Scura et al v. Heppner et al
| David Scura and Clifford Day |
| Brad K. Heppner, Jon R. Sabes, Steven F. Sabes, Peter T. Cangany, Richard W. Fisher, Thomas O. Hicks, Dennis P. Lockhart, Bruce W. Schnitzer, The Beneficient Company Group L.P., Foxo Technologies Inc., Emerson Equity LLC, Brad K Heppner, Jon R Sabes, Steven F Sabes, Peter T Cangany, Richard W Fisher, Thomas O Hicks, Dennis P Lockhart, Bruce W Schnitzer, The Beneficient Company Group LP and Foxo Technologies Inc |
| Xiaoling Xu, Thomas Horton, Frank Moore and FMuller LLC |
| 3:2023cv00680 |
| March 30, 2023 |
| U.S. District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Brantley Starr |
| Other Statutes: Securities/Commodities/Exchange |
| 15 U.S.C. § 77 Securities |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 REPLY filed by Thomas Horton, Frank Moore re: #16 MOTION of Thomas Horton and Frank Moore to Defer Ruling on Appointment of Lead Plaintiff or, in the alternative, for Appointment as Lead Plaintiff and Approval of their Selection of Lead Counsel (Girard, Daniel) |
| Civil Case Terminated per #23 Notice of Voluntary Dismissal. (ndt) |
| Filing 23 NOTICE of Dismissal filed by Clifford Day, David Scura (Federman, William) |
| Filing 22 Certificate Regarding Judge-Specific Requirements. (Cox, Spencer) |
Filing 21
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 6/8/2023) (rekc) Modified on 6/8/2023 (rekc).
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| Filing 20 Court Request for Recusal: Senior Judge Sidney A Fitzwater recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Brantley Starr for all further proceedings. Future filings should indicate the case number as: 3:23-cv-0680-X. (frw) |
| Filing 19 Brief/Memorandum in Support filed by FMuller LLC re #18 MOTION of FMuller LLC for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel on Behalf of Purchasers of GWG Preferred Stock (Attachments: #1 Declaration(s) - Exhibits A - D) (Kendall, Joe) |
| Filing 18 MOTION of FMuller LLC for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel on Behalf of Purchasers of GWG Preferred Stock filed by FMuller LLC (Attachments: #1 Proposed Order). Party FMuller LLC added.Attorney Joe Kendall added to party FMuller LLC(pty:mov) (Kendall, Joe) |
| Filing 17 Appendix in Support filed by Thomas Horton, Frank Moore re #16 MOTION of Thomas Horton and Frank Moore to Defer Ruling on Appointment of Lead Plaintiff or, in the alternative, for Appointment as Lead Plaintiff and Approval of their Selection of Lead Counsel (Cox, Spencer) |
| Filing 16 MOTION of Thomas Horton and Frank Moore to Defer Ruling on Appointment of Lead Plaintiff or, in the alternative, for Appointment as Lead Plaintiff and Approval of their Selection of Lead Counsel filed by Thomas Horton, Frank Moore (Attachments: #1 Memorandum of Law in Support, #2 Proposed Order) (Cox, Spencer) |
| Filing 15 NOTICE of Attorney Appearance by Spencer Morgan Lee Cox on behalf of Thomas Horton, Frank Moore. (Filer confirms contact info in ECF is current.). Party Thomas Horton and Frank Moore added. (Cox, Spencer) |
| Filing 14 NOTICE of Attorney Appearance by Stuart L Cochran on behalf of Xiaoling Xu. (Filer confirms contact info in ECF is current.) (Cochran, Stuart) |
| Filing 13 Brief/Memorandum in Support filed by Xiaoling Xu re #12 Notice (Other) (Attachments: #1 Exhibit(s) Appendix with Exhibits) (Cochran, Stuart) |
| Filing 12 NOTICE of Motion and Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Counsel filed by Xiaoling Xu (Attachments: #1 Proposed Order). Party Xiaoling Xu added. (Cochran, Stuart) |
| Filing 11 MOTION to Appoint Counsel and Motion of David Scura and Clifford Day for Appointment as Lead Plaintiffs filed by Clifford Day, David Scura with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix) (Federman, William) |
| Filing 10 Motion and Motion of David Scura and Clifford Day for Appointment as Lead Plaintiffs and Approval of Lead Counsel filed by Clifford Day, David Scura (Federman, William) Modified docket event and text on 6/5/2023 (ykp). |
| Filing 9 NOTICE of Attorney Appearance by Garth Spencer on behalf of Clifford Day, David Scura. (Filer confirms contact info in ECF is current.) (Spencer, Garth) |
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Filing 8
ELECTRONIC ORDER granting #6 Application for Admission Pro Hac Vice of Joseph D. Cohen. 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 Senior Judge Sidney A Fitzwater on 5/5/2023) (Senior Judge Sidney A Fitzwater)
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Filing 7
ELECTRONIC ORDER granting #5 Application for Admission Pro Hac Vice of Garth A. Spencer. 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 Senior Judge Sidney A Fitzwater on 5/5/2023) (Senior Judge Sidney A Fitzwater)
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| Filing 6 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13718059) filed by Clifford Day, David Scura (Attachments: #1 Additional Page(s) Addendum to Application, #2 Exhibit(s) Certificate of Good Standing, #3 Proposed Order of Admission) (Cohen, Joseph) |
| Filing 5 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number BTXNDC-13717952) filed by Clifford Day, David Scura (Attachments: #1 Additional Page(s) Addendum, #2 Exhibit(s) Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice)Attorney Garth Spencer added to party Clifford Day(pty:pla), Attorney Garth Spencer added to party David Scura(pty:pla) (Spencer, Garth) |
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Filing 4
ORDER: The court is advised by the clerk of court that Joseph D. Cohen, Esquire ("Counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, within 14 days of the date of this order, Counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (Ordered by Senior Judge Sidney A Fitzwater on 5/1/2023) (oyh)
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| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (axm) |
| Filing 2 NOTICE of Attorney Appearance by William B Federman on behalf of Clifford Day, David Scura. (Filer confirms contact info in ECF is current.) (Federman, William) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Clifford Day, David Scura. (Filing fee $402; Receipt number ATXNDC-13629022) 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 and # Judge Specific 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 Cover Sheet Cover Sheet) (Federman, William) |
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