BENDER et al v. VERTEX ENERGY, INC. et al
| ERIC BENDER, NADER MISRI and Eric C Bender |
| VERTEX ENERGY, INC., BENJAMIN P COWART, CHRIS CARLSON and Benjamin Cowart |
| Guillermo Marti, Frank J. Zeman and William C. Passmore |
| 4:2023cv02145 |
| June 12, 2023 |
| US District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 31
ORDER entered: Order re: status conference held on 8/1/23, the parties are DIRECTED to submit supplemental briefs regarding any venue issues on or before by 8/18/2023. Responses to supplemental briefs should be submitted on or before 8/25/2023. The pending motions for consolidation & for appointment of lead plaintiff & lead counsel are SET for oral argument, via video conference, on 9/19/2023 at 10:00 AM CST before District Judge Terry F. Moorer. The Clerk is DIRECTED to provide all parties with instructions to access the video conference. Signed by District Judge Terry F. Moorer on 8/1/23. Conference instructions have been provided to all counsel of record by email. Parties notified.(leddins, 4) (leddins, 4). Modified on 8/3/2023 (leddins, 4).
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Filing 30
RESPONSE in Opposition to #13 MOTION to Intervene, filed by Eric C Bender, Nader Misri. (Attachments: #1 Proposed Order Proposed Order)(Cochran, Stuart)
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The IPTC set for 8/25/23 begore Jude Rosenthal is terminated. The case is being heard by Judge Moorer in conjunction with the related cases in AL. There is a scheduled hearing before him on 8/1/23. (leddins, 4)
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Filing 29
ORDER entered: In light of the pendingmotions and the need to manage the timelines and expectations for all parties involved, the above matters are SET for a status conference via video teleconference on August 1, 2023 at 1:30 p.m.CST. Counsel for all movants and parties are directed to attend and should be prepared to discuss timelines for pending consolidation, lead plaintiff, and lead counsel motions. Link to be provided.(Signed by Judge Terry F. Moorer) Parties notified.(leddins, 4)
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Filing 28
RESPONSE to #9 MOTION to Intervene MOTION to Stay Proceedings filed by Eric C Bender, Nader Misri. (Attachments: #1 Proposed Order Proposed Order)(Cochran, Stuart)
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Filing 27
ORAL ORDER : As Passmore is the first filed case, the issue of consolidation and related appointments of lead plaintiffs and lead counsel are hereby REFERRED to United States District Judge Terry F. Moorer, Southern District of Alabama, for resolution. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 26
NOTICE of Appearance by J. Alexander Hood II on behalf of Guillermo Marti, Frank J. Zeman, filed. (Hood, Joseph)
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Filing 25
ORDER granting #24 Motion for Phillip Kim to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Lee H Rosenthal) Parties notified.(GabrielleLyons, 4)
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Filing 24
MOTION for Phillip Kim to Appear Pro Hac Vice by Eric C Bender, Nader Misri, filed. Motion Docket Date 8/2/2023. (Cochran, Stuart)
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Filing 23
REPLY in Support of #3 MOTION Notice of Motion & Motion for Eric Bender and Nader Misri for Appointment as Co-Lead Plaintiffs & Approval of Co-Lead Plaintiffs' Counsel, filed by Eric C Bender, Nader Misri. (Attachments: #1 Appendix filed in Support w Exhibit)(Cochran, Stuart)
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Filing 22
ORDER granting #18 Motion for Ashwin J. Ram to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Lee H Rosenthal) Parties notified.(GabrielleLyons, 4)
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Filing 21
ORDER granting #17 Motion for Evan M. Goldstick to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Lee H Rosenthal) Parties notified.(GabrielleLyons, 4)
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Filing 20
ORDER granting #16 Motion for Elizabeth Cassady to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Lee H Rosenthal) Parties notified.(GabrielleLyons, 4)
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Filing 19
Joint MOTION for Entry of Order re: All Parties Regarding Service, Scheduling, and Pleading by Chris Carlson, Benjamin Cowart, Vertex Energy, Inc., filed. Motion Docket Date 7/26/2023. (Byron, John)
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Filing 18
MOTION for Ashwin J. Ram to Appear Pro Hac Vice by Chris Carlson, Benjamin Cowart, Vertex Energy, Inc., filed. Motion Docket Date 7/26/2023. (Ram, Ashwin)
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Filing 17
MOTION for Evan M. Goldstick to Appear Pro Hac Vice by Chris Carlson, Benjamin Cowart, Vertex Energy, Inc., filed. Motion Docket Date 7/26/2023. (Goldstick, Evan)
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Filing 16
MOTION for Elizabeth Cassady to Appear Pro Hac Vice by Chris Carlson, Benjamin Cowart, Vertex Energy, Inc., filed. Motion Docket Date 7/26/2023. (Cassady, Elizabeth)
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Filing 15
NOTICE of Appearance by John Byron on behalf of Chris Carlson, Benjamin Cowart, Vertex Energy, Inc., filed. (Byron, John)
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Filing 14
DECLARATION of Joe Kendall re: #13 MOTION to Intervene, filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kendall, Joe)
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Filing 13
MOTION to Intervene by William C. Passmore, filed. Motion Docket Date 7/24/2023. (Attachments: #1 Proposed Order)(Kendall, Joe)
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Filing 12
DECLARATION of Jeremy A. Lieberman re: #11 Brief,, filed. (Attachments: #1 Exhibit A - Screenshots of the Website, #2 Exhibit B - Complaint from the Website)(Lieberman, Jeremy)
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Filing 11
BRIEF in Opposition Memorandum of Law of Guillermo Marti and Frank J. Zeman in Opposition to the Motion of Eric Bender and Nader Misri for Appointment as Lead Plaintiffs and Approval of Lead Counsel re: #3 MOTION Notice of Motion & Motion for Eric Bender and Nader Misri for Appointment as Co-Lead Plaintiffs & Approval of Co-Lead Plaintiffs' Counsel by Guillermo Marti, Frank J. Zeman, filed. (Attachments: #1 Proposed Order)(Lieberman, Jeremy)
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Filing 10
MOTION Memorandum of Law in Opposition to Competing Lead Plaintiff Motions by Eric C Bender, Nader Misri, filed. Motion Docket Date 7/21/2023. (Cochran, Stuart)
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Filing 9
MOTION to Intervene( Motion Docket Date 7/20/2023.), MOTION to Stay Proceedings by Guillermo Marti, Frank J. Zeman, filed. (Attachments: #1 Proposed Order)(Lieberman, Jeremy)
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Filing 8
RETURN of Service of SUMMONS Executed as to Vertex Energy, Inc. served on 6/20/2023, answer due 7/11/2023, filed.(Cochran, Stuart)
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Filing 7
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 8/25/2023 at 11:20 AM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified.(RebeccaBecknal, 4)
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Filing 6
NOTICE of Appearance by Stuart L. Cochran on behalf of Eric C Bender, Nader Misri, filed. (Cochran, Stuart)
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Filing 5
Summons Issued as to CHRIS CARLSON, BENJAMIN P COWART, VERTEX ENERGY, INC., Issued summons delivered to plaintiff by NEF, filed.(MayraMarquez, 4)
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Filing 4
MEMORANDUM of Law in Support re: #3 MOTION Notice of Motion & Motion for Eric Bender and Nader Misri for Appointment as Co-Lead Plaintiffs & Approval of Co-Lead Plaintiffs' Counsel by ERIC BENDER, NADER MISRI, filed. (Attachments: #1 Appendix Appendix filed in Support)(Cochran, Stuart)
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Filing 3
MOTION Notice of Motion & Motion for Eric Bender and Nader Misri for Appointment as Co-Lead Plaintiffs & Approval of Co-Lead Plaintiffs' Counsel by ERIC BENDER, NADER MISRI, filed. Motion Docket Date 7/3/2023. (Attachments: #1 Proposed Order)(Cochran, Stuart)
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Filing 2
Request for Issuance of Summons as to All Plaintiffs, filed.(Cochran, Stuart)
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Filing 1
COMPLAINT against CHRIS CARLSON, BENJAMIN P COWART, VERTEX ENERGY, INC. (Filing fee $ 402 receipt number ATXSDC-30055862) filed by ERIC BENDER, NADER MISRI. (Attachments: #1 Civil Cover Sheet)(Cochran, Stuart)
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