Peak et al v. Zion Oil & Gas Inc et al
| Texas Northern District Court | |
| Judge: | Brantley Starr |
| Case #: | 3:18-cv-02067 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:78m(a) Securities Exchange Act |
| Case Filed: | Aug 09, 2018 |
| Terminated: | Mar 30, 2020 |
| Last checked: Tuesday Feb 05, 2019 2:55 AM CST |
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Defendant
Victor G Carrillo
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Represented By
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Defendant
Michael B Croswell, Jr
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Represented By
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Defendant
Zion Oil & Gas Inc
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Represented By
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Movant
Riley Crumley
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Represented By
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Movant
George P Rambo
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Represented By
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Movant
Virginia Victoria Rideout
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Represented By
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Plaintiff
Cindy J Hurrelbrink Peak
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Represented By
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Plaintiff
Robert W Peak
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Represented By
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Plaintiff
Lawrence Davis
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Represented By
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| TERMINATED PARTIES | |
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Plaintiff
Melody Guy
Terminated: 01/22/2019
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Represented By
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Plaintiff
Dennis Robertson
Terminated: 01/22/2019
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Represented By
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GPO
Mar 03 2020
Memorandum Opinion and Order: For these reasons, the Court GRANTS IN PART the defendants' motion to dismiss. The Court DISMISSES WITHOUT PREJUDICE the lead plaintiffs' Securities Act claims due to lack of standing. And the Court DISMISSES WITHOUT PREJUDICE the lead plaintiffs' Exchange Act claims for failure to comply with the pertinent pleading standards. The lead plaintiffs must refile their complaint within 28 days of the issuance of this order. Additionally, the Court DENIES the motion to strike any material this order references. To the extent such materials are not referenced in this order, the Court DENIES WITHOUT PREJUDICE the motion to strike. Finally, the Court construes the request for oral argument as a motion for leave to file a sur-reply and GRANTS it. (Ordered by Judge Brantley Starr on 3/3/2020) (ndt) |
| 1. | Pawar Law Group Announces a Securities Class Action Lawsuit Against Zion Oil & Gas, Inc. - ZN (marketwatch.com) |
| Submitted Wed 08/22/2018 | |
| Docket last updated: 11/25/2024 11:59 PM CST |
| Monday, March 30, 2020 | ||
| 49 | 49
notice
Notice (Other)
Mon 03/30 11:35 AM
NOTICE of Dismissal filed by Lawrence Davis, Melody Guy, Dennis Robertson (Jafri, Omar) |
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utility
Terminate Civil Case (Optional)
Tue 03/31 2:25 PM
Civil Case Terminated per49 Notice of Dismissal. (ndt) |
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| Tuesday, March 03, 2020 | ||
| 48 | 48
14
pgs
order
Memorandum Opinion and Order
Wed 03/04 11:51 AM
Memorandum Opinion and Order: For these reasons, the Court GRANTS IN PART the defendants' motion to dismiss. The Court DISMISSES WITHOUT PREJUDICE the lead plaintiffs' Securities Act claims due to lack of standing. And the Court DISMISSES WITHOUT PREJUDICE the lead plaintiffs' Exchange Act claims for failure to comply with the pertinent pleading standards. The lead plaintiffs must refile their complaint within 28 days of the issuance of this order. Additionally, the Court DENIES the motion to strike any material this order references. To the extent such materials are not referenced in this order, the Court DENIES WITHOUT PREJUDICE the motion to strike. Finally, the Court construes the request for oral argument as a motion for leave to file a sur-reply and GRANTS it. (Ordered by Judge Brantley Starr on 3/3/2020) (ndt) |
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| Tuesday, September 03, 2019 | ||
| 47 | 47
6
pgs
order
Order Reassigning Case
Tue 09/03 4:06 PM
Special Order 3-333: Effective September 3, 2019, the cases listed on Exhibit A to this order are transferred to Judge Brantley Starr's docket and shall henceforth be designated by the suffix letter X. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/27/2019) (cea) |
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| Thursday, June 27, 2019 | ||
| 46 | 46
respm
Reply
Thu 06/27 5:11 PM
REPLY filed by Lawrence Davis, Melody Guy, Dennis Robertson re:45 Response/Objection (Jafri, Omar) |
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| Monday, June 24, 2019 | ||
| 45 | 45
respm
Response/Objection
Mon 06/24 8:56 AM
RESPONSE filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc re:44 Notice (Other) (Pulliam, Jessica) |
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| Monday, June 10, 2019 | ||
| 44 | 44
notice
Notice (Other)
Mon 06/10 4:26 PM
NOTICE of Request for Oral Argument re:32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint filed by Lawrence Davis, Melody Guy, Dennis Robertson (Jafri, Omar) |
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| Wednesday, May 29, 2019 | ||
| 43 | 43
respm
Reply
Wed 05/29 7:50 PM
REPLY filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc re:32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint (Pulliam, Jessica) |
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| Tuesday, May 28, 2019 | ||
| 42 | 42
respm
Reply
Tue 05/28 11:01 PM
REPLY filed by Lawrence Davis, Melody Guy, Dennis Robertson re:39 MOTION to Strike34 Appendix in Support, of Defendants' Motion to Dismiss (Jafri, Omar) |
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| Tuesday, May 14, 2019 | ||
| 41 | 41
respm
Response/Objection
Tue 05/14 6:50 PM
RESPONSE filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc re:39 MOTION to Strike34 Appendix in Support, of Defendants' Motion to Dismiss (Pulliam, Jessica) |
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| Monday, April 29, 2019 | ||
| 40 | 40
respm
Brief/Memorandum In Support
Mon 04/29 7:47 PM
Brief/Memorandum in Support filed by Lawrence Davis, Melody Guy, Dennis Robertson re39 MOTION to Strike34 Appendix in Support, of Defendants' Motion to Dismiss (Jafri, Omar) |
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| 39 | 39
motion
Strike
Mon 04/29 7:46 PM
MOTION to Strike34 Appendix in Support, of Defendants' Motion to Dismiss filed by Lawrence Davis, Melody Guy, Dennis Robertson (Jafri, Omar) |
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| 38 | 38
respm
Appendix in Support
Mon 04/29 7:37 PM
Appendix in Support filed by Lawrence Davis, Melody Guy, Dennis Robertson re37 Response/Objection to Defendants' Motion to Dismiss (Jafri, Omar) |
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Att: 1
Exhibit(s) A-G
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| 37 | 37
respm
Response/Objection
Mon 04/29 7:30 PM
RESPONSE filed by Lawrence Davis, Melody Guy, Dennis Robertson re:32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint (Jafri, Omar) |
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| Wednesday, April 24, 2019 | ||
| 36 | 36
order
Order on Motion for Leave to File
Wed 04/24 2:43 PM
ELECTRONIC ORDER granting35 Motion for Leave to File. Accordingly, Plaintiffs may file a response to Defendants' motion to dismiss that is no longer than 35 pages in length. From this point, the court expects the parties to brief in such a matter to stay within the page limitations. (Ordered by Judge Sam A Lindsay on 4/24/2019) (chmb) |
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| Tuesday, April 23, 2019 | ||
| 35 | 35
motion
Leave to File
Tue 04/23 4:06 PM
Unopposed MOTION for Leave to File Extension of Page Limits filed by Lawrence Davis, Melody Guy, Dennis RobertsonAttorney Omar Jafri added to party Lawrence Davis(pty:pla) (Jafri, Omar) |
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Att: 1
Proposed Order
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| Wednesday, March 13, 2019 | ||
| 34 | 34
respm
Appendix in Support
Wed 03/13 6:58 PM
Appendix in Support filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc re32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint ,33 Brief/Memorandum in Support of Motion (Pulliam, Jessica) |
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Att: 1
Exhibit(s) 1-29
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| 33 | 33
respm
Brief/Memorandum In Support
Wed 03/13 6:54 PM
Brief/Memorandum in Support filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc re32 MOTION to Dismiss Plaintiffs' Corrected Amended Complaint (Pulliam, Jessica) |
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| 32 | 32
motion
Dismiss
Wed 03/13 6:52 PM
MOTION to Dismiss Plaintiffs' Corrected Amended Complaint filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc (Pulliam, Jessica) |
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Att: 1
Proposed Order
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| Wednesday, March 06, 2019 | ||
| 31 | 31
order
Order on Motion for Miscellaneous Relief
Wed 03/06 1:28 PM
ELECTRONIC ORDER granting30 Motion for Extension of Page Limits. Accordingly, Defendants may file a consolidated brief in support of their anticipated motion to dismiss that is no longer than 35 pages in length. (Ordered by Judge Sam A Lindsay on 3/6/2019) (chmb) |
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| Tuesday, March 05, 2019 | ||
| 30 | 30
motion
Miscellaneous Relief
Tue 03/05 4:23 PM
MOTION for Extension of Page Limits (Unopposed) filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc (Pulliam, Jessica) |
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Att: 1
Proposed Order
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| Friday, February 01, 2019 | ||
| 29 | 29
order
Order on Application for Admission Pro Hac Vice
Fri 02/01 4:16 PM
ELECTRONIC ORDER granting28 Application for Admission Pro Hac Vice of Omar Jafri. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 2/1/2019) (chmb) |
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| 28 | 28
motion
Admission Pro Hac Vice
Fri 02/01 1:16 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9750734) filed by Melody Guy, Dennis RobertsonAttorney Omar Jafri added to party Melody Guy(pty:pla), Attorney Omar Jafri added to party Dennis Robertson(pty:pla) (Jafri, Omar) |
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Att: 1
Exhibit(s) Certificate of Good Standing
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| Thursday, January 31, 2019 | ||
| 27 | 27
cmp
Amended Complaint
Thu 01/31 8:06 PM
AMENDED COMPLAINT WITH JURY DEMAND CORRECTED AMENDED COMPLAINT against Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc filed by Dennis Robertson, Melody Guy, Lawrence Davis. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dahlstrom, Patrick) |
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Att: 1
Exhibit(s) A
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| Tuesday, January 29, 2019 | ||
| 26 | 26
order
Order on Application for Admission Pro Hac Vice
Tue 01/29 1:22 PM
ELECTRONIC ORDER granting25 Application for Admission Pro Hac Vice of Patrick Dahlstrom. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 1/29/2019) (chmb) |
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| 25 | 25
motion
Admission Pro Hac Vice
Tue 01/29 1:15 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9741064) filed by Melody Guy, Dennis RobertsonAttorney Patrick Dahlstrom added to party Melody Guy(pty:pla), Attorney Patrick Dahlstrom added to party Dennis Robertson(pty:pla) (Dahlstrom, Patrick) |
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Att: 1
Exhibit(s) Certificate of Good Standing
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| Tuesday, January 22, 2019 | ||
| 24 | 24
cmp
Amended Complaint
Tue 01/22 10:53 PM
AMENDED COMPLAINT WITH JURY DEMAND against Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc filed by Robert W Peak, Cindy J Hurrelbrink Peak, Lawrence Davis. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Carino, Michele) |
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| Friday, December 14, 2018 | ||
| 23 | 23
order
Order on Application for Admission Pro Hac Vice
Fri 12/14 9:54 AM
ELECTRONIC ORDER granting22 Application for Admission Pro Hac Vice of Michele S. Carino. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 12/14/2018) (chmb) |
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| Thursday, December 13, 2018 | ||
| 22 | 22
motion
Admission Pro Hac Vice
Thu 12/13 12:28 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9644212) filed by Melody Guy, Dennis Robertson Attorney Michele S Carino added to party Melody Guy(pty:pla), Attorney Michele S Carino added to party Dennis Robertson(pty:pla) (Carino, Michele) |
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| Monday, December 03, 2018 | ||
| 21 | 21
2
pgs
order
Order Setting Deadline/Hearing
Mon 12/03 2:20 PM
SCHEDULING ORDER granting20 MOTION Setting a Schedule for Filing of a Consolidated Complaint and Motion to Dismiss. Lead Plaintiff shall file and serve a Consolidated Complaint by 1/22/2019. Defendants shall answer or otherwise respond to the Consolidated Complaint on or before 3/13/2019. Lead Plaintiffs shall file their opposition to Defendants motion to dismiss, if any, on or before 4/29/2019. Defendants shall file a reply, if any, on or before 5/29/2019. (Ordered by Judge Sam A Lindsay on 12/3/2018) (ykp) |
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| Friday, November 30, 2018 | ||
| 20 | 20
motion
Miscellaneous Relief
Fri 11/30 4:48 PM
MOTION Setting a Schedule for Filing of a Consolidated Complaint and Motion to Dismiss (Joint) filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc (Pulliam, Jessica) |
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Att: 1
Proposed Order
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| Friday, November 16, 2018 | ||
| 19 | 19
3
pgs
order
Order on Motion to Appoint Counsel Order on Motion for Miscellaneous Relief
Fri 11/16 4:11 PM
ORDER finding as moot9 Motion to Appoint Counsel; granting13 Motion of Dennis Robertson and Melody Guy for Appointment as Lead Plaintiffs and Approval of Lead Counsel. (Ordered by Judge Sam A Lindsay on 11/16/2018) (epm) |
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| 18 | 18
order
Order on Motion to Appoint Counsel
Fri 11/16 9:25 AM
ELECTRONIC ORDER denying as moot10 Motion to Appoint Counsel in light of the 10/30/18 notice withdrawing this motion. (Ordered by Judge Sam A Lindsay on 11/16/2018) (chmb) |
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| Tuesday, October 30, 2018 | ||
| 17 | 17
notice
Notice (Other)
Tue 10/30 11:45 AM
NOTICE of WITHDRAWAL OF re:10 MOTION to Appoint Counsel and for Appointment as Lead Plaintiffs and Approval of Lead Plaintiffs' Selection of Counsel filed by Riley Crumley (Gresham, R) |
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| Monday, October 29, 2018 | ||
| 16 | 16
notice
Notice (Other)
Mon 10/29 7:55 PM
NOTICE of NON-OPPOSITION OF GEORGE P. RAMBO TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by George P Rambo (McKey, Jamie) |
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| Tuesday, October 09, 2018 | ||
| 15 | 15
respm
Appendix in Support
Tue 10/09 10:49 PM
Appendix in Support filed by Melody Guy, Dennis Robertson re13 MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel (Briscoe, Willie) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D,
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Att: 5
Exhibit(s) E
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| 14 | 14
respm
Brief/Memorandum In Support
Tue 10/09 10:42 PM
Brief/Memorandum in Support filed by Melody Guy, Dennis Robertson re13 MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel (Briscoe, Willie) |
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| 13 | 13
motion
Miscellaneous Relief
Tue 10/09 10:39 PM
MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel filed by Dennis Robertson, Melody Guy (Briscoe, Willie) |
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Att: 1
Proposed Order
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| 12 | 12
respm
Appendix in Support
Tue 10/09 6:27 PM
Appendix in Support filed by George P Rambo re9 MOTION to Appoint Counsel and Memorandum of Law in Support (Kendall, Joe) |
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Att: 1
Exhibit(s) 1-5
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| 11 | 11
respm
Brief/Memorandum In Support
Tue 10/09 6:27 PM
Brief/Memorandum in Support filed by Riley Crumley, Virginia Victoria Rideout re10 MOTION to Appoint Counsel and for Appointment as Lead Plaintiffs and Approval of Lead Plaintiffs' Selection of Counsel (Gresham, R) |
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Att: 1
Exhibit(s)
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| 10 | 10
motion
Appoint Counsel
Tue 10/09 6:25 PM
MOTION to Appoint Counsel and for Appointment as Lead Plaintiffs and Approval of Lead Plaintiffs' Selection of Counsel filed by Riley Crumley, Virginia Victoria Rideout. Party Riley Crumley and Virginia Victoria Rideout added.Attorney R Dean Gresham added to party Riley Crumley(pty:mov), Attorney R Dean Gresham added to party Virginia Victoria Rideout(pty:mov) (Gresham, R) |
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| 9 | 9
motion
Appoint Counsel
Tue 10/09 6:23 PM
MOTION to Appoint Counsel and Memorandum of Law in Support filed by George P Rambo with Brief/Memorandum in Support.. Party George P. Rambo added. (Kendall, Joe) |
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Att: 1
Proposed Order
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| Wednesday, September 12, 2018 | ||
| 8 | 8
1
pgs
order
Order on Motion for Extension of Time to File Answer
Thu 09/13 2:25 PM
ORDER granting7 Motion for Extension of Time to File Answer. Accordingly, the deadline for Defendants to Answer or otherwise respond to Plaintiff's Complaint is extended until fourteen (14) days after the court appoints the lead plaintiff in this action; and Defendants and lead plaintiff, within fourteen (14) days of being selected, shall propose to this court a schedule by which Defendants must respond, including a briefing schedule on any anticipated motion to dismiss. (Ordered by Judge Sam A Lindsay on 9/12/2018) (epm) |
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| 7 | 7
motion
Extension of Time to File Answer
Wed 09/12 1:30 PM
Agreed Motion for Extension of Time to File Answer filed by Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas IncAttorney Jessica B Pulliam added to party Victor G Carrillo(pty:dft), Attorney Jessica B Pulliam added to party Michael B Croswell, Jr(pty:dft), Attorney Jessica B Pulliam added to party Zion Oil & Gas Inc(pty:dft) (Pulliam, Jessica) |
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Att: 1
Proposed Order
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| Wednesday, September 05, 2018 | ||
| 6 | 6
service
Summons Returned
Wed 09/05 10:18 AM
SUMMONS Returned Executed as to All Defendants. (Briscoe, Willie) |
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Att: 1
Additional Page(s),
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Att: 2
Additional Page(s)
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| Wednesday, August 15, 2018 | ||
| 5 | 5
service
Summons Issued
Wed 08/15 10:42 AM
Summons Issued as to Victor G Carrillo, Michael B Croswell, Jr, Zion Oil & Gas Inc. (zkc) |
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| 4 | 4
misc
Request for Clerk to Issue Document
Wed 08/15 9:28 AM
Request for Clerk to issue Summons filed by Cindy J Hurrelbrink Peak, Robert W Peak. (Briscoe, Willie) |
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Att: 1
Additional Page(s) Summons for Victor C. Carrillo,
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Att: 2
Additional Page(s) Summons for Michael B. Croswell, Jr.
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| Thursday, August 09, 2018 | ||
| 3 | 3
qcref
Lindsay
Thu 08/09 9:51 AM
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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (zkc) |
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| 2 | 2
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 08/09 9:40 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cindy Hurrelbrink Peak, Robert W. Peak. (Briscoe, Willie) |
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| 1 | 1
cmp
Complaint
Thu 08/09 9:29 AM
COMPLAINT WITH JURY DEMAND against All Defendants filed by Cindy Hurrelbrink Peak, Robert W. Peak. (Filing fee $400; Receipt number 0539-9371350) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK: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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Briscoe, Willie) |
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Att: 1
Exhibit(s) Certification of Plaintiffs,
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Att: 2
Cover Sheet Civil Cover Sheet
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