Mullins v. AZZ, Inc. et al
| Logan Mullins and Oklahoma Law Enforcement Retirement System |
| AZZ, Inc., Thomas E. Ferguson and Paul W. Fehlman |
| Avner Davidian and IBEW Local 353 Pension Plan |
| 4:2018cv00025 |
| January 11, 2018 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| Anderson |
| Terry R Means |
| Other Statutes: Securities/Commodities/Exchange |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 39
FINAL JUDGMENT: In accordance with the October 8, 2018 Notice of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)1 filed by lead plaintiff, IBEW Local 353 Pension Plan,2 and Federal Rule of Civil Procedure 58, all claims are hereby DISMISSED WITHOUT PREJUDICE to their refiling. All costs of Court under 28 U.S.C. 1920 shall be borne as agreed by the parties, or, if no agreement has been reached, by the party incurring them. (Ordered by Senior Judge Terry R Means on 1/16/2019) (edm)
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| Filing 38 NOTICE of Dismissal Notice of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1) filed by IBEW Local 353 Pension Plan (Myers, Danielle) |
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Filing 37
ORDER MODIFYING BRIEFING SCHEDULE AND VACATING ORDER: Lead Plaintiff may file any amended complaint on or before October 8, 2018. Defendants shall answer, move, or otherwise respond to any amended complaint on or before November 26, 2018. Lead Plaintiff may file its oppositions to any motions in response to any amended complaint on or before January 7, 2019. Defendant may file their replies in support of any motions in response to any amended complaint on or before February 6, 2019. The Court's August 10 Order to Submit Joint Status Report and Proposed Discovery Plan (doc. #35 ) is VACATED. (Ordered by Senior Judge Terry R Means on 9/12/2018) (bdb)
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| Filing 36 Joint STIPULATION and [Proposed] Order to Modify Briefing Schedule by IBEW Local 353 Pension Plan. (Myers, Danielle) |
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Filing 35
***VACATED PER #37 ORDER*** ORDER TO SUBMIT JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN: The parties are ordered to electronically file with the clerk of the Court the signed joint status report and proposed discovery plan (one instrument) within 28 days of the date of the filing of this order. (see order) (Ordered by Senior Judge Terry R Means on 8/10/2018) (tln) Modified on 9/13/2018 (bdb).
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Filing 34
ORDER ON MOTIONS TO APPOINT LEAD PLAINTIFF AND APPROVE COUNSEL: Pending before the Court is the Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel (doc. #13 ), which was filed by IBEW Local 353 Pension Plan ("the Plan"). Also pending before the Court is a similar motion filed by the Oklahoma Law Enforcement Retirement System ("OLERS") (doc. #21 ). After review of both motions, the related briefs, and the applicable law, the Court concludes that the Plan's motion should be granted, and OLERS motion should be denied. (see order for specifics) (Ordered by Senior Judge Terry R Means on 8/9/2018) (edm)
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| Filing 33 NOTICE of Change of Address for Attorney Jamie Jean McKey on behalf of Logan Mullins. (Filer confirms contact info in ECF is current.) (McKey, Jamie) |
| Filing 32 NOTICE of Change of Address for Attorney Joe Kendall on behalf of Logan Mullins. (Filer confirms contact info in ECF is current.) (Kendall, Joe) |
| Filing 31 NOTICE of Supplemental Authority re: #13 MOTION to Appoint Counsel and Appoint Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel filed by IBEW Local 353 Pension Plan (Attachments: #1 Exhibit(s)) (Kendall, Joe) |
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Filing 30
ORDER FOR ADMISSION PRO HAC VICE granting #20 Application for Admission Pro Hac Vice of Danielle S. Myers. If not already done, Applicant must register as an ECF User no later than 5/26/2018. See LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Terry R Means on 4/25/2018) (bdb)
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Filing 29
ORDER FOR ADMISSION PRO HAC VICE granting #25 Application for Admission Pro Hac Vice of Juan Carlos Sanchez. If not already done, Applicant must register as an ECF User no later than 5/26/2018. See LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Terry R Means on 4/25/2018) (bdb)
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| Filing 28 Appendix in Support filed by IBEW Local 353 Pension Plan re #27 Reply (Attachments: #1 Exhibit(s) 1) (Kendall, Joe) |
| Filing 27 REPLY filed by IBEW Local 353 Pension Plan re: #13 MOTION to Appoint Counsel and Appoint Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel (Kendall, Joe) |
| Filing 26 Brief/Memorandum in Support filed by Oklahoma Law Enforcement Retirement System re #21 MOTION Appointment as Lead Plaintiff and Approval of Counsel re #12 MOTION (Crawford, Trey) |
| Filing 25 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Juan Carlos Sanchez (Filing fee $25; Receipt number 0539-9111735) filed by IBEW Local 353 Pension Plan (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 24 RESPONSE AND OBJECTION filed by Oklahoma Law Enforcement Retirement System re: #13 MOTION to Appoint Counsel and Appoint Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel (Attachments: #1 Exhibit(s) Appendix to Memo of Law in Opposition to Competing Motion) (Crawford, Trey) |
| Filing 23 RESPONSE AND OBJECTION filed by IBEW Local 353 Pension Plan re: #21 MOTION Appointment as Lead Plaintiff and Approval of Counsel re #12 MOTION (Kendall, Joe) |
| Filing 22 Brief/Memorandum in Support filed by Oklahoma Law Enforcement Retirement System re #21 MOTION Appointment as Lead Plaintiff and Approval of Counsel (Attachments: #1 Exhibit(s) Appendix to Memo of Law in Support of Motion for Appointment as Lead Plaintiff) (Crawford, Trey) |
| Filing 21 MOTION Appointment as Lead Plaintiff and Approval of Counsel filed by Oklahoma Law Enforcement Retirement System. (Crawford, Trey) |
| Filing 20 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9076408) filed by IBEW Local 353 Pension Plan (Attachments: #1 Proposed Order) (Myers, Danielle) |
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Filing 19
Order Unfiling #12 Motion for Appointment as Lead Plaintiff and Approval of Counsel, #15 Brief/Memorandum in Support of Motion, filed by Oklahoma Law Enforcement Retirement System, due to the following deficiency: The motion or response must include documentary or non-documentary evidence in a separate appendix. See LR 7.1(i) or LR 56.6. Additional copies are required. See LR 5.1(b) or LCrR 49.2(b). See also LR 7.1(i)(4) (regarding pagination of appendix); 7.2(e) (regarding citations in brief to particular pages of appendix); and Judge Means's specific requirements II(B) (regarding appendices), available at http://www.txnd.uscourts.gov/judges/tmeans_req.html. (Ordered by Senior Judge Terry R Means on 3/21/2018) (tln)
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| Filing 18 NOTICE of Change of Address for Attorney Elizabeth L Yingling on behalf of AZZ, Inc., Paul W. Fehlman, Thomas E. Ferguson. (Filer confirms contact info in ECF is current.) (Yingling, Elizabeth) |
| Filing 17 NOTICE of Withdrawal of Lead Plaintiff Motion of Avner Davidian re: #10 MOTION for Appointment of Lead Plaintiff and Lead Counsel filed by Avner Davidian (Gresham, R) |
| Filing 16 Appendix in Support filed by IBEW Local 353 Pension Plan re #13 MOTION to Appoint Counsel and Appoint Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E) (Kendall, Joe) |
| Filing 15 ***UNFILED PER #19 ORDER***Brief/Memorandum in Support filed by Oklahoma Law Enforcement Retirement System re #12 Notice (Other) of Motion for Appointment of Lead Plaintiff and Approval of Counsel (Attachments: #1 Declaration(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) (Crawford, Trey) Modified text on 3/21/2018 (tln). |
| Filing 14 Brief/Memorandum in Support filed by IBEW Local 353 Pension Plan re #13 MOTION to Appoint Counsel and Appoint Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel (Kendall, Joe) |
| Filing 13 MOTION to Appoint Counsel and Appoint Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel filed by IBEW Local 353 Pension Plan (Attachments: #1 Proposed Order). Party IBEW Local 353 Pension Plan added.Attorney Joe Kendall added to party IBEW Local 353 Pension Plan(pty:mov) (Kendall, Joe) |
| Filing 12 ***UNFILED PER #19 ORDER***Motion for Appointment as Lead Plaintiff and Approval of Counsel filed by Oklahoma Law Enforcement Retirement System. Party Oklahoma Law Enforcement Retirement System added. (Crawford, Trey) Modified text on 3/21/2018 (tln). |
| Filing 11 Brief/Memorandum in Support filed by Avner Davidian re #10 MOTION for Appointment of Lead Plaintiff and Lead Counsel (Attachments: #1 Cover Sheet Appendix, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5) (Gresham, R) |
| Filing 10 MOTION for Appointment of Lead Plaintiff and Lead Counsel filed by Avner Davidian (Attachments: #1 Proposed Order)Attorney R Dean Gresham added to party Avner Davidian(pty:mov) (Gresham, R) |
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Filing 9
ORDER GRANTING MOTION FOR EXTENSION OF TIME: On this day came to be considered Defendants Unopposed Motion for Extension of Time for Defendants to File Their Answer Or Otherwise Move In Response to Plaintiffs Class Action Complaint (doc. #6 ). After considering the motion, this Court concludes that it should be and hereby is GRANTED. It is, therefore, ORDERED that Defendants may file their answers or other responses to Plaintiffs Class Action Complaint up to, and including, forty-five (45) days after the appointment of lead plaintiff and lead counsel. (Ordered by Senior Judge Terry R Means on 2/15/2018) (edm)
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| Filing 8 NOTICE of Attorney Appearance by Eugenie Rogers on behalf of AZZ, Inc., Paul W. Fehlman, Thomas E. Ferguson. (Filer confirms contact info in ECF is current.) (Rogers, Eugenie) |
| Filing 7 NOTICE of Attorney Appearance by Elizabeth L Yingling on behalf of AZZ, Inc., Paul W. Fehlman, Thomas E. Ferguson. (Filer confirms contact info in ECF is current.) (Yingling, Elizabeth) |
| Filing 6 Unopposed Motion for Extension of Time to File Answer or Otherwise Move in Response to Plaintiff's Class Action Complaint filed by AZZ, Inc., Paul W. Fehlman, Thomas E. Ferguson (Attachments: #1 Proposed Order)Attorney Kimberly F Rich added to party AZZ, Inc.(pty:dft), Attorney Kimberly F Rich added to party Paul W. Fehlman(pty:dft), Attorney Kimberly F Rich added to party Thomas E. Ferguson(pty:dft) (Rich, Kimberly) |
| Filing 5 WAIVER OF SERVICE Returned Executed as to Paul W. Fehlman. Waiver sent on 1/11/2018. (McKey, Jamie) |
| Filing 4 WAIVER OF SERVICE Returned Executed as to Thomas E. Ferguson. Waiver sent on 1/11/2018. (McKey, Jamie) |
| Filing 3 WAIVER OF SERVICE Returned Executed as to AZZ, Inc.. Waiver sent on 1/19/2018. (McKey, Jamie) |
| Filing 2 New Case Notes: A filing fee has been paid. File to: Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (edm) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Logan Mullins. (Filing fee $400; Receipt number 0539-8913121) 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 Affidavit(s) Plaintiff's Certification of Securities Fraud Class Action Complaint, #2 Cover Sheet) (Kendall, Joe) |
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