Austin Capital Management, Ltd. v. The Board of Trustees of the Texas Iron Workers' Pension Fund et al
| Austin Capital Management, Ltd., GP Corp., Charles W. Riley, Brent A. Martin, James P. Owen, Montgomery Green, Kyle McDaniel and Jay W. Van Ert |
| The Board of Trustees of the Texas Iron Workers' Pension Fund and The Texas Iron Workers' Pension Fund |
| 1:2009cv00351 |
| May 1, 2009 |
| US District Court for the Western District of Texas |
| Austin Office |
| Travis |
| Lee Yeakel |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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This docket was last retrieved on August 27, 2009. A more recent docket listing may be available from PACER.
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| Filing 42 Letter/Correspondence from Clerk of Southern District of New York confirming receipt of MDL transfer case on 8/21/09. (mc2, ) |
| Filing 41 Letter/Correspondence to the Southern District of New York re transfer of case re MDL. (mc2, ) |
| Filing 40 Certified copy of MDL Panel ORDER renaming litigation. (mc2, ) |
| Filing 39 Certified copy of MDL Panel ORDER transferring case to Southern District of New York for inclusion in MDL No. 2075; S.D. N.Y. No. 09 CV 7135.. (mc2, ) |
Filing 38
ORDER GRANTING #37 Motion for Extension of Time to File Response. Signed by Judge Lee Yeakel. (mc2, )
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| Filing 37 MOTION for Extension of Time to File Response/Reply as to #36 Report and Recommendations, by Austin Capital Management, Ltd., GP Corp., Charles W. Riley, Brent A. Martin, James P. Owen, Montgomery Green, Kyle McDaniel, Jay W. Van Ert. (Ritts, Geoffrey) |
| Filing 36 REPORT AND RECOMMENDATIONS re #6 MOTION to Compel MOTION to Dismiss filed by The Texas Iron Workers' Pension Fund, The Board of Trustees of the Texas Iron Workers' Pension Fund, #32 Reurged MOTION to Dismiss for Lack of Jurisdiction and to Compel Arbitration filed by The Texas Iron Workers' Pension Fund, The Board of Trustees of the Texas Iron Workers' Pension Fund. Signed by Judge Robert Pitman. (mc2, ) |
| Motions No Longer Referred: #6 MOTION to Compel MOTION to Dismiss, #32 Reurged MOTION to Dismiss for Lack of Jurisdiction and to Compel Arbitration (mc2, ) |
| Filing 35 REPLY to Response to Motion, filed by The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund, re #32 Reurged MOTION to Dismiss for Lack of Jurisdiction and to Compel Arbitration filed by Defendant The Texas Iron Workers' Pension Fund, Defendant The Board of Trustees of the Texas Iron Workers' Pension Fund to Compel Arbitration and Dismiss (Attachments: #1 Exhibit 1 - May 12, 2009 Letter)(Love, R.) |
| Filing 34 Response in Opposition to Motion, filed by Austin Capital Management, Ltd., GP Corp., Charles W. Riley, Brent A. Martin, James P. Owen, Montgomery Green, Kyle McDaniel, Jay W. Van Ert, re #32 Reurged MOTION to Dismiss for Lack of Jurisdiction and to Compel Arbitration filed by Defendant The Texas Iron Workers' Pension Fund, Defendant The Board of Trustees of the Texas Iron Workers' Pension Fund (Attachments: #1 Proposed Order)(Ritts, Geoffrey) |
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Filing 33
ORDER REFERRING MOTION: #32 Reurged MOTION to Dismiss for Lack of Jurisdiction and to Compel Arbitration filed by The Texas Iron Workers' Pension Fund, The Board of Trustees of the Texas Iron Workers' Pension Fund. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Robert Pitman. (mc2, )
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| Filing 32 Reurged MOTION to Dismiss for Lack of Jurisdiction and to Compel Arbitration by The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Love, R.) |
| Filing 31 REPLY to Response to Motion, filed by The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund, re #6 MOTION to Compel MOTION to Dismiss filed by Defendant The Texas Iron Workers' Pension Fund, Defendant The Board of Trustees of the Texas Iron Workers' Pension Fund (Love, R.) |
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Filing 30
ORDER REFERRING MOTION: #6 MOTION to Compel MOTION to Dismiss filed by The Texas Iron Workers' Pension Fund, The Board of Trustees of the Texas Iron Workers' Pension Fund. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Robert Pitman. (mc2, )
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| Filing 29 ATTACHMENT CORRECTED to #27 Response in Opposition to Motion, by Austin Capital Management, Ltd., GP Corp., Charles W. Riley, Brent A. Martin, James P. Owen, Montgomery Green, Kyle McDaniel, Jay W. Van Ert. (Temple, Mark) |
| Filing 28 DEFICIENCY NOTICE: re #27 Response in Opposition to Motion, (mc2, ) |
| Notice of Correction: re #27 Response in Opposition to Motion. This electronic submission has been modified to add the additional plaintiffs who were added by the Amended Complaint that was electronically rather than traditionally filed. No further action is required. (mc2, ) |
| Notice of Correction: re #24 Amended Complaint. This electronic filing reflects that new parties are being added as plaintiffs. In accordance with the Administrative Policies and Procedures on Electronic Filing, Western District of Texas, this document should have been filed traditionally rather than electronically. We will make the necessary additions to add parties/filers to the accurately reflect the official clerk's record. No further action is required. Please note this information for future filings. (mc2, ) |
| Filing 27 Response in Opposition to Motion, filed by Austin Capital Management, Ltd., GP Corp., Montgomery Green, Brent Martin, Kyle McDaniel, James Owen, Charles Riley, Jay Van Ert, re #6 MOTION to Compel MOTION to Dismiss filed by Defendant The Texas Iron Workers' Pension Fund, Defendant The Board of Trustees of the Texas Iron Workers' Pension Fund (Attachments: #1 Exhibit A, #2 Appendix 1)(Temple, Mark) Modified on 6/8/2009 to add filers and and text (mc2, ). |
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Filing 26
ORDER GRANTING #18 Motion to Appear Pro Hac Vice as to Geoffrey Ritts. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (mc2, )
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Filing 25
ORDER GRANTING #11 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (mc2, )
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| Filing 24 AMENDED COMPLAINT, amending Complaint #1 against The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund amending, filed by Austin Capital Management, Ltd., GP Corp., Montgomery Green, Brent Martin, Kyle McDaniel, James Owen, Charles Riley, Jay Van Ert. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Temple, Mark) Modified on 6/8/2009 to add filers and add text (mc2, ). |
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Filing 23
ORDER GRANTING #17 Motion for Leave to File Excess Pages; GRANTING #17 Motion for Extension of Time to File Response to defendants' combined motion to compel arbitration. Signed by Judge Lee Yeakel. (mc2, )
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Filing 22
ORDER GRANTING #13 Motion to Appear Pro Hac Vice as to R. Richard Love. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (mc2, )
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Filing 21
ORDER GRANTING #16 Motion to Appear Pro Hac Vice as to Louis Chaiten. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (mc2, )
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Filing 20
ORDER GRANTING #15 Motion to Appear Pro Hac Vice as to Richard Bedell. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (mc2, )
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Filing 19
ORDER GRANTING #14 Motion to Appear Pro Hac Vice as to Peter Hilbert. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (mc2, )
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| Filing 18 MOTION to Appear Pro Hac Vice by Geoffrey J. Ritts ( fee $ 25 receipt number 100002463) on behalf of Austin Capital Management, Ltd.. (mc2, ) |
| Filing 17 Unopposed MOTION for Leave to Exceed Page Limitation for Responses Under Local Rule CV-7(D), Unopposed MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Compel MOTION to Dismiss by Austin Capital Management, Ltd.. (Attachments: #1 Proposed Order)(Temple, Mark) |
| Filing 16 MOTION to Appear Pro Hac Vice by Louis A. Chaiten (fee $ 25 receipt number 100002436) on behalf of Austin Capital Management, Ltd.. (mc2, ) |
| Filing 15 MOTION to Appear Pro Hac Vice by Richard J. Bedell (fee $ 25 receipt number 100002435) on behalf of Austin Capital Management, Ltd.. (mc2, ) |
| Filing 14 MOTION to Appear Pro Hac Vice by Peter G. Hilbert ( fee $ 25 receipt number 100002437) on behalf of Austin Capital Management, Ltd.. (mc2, ) |
| Filing 13 MOTION to Appear Pro Hac Vice by R. Richard Love, III ( Filing fee $ 25 receipt number 100002418) by on behalf of The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund. (mc2, ) Modified on 6/8/2009 to correct attorney's last name (mc2, ). |
| Filing 12 ATTACHMENT Certificate of Conference to #6 MOTION to Compel MOTION to Dismiss by The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund. (Selwyn, Douglas) |
| Filing 11 Unopposed MOTION for Leave to Exceed Page Limitation by The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund. (Attachments: #1 Proposed Order)(Selwyn, Douglas) |
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Filing 10
ORDER DISMISSING #7 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (mc2, )
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| Filing 9 Letters to Bedell, Ritts, Chaiten and Hilbert re: non-admitted status. (klw, ) |
| Filing 8 ATTACHMENT Order Compelling Arbitration and Dismissing All Claims to #6 MOTION to Compel MOTION to Dismiss by The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund. (Selwyn, Douglas) |
| Filing 7 MOTION for Leave to Exceed Page Limitation Under Local Rule CV-7(c) by The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund. (Attachments: #1 Proposed Order Order Granting Defendants Leave to Exceed Page Limit)(Selwyn, Douglas) |
| Filing 6 Defendants' Special Appearance, MOTION to Compel Arbitration, and MOTION to Dismiss and Memorandum of Law in Support by The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund. (Exhibits not available electronically.) (mc2, ) |
| Notice of Correction: re #6 MOTION to Compel, MOTION to Dismiss. Per telephone discussion with Mr. Selwyn's office, they will submit a motion for leave to exceed page limit for this document, as well as proposed orders for this document and the motion for leave to exceed page limit. (mc2, ) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Austin Capital Management, Ltd. as to The Texas Iron Workers' Pension Fund. Waiver sent on 5/6/2009, answer due 7/5/2009. (Temple, Mark) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Austin Capital Management, Ltd. as to The Board of Trustees of the Texas Iron Workers' Pension Fund. Waiver sent on 5/6/2009, answer due 7/5/2009. (Temple, Mark) |
| Filing 3 Summons Issued as to The Board of Trustees of the Texas Iron Workers' Pension Fund, The Texas Iron Workers' Pension Fund. (mc2, ) |
| Filing 2 Summons Issued as to The Board of Trustees of the Texas Iron Workers' Pension Fund. (klw, ) |
| Filing 1 COMPLAINT ( Filing fee $ 350 receipt number 100002133), filed by Austin Capital Management, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet /Receipt)(klw, ) |
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