |
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Filing 53
ORDER REGULATING PROCEEDINGS, Plaintiffs shall file opposition papers by October 21, 2022; replies, by October 28, 2022. Defendants' time to Answer, in this or in a transferee court, is due by November 4, 2022. The Initial Case Management Conference will be held November 18, 2022, if the case remains in this court. SO ORDERED. (All Defendants.) ( Responses due by 10/21/2022, Replies due by 10/28/2022.) (Signed by Judge Alvin K. Hellerstein on 10/11/22) (yv) [Transferred from New York Southern on 12/8/2022.]
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| Filing 52 LETTER addressed to Judge Alvin K. Hellerstein from Robert M. Rothman dated October 7, 2022 re: Response to Defendants' 10/7/2022 Letter Request to Stay Their Time to Respond to the Amended Complaint. Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico..(Rothman, Robert) [Transferred from New York Southern on 12/8/2022.] |
| Filing 51 LETTER addressed to Judge Alvin K. Hellerstein from Christopher E. Duffy dated October 7, 2022 re: Extension Request for Responding to Lead Plaintiffs' Amended Complaint. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Duffy, Christopher) [Transferred from New York Southern on 12/8/2022.] |
| Filing 50 PROPOSED ORDER. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst. Related Document Number: #47 ..(Duffy, Christopher) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 12/8/2022.] |
| Filing 49 DECLARATION of Brent Ratliff in Support re: #47 MOTION to Transfer Case / Notice of Defendants' Motion To Transfer Venue To The Northern District of Texas.. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Duffy, Christopher) [Transferred from New York Southern on 12/8/2022.] |
| Filing 48 MEMORANDUM OF LAW in Support re: #47 MOTION to Transfer Case / Notice of Defendants' Motion To Transfer Venue To The Northern District of Texas. . Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Duffy, Christopher) [Transferred from New York Southern on 12/8/2022.] |
| Filing 47 MOTION to Transfer Case / Notice of Defendants' Motion To Transfer Venue To The Northern District of Texas. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Matthew S. Ramsey, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Duffy, Christopher) [Transferred from New York Southern on 12/8/2022.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #50 Proposed Order was reviewed and approved as to form. (km) [Transferred from New York Southern on 12/8/2022.] |
| Filing 46 ELECTRONIC SUMMONS ISSUED as to Matthew S. Ramsey..(gp) [Transferred from New York Southern on 12/8/2022.] |
| Filing 45 REQUEST FOR ISSUANCE OF SUMMONS as to Matthew S. Ramsey, re: #44 Amended Complaint,. Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico..(Wyman, Debra) [Transferred from New York Southern on 12/8/2022.] |
| Filing 44 AMENDED COMPLAINT amending #1 Complaint, against Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Kelcy L. Warren, Bradford Dickerson Whitehurst, Matthew S. Ramsey with JURY DEMAND.Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - 12.16.2021 FERC Order and Report).(Wyman, Debra) [Transferred from New York Southern on 12/8/2022.] |
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Filing 43
ORDER FOR ADMISSION PRO HAC VICE OF DEBRA J. WYMAN granting #38 Motion for Debra J. Wyman to Appear Pro Hac Vice. The motion of Debra J. Wyman (Applicant) for admission to practice pro hac vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court of the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/16/22) (yv) [Transferred from New York Southern on 12/8/2022.]
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Filing 42
ORDER FOR ADMISSION PRO HAC VICE OF HEATHER G. GEIGER granting #39 MOTION for Heather G. Geiger to Appear Pro Hac Vice. The motion of Heather G. Geiger ("Applicant") for admission to practice pro hac vice in the above-captioned action is granted. (Signed by Judge Alvin K. Hellerstein on 9/16/2022) (jca) [Transferred from New York Southern on 12/8/2022.]
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Filing 41
MEMO ENDORSEMENT on re: #40 Letter Extension for Deadline for Service of Summons, filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico. ENDORSEMENT : SO ORDERED., ( Service due by 11/8/2022.) (Signed by Judge Alvin K. Hellerstein on 9/13/22) (yv) [Transferred from New York Southern on 12/8/2022.]
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| Filing 40 LETTER addressed to Judge Alvin K. Hellerstein from Robert M. Rothman dated 09/12/2022 re: Extension for Deadline for Service of Summons. Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico..(Rothman, Robert) [Transferred from New York Southern on 12/8/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Heather G. Geiger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26652793. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 12/8/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Debra J. Wyman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26652485. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 12/8/2022.] |
| Filing 39 MOTION for Heather G. Geiger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26652793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New Mexico State Investment Council. (Attachments: #1 Affidavit Declaration of Heather G. Geiger in Support of, #2 Exhibit A - Geiger Certificate of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice of Heather G. Geiger).(Geiger, Heather) [Transferred from New York Southern on 12/8/2022.] |
| Filing 38 MOTION for Debra J. Wyman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26652485. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New Mexico State Investment Council. (Attachments: #1 Affidavit Declaration of Debra J. Wyman in Support of, #2 Exhibit A - Wyman Certificate of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice of Debra J. Wyman).(Wyman, Debra) [Transferred from New York Southern on 12/8/2022.] |
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Filing 37
MEMO ENDORSED ORDER denying #33 Motion to Transfer Case. ENDORSEMENT: The motion is denied as premature, without prejudice to renewal after Plaintiffs filed their amended complaint. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/25/22) (yv) [Transferred from New York Southern on 12/8/2022.]
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #36 Proposed Order, was reviewed and approved as to form. (tp) [Transferred from New York Southern on 12/8/2022.] |
| Filing 36 PROPOSED ORDER. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Kelcy L. Warren, Bradford Dickerson Whitehurst. Related Document Number: #33 ..(Duffy, Christopher) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 12/8/2022.] |
| Filing 35 DECLARATION of Brent Ratliff in Support re: #33 MOTION to Transfer Case To The Northern District Of Texas.. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Duffy, Christopher) [Transferred from New York Southern on 12/8/2022.] |
| Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Transfer Case To The Northern District Of Texas. . Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Duffy, Christopher) [Transferred from New York Southern on 12/8/2022.] |
| Filing 33 MOTION to Transfer Case To The Northern District Of Texas. Document filed by Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Duffy, Christopher) [Transferred from New York Southern on 12/8/2022.] |
| Filing 32 NOTICE OF APPEARANCE by Christopher Emmanuel Duffy on behalf of Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Kelcy L. Warren, Bradford Dickerson Whitehurst..(Duffy, Christopher) [Transferred from New York Southern on 12/8/2022.] |
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Filing 31
MEMO ENDORSEMENT on re: #29 Letter Extension Deadline for Filing of Amended Complaint filed by New Mexico State Investment Council. ENDORSEMENT : The request is granted without prejudice to Defendant filing its motion to transfer. Plaintiff shall file its amended complaint by September 30, 2022. SO ORDERED., ( Amended Pleadings due by 9/30/2022.) (Signed by Judge Alvin K. Hellerstein on 8/22/22) (yv) [Transferred from New York Southern on 12/8/2022.]
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| Filing 30 NOTICE OF APPEARANCE by Robert M. Rothman on behalf of New Mexico State Investment Council, Public Employees Retirement Association of New Mexico..(Rothman, Robert) [Transferred from New York Southern on 12/8/2022.] |
| Filing 29 LETTER addressed to Judge Alvin K. Hellerstein from Robert M. Rothman dated 08/18/2022 re: Extension Deadline for Filing of Amended Complaint. Document filed by New Mexico State Investment Council..(Rothman, Robert) [Transferred from New York Southern on 12/8/2022.] |
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Filing 28
AMENDED ORDER APPOINTING LEAD PLAINTIFF AND COUNSEL. The New Mexico Funds's motion to appoint them as lead plaintiffs, and their counsel, Robbins Geller Rudman & Dowd LLP, as lead counsel is granted. The case shall proceed under the name In re Energy Transfer Securities Litigation. The New Mexico Funds shall file an amended complaint, conforming the caption, by August 22, 2022. Defendants shall answer or otherwise respond by September 15, 2022. The parties shall appear for an initial pre-trial conference on October 14, 2022, at 10:00 a.m. The Clerk of Court shall terminate the open motions (ECF Nos. 11, 15, 19, 23). SO ORDERED. (All Defendants.)( Amended Pleadings due by 8/22/2022., Initial Conference set for 10/14/2022 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/16/22) (yv) [Transferred from New York Southern on 12/8/2022.]
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Filing 27
ORDER terminating #11 Motion to Appoint ; terminating #15 Motion to Appoint ; terminating #19 Motion to Appoint Counsel ; terminating #19 Motion to Appoint ; granting #22 Motion to Appoint ; granting #22 Motion to Appoint Counsel. For the reasons stated above, the New Mexico Funds's motion to appoint them as lead plaintiffs, and their counsel, Robbins Geller Rudman & Dowd LLP, as lead counsel is granted. The case shall proceed under the name In re Energy Transfer Securities Litigation. The New Mexico Funds shall file an amended complaint, conforming the caption, by DATE. Defendants shall answer or otherwise respond by DATE. The parties shall appear for an initial pre-trial conference on DATE, at 10 a.m. The Clerk of Court shall terminate the open motions (ECF Nos. 11, 15, 19, 23). SO ORDERED.. (Signed by Judge Alvin K. Hellerstein on 8/10/2022) (ks) [Transferred from New York Southern on 12/8/2022.]
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| Filing 26 PROPOSED STIPULATION AND ORDER. Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico..(Rosenfeld, David) [Transferred from New York Southern on 12/8/2022.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order #18 Proposed Order #25 Proposed Order #20 Proposed Order was reviewed and approved as to form. (km) [Transferred from New York Southern on 12/8/2022.] |
| Filing 25 PROPOSED ORDER. Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico. Related Document Number: #22 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 12/8/2022.] |
| Filing 24 DECLARATION of David A. Rosenfeld in Support re: #22 MOTION to Appoint New Mexico State Investment Council and Public Employees Retirement Association of New Mexico to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico. (Attachments: #1 Exhibit 1 - PSLRA Notice, #2 Exhibit 2 - Certifications, #3 Exhibit 3 - Estimate of losses, #4 Exhibit 4 - Declaration of Brian McMath).(Rosenfeld, David) [Transferred from New York Southern on 12/8/2022.] |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint New Mexico State Investment Council and Public Employees Retirement Association of New Mexico to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico..(Rosenfeld, David) [Transferred from New York Southern on 12/8/2022.] |
| Filing 22 MOTION to Appoint New Mexico State Investment Council and Public Employees Retirement Association of New Mexico to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by New Mexico State Investment Council, Public Employees Retirement Association of New Mexico..(Rosenfeld, David) [Transferred from New York Southern on 12/8/2022.] |
| Filing 21 MEMORANDUM OF LAW in Support re: #19 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Josephine Dameyer to serve as lead plaintiff(s) . . Document filed by Josephine Dameyer. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Rosen Law Firm Resume).(Kim, Phillip) [Transferred from New York Southern on 12/8/2022.] |
| Filing 20 PROPOSED ORDER. Document filed by Josephine Dameyer. Related Document Number: #19 ..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 12/8/2022.] |
| Filing 19 MOTION to Appoint Counsel The Rosen Law Firm, P.A.., MOTION to Appoint Josephine Dameyer to serve as lead plaintiff(s) . Document filed by Josephine Dameyer..(Kim, Phillip) [Transferred from New York Southern on 12/8/2022.] |
| Filing 18 PROPOSED ORDER. Document filed by Mike Vega. Related Document Number: #15 ..(Farah, Andrea) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 12/8/2022.] |
| Filing 17 DECLARATION of Andrea Farah in Support re: #15 MOTION to Appoint Mike Vega to serve as lead plaintiff(s) .. Document filed by Mike Vega. (Attachments: #1 Exhibit Loss Chart, #2 Exhibit Press Release, #3 Exhibit PSLRA Certification, #4 Exhibit Firm Resume).(Farah, Andrea) [Transferred from New York Southern on 12/8/2022.] |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Appoint Mike Vega to serve as lead plaintiff(s) . . Document filed by Mike Vega..(Farah, Andrea) [Transferred from New York Southern on 12/8/2022.] |
| Filing 15 MOTION to Appoint Mike Vega to serve as lead plaintiff(s) . Document filed by Mike Vega..(Farah, Andrea) [Transferred from New York Southern on 12/8/2022.] |
| Filing 14 PROPOSED ORDER. Document filed by Police and Fire Retirement System of the City of Detroit. Related Document Number: #11 ..(Apton, Adam) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 12/8/2022.] |
| Filing 13 DECLARATION of Adam M. Apton in Support re: #11 MOTION to Appoint Police and Fire Retirement System of the City of Detroit to serve as lead plaintiff(s) .. Document filed by Police and Fire Retirement System of the City of Detroit. (Attachments: #1 Exhibit Certification, #2 Exhibit Loss Chart, #3 Exhibit Notice, #4 Exhibit Firm Resume).(Apton, Adam) [Transferred from New York Southern on 12/8/2022.] |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Appoint Police and Fire Retirement System of the City of Detroit to serve as lead plaintiff(s) . . Document filed by Police and Fire Retirement System of the City of Detroit..(Apton, Adam) [Transferred from New York Southern on 12/8/2022.] |
| Filing 11 MOTION to Appoint Police and Fire Retirement System of the City of Detroit to serve as lead plaintiff(s) . Document filed by Police and Fire Retirement System of the City of Detroit..(Apton, Adam) [Transferred from New York Southern on 12/8/2022.] |
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Filing 10
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to the Court's approval, as follows: 1. Defendant Whitehurst shall not be required to answer or otherwise respond to the Complaint, or any other complaint filed in this action, until after the appointment of a Lead Plaintiff and after Lead Plaintiff files an amended or consolidated complaint or designates an operative complaint. 2. Within fourteen days of the entry of an order appointing Lead Plaintiff and Lead Counsel, Lead Counsel and counsel for Defendant Whitehurst shall confer and submit to the Court a proposed schedule for filing of an amended complaint or designating the operative complaint, and for Defendant Whitehurst to answer or otherwise respond thereto. 3. Nothing herein shall be deemed to constitute a waiver of any rights, defenses, objections, or any other application to any court that a party may have with respect to the claims set forth in the Complaint. 4. For avoidance of doubt, this Stipulation is entered between Plaintiff Vega and Defendant Whitehurst only, and does not seek to modify any deadlines or obligations of the other Individual Defendants who are also named Defendants the above-captioned action. IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/25/22) (yv) [Transferred from New York Southern on 12/8/2022.]
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| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Bradford Dickerson Whitehurst..(Ritchie, Robert) [Transferred from New York Southern on 12/8/2022.] |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Bradford Dickerson Whitehurst served on 7/7/2022, answer due 7/28/2022. Service was accepted by Bradford Dickerson Whitehurst. Document filed by Mike Vega..(Farah, Andrea) [Transferred from New York Southern on 12/8/2022.] |
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Filing 7
JOINT STIPULATION REGARDING SERVICE AND ENERGY TRANSFER'S TIME TO RESPOND TO THE COMPLAINT. IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to the Court's approval, as follows: 1. Energy Transfer shall not be required to answer or otherwise respond to the Complaint, or any other complaint filed in this action, until after the appointment of a Lead Plaintiff and after Lead Plaintiff files an amended or consolidated complaint or designates an operative complaint. 2. Within fourteen days of the entry of an order appointing Lead Plaintiff and Lead Counsel, Lead Counsel and counsel for Energy Transfer shall confer and submit to the Court a proposed schedule for filing of an amended complaint or designating the operative complaint, and for Energy Transfer to answer or otherwise respond thereto. 3.Nothing herein shall be deemed to constitute a waiver of any rights, defenses,objections, or any other application to any court that a party may have with respect to the claims set forth in the Complaint. 4.For avoidance of doubt, this Stipulation is entered between Plaintiff Vega and Energy Transfer only, and does not seek to modify any deadlines or obligations of the Individual Defendants who are also named Defendants the above-captioned action. IT IS SO ORDERED: (Signed by Judge Alvin K. Hellerstein on 6/27/22) (yv) [Transferred from New York Southern on 12/8/2022.]
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| Filing 6 PROPOSED STIPULATION AND ORDER. Document filed by Energy Transfer LP..(Ritchie, Robert) [Transferred from New York Southern on 12/8/2022.] |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. Energy Transfer LP served on 6/8/2022, answer due 6/29/2022. Service was accepted by Lynanne Gares, Litigation Services Leader, Corporation Service Company. Document filed by Mike Vega..(Farah, Andrea) [Transferred from New York Southern on 12/8/2022.] |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Kelcy L. Warren, Bradford Dickerson Whitehurst..(lal) [Transferred from New York Southern on 12/8/2022.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Energy Transfer LP, Kelcy L. Warren, Thomas E. Long, Marshall S. McCrea III, Bradford Dickerson Whitehurst, John W. McReynolds, re: #1 Complaint,. Document filed by Mike Vega..(Farah, Andrea) [Transferred from New York Southern on 12/8/2022.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp) [Transferred from New York Southern on 12/8/2022.] |
| Magistrate Judge Jennifer Willis 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. (gp) [Transferred from New York Southern on 12/8/2022.] |
| Case Designated ECF. (gp) [Transferred from New York Southern on 12/8/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Farah, Andrea) [Transferred from New York Southern on 12/8/2022.] |
| Filing 1 COMPLAINT against Energy Transfer LP, Thomas E. Long, Marshall S. McCrea III, John W. McReynolds, Kelcy L. Warren, Bradford Dickerson Whitehurst. (Filing Fee $ 402.00, Receipt Number ANYSDC-26233952)Document filed by Mike Vega. (Attachments: #1 Exhibit Mike Vega's PSLRA Certification).(Farah, Andrea) [Transferred from New York Southern on 12/8/2022.] |
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