U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:14-cv-02368

Transcription

1 US District Court Civil Docket as of April 26, 2016 Retrieved from the court on April 26, 2016 U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:14-cv Cady v. Key Energy Services, Inc. et al Assigned to: Judge Melinda Harmon Cause: 15:78m(a) Securities Exchange Act Plaintiff Sean Cady Individually and on Behalf of All Other Persons Similarly Situated Date Filed: 08/15/2014 Date Terminated: 04/26/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Joe Kendall Kendall Law Group, LLP 3232 McKinney Ave Ste 700 Dallas, TX Laurence M Rosen The Rosen Law Firm, P.A. 275 Madison Ave 34th Floor New York, NY Fax: lrosen@rosenlegal.com Phillip Kim The Rosen Law Firm, P.A. 275 Madison Ave 34th Floor New York, NY pkim@rosenlegal.com R. Dean Gresham GRESHAM pc 2911 Turtle Creek Blvd Ste 1400 Dallas, TX (469)

2 Fax: (469) Plaintiff Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters represented by Daniel J Mirarchi Spector Roseman Kodroff et al 1818 Market St Ste 2500 Philadelphia, PA dmirarchi@srkw-law.com Jamie J McKey Kendall Law Group LLP 3232 McKinney Ave Ste 700 Dallas, TX jmckey@kendalllawgroup.com Joe Kendall Mark S Willis Spector Roseman Kodroff & Willis PC 1101 Pennsylvania Ave NW Suite 600 Washington, DC mwillis@srkw-law.com PRO HAC VICE V. Consol Plaintiff Ian W. Davidson represented by Joe Kendall V. Key Energy Services, Inc. represented by David D Sterling Baker Botts LLP 910 Louisiana

3 Ste 3601 Houston, TX Thomas Francis Hetherington Edison McDowell Hetherington LLP 1001 Fannin Street Ste 2700 Houston, TX Fax: Alana Kalish Pulaski Edison McDowell Hetherington LLP 3200 Southwest Fwy Ste 2100 Houston, TX Fax: Richard J Alario represented by David D Sterling Thomas Francis Hetherington Alana Kalish Pulaski J. Marshall Dodson represented by David D Sterling

4 Thomas Francis Hetherington Alana Kalish Pulaski Taylor M Wichard, III Newton W Wilson, III Movant Ka Tim Chan represented by Gerard G Pecht Fulbright and Jaworski 1301 McKinney Ste 5100 Houston, TX Fax: gpecht@fulbright.com represented by David D Sterling represented by Phillip Kim R. Dean Gresham Movant Binh Trinh represented by Sammy Ford, IV Ahmad Zavitsanos Anaipakos Alavi & Mensing PC 1221 McKinney Street, Suite 2500 Houston, TX

5 Fax: Date Filed # Docket Text 08/15/ COMPLAINT against All s (Filing fee $ 400 receipt number ) filed by Sean Cady. (Attachments: # 1 Exhibit Certification, # 2 Civil Cover Sheet)(Gresham, Ronald) (Entered: 08/15/2014) 08/15/ CERTIFICATE OF INTERESTED PARTIES by Sean Cady, filed.(gresham, Ronald) (Entered: 08/15/2014) 08/15/ Request for Issuance of Summons as to All s, filed. (Attachments: # 1 Summons, # 2 Summons)(Gresham, Ronald) (Entered: 08/15/2014) 08/18/ ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/5/2014 at 10:45 AM in Room 3716 before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(ltien, 4) (Entered: 08/18/2014) 08/20/2014 Summons Issued as to Richard J Alario, J. Marshall Dodson, Key Energy Services, Inc.. Issued summons returned to plaintiff by: First-class mail.(ltien, 4) (Entered: 08/20/2014) 08/26/ MOTION for Laurence Rosen to Appear Pro Hac Vice by Sean Cady, filed. Motion Docket Date 9/16/2014. (Gresham, Ronald) (Entered: 08/26/2014) 08/26/ MOTION for Phillip Kim to Appear Pro Hac Vice by Sean Cady, filed. Motion Docket Date 9/16/2014. (Gresham, Ronald) (Entered: 08/26/2014) 08/27/ ORDER granting 6 Motion for Phillip Kim to Appear Pro Hac Vice (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4) (Entered: 08/27/2014) 08/27/ ORDER granting 5 Motion for Laurence Rosen to Appear Pro Hac Vice (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4) (Entered: 08/27/2014) 08/28/ NOTICE of Related Case by Key Energy Services, Inc., filed. (Hetherington, Thomas) (Entered: 08/28/2014) 08/28/ Joint MOTION for Extension of Time to File Responsive Pleading by Richard J Alario, J. Marshall Dodson, Key Energy Services, Inc., filed. Motion Docket Date 9/18/2014. (Attachments: # 1 Proposed Order)(Pulaski, Alana) (Entered: 08/28/2014) 08/29/ ORDER granting 10 Joint Motion for Extension of Time to File Responsive Pleading. s' deadline to file a responsive pleading shallbe enlarged to sixty (60) days after the consolidation of this matter with Civil Action No. 4:14-cv-2403.(Signed by Judge Keith P Ellison) Parties notified.(rsmith, 4) (Entered: 08/29/2014) 09/08/ CERTIFICATE OF INTERESTED PARTIES by Richard J Alario, J. Marshall Dodson, Key Energy Services, Inc., filed.(pulaski, Alana) (Entered: 09/08/2014) 09/26/ NOTICE of Appearance by David D. Sterling on behalf of Richard J Alario, J. Marshall Dodson, Key Energy Services, Inc., filed. (Sterling, David) (Entered: 09/26/2014) 10/07/ Unopposed MOTION for Thomas F.A. Hetherington, Alana K. Pulaski, and Andrew R.

6 Kasner to Withdraw as Attorney by Richard J Alario, J. Marshall Dodson, Key Energy Services, Inc., filed. Motion Docket Date 10/28/2014. (Attachments: # 1 Proposed Order)(Pulaski, Alana) (Entered: 10/07/2014) 10/07/ ORDER granting 14 Motion to Withdraw as Attorney. Attorney Thomas Francis Hetherington, Alana Kalish Pulaski and Andrew R. Kasner terminated.(signed by Judge Keith P Ellison) Parties notified.(rsmith, 4) (Entered: 10/07/2014) 10/14/ MOTION to Consolidate Lead Case No. 4:14-cv-2368 and Member Case No. 4:14-cv- 2403, MOTION for Appointment of Lead Plaintiff and Counsel( Motion Docket Date 11/4/2014.) by Ka Tim Chan, filed. (Attachments: # 1 Proposed Order)(Gresham, Ronald) (Entered: 10/14/2014) 10/14/ MEMORANDUM re: 16 MOTION to Consolidate Lead Case No. 4:14-cv-2368 and Member Case No. 4:14-cv-2403 MOTION for Appointment of Lead Plaintiff and Counsel by Ka Tim Chan, filed. (Attachments: # 1 Declaration of R. Dean Gresham, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Gresham, Ronald) (Entered: 10/14/2014) 10/14/ MOTION for Appointment of Lead Plaintiff by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters, filed. Motion Docket Date 11/4/2014. (Attachments: # 1 Continuation Memorandum of Law in Support, # 2 Exhibit Declaration of Robert Roseman, # 3 Proposed Order)(McKey, Jamie) (Entered: 10/14/2014) 10/14/ MOTION for Appointment of Lead Plaintiff by Binh Trinh, filed. Motion Docket Date 11/4/2014. (Attachments: # 1 Proposed Order)(Ford, Sammy) (Entered: 10/14/2014) 10/14/ BRIEF in Support re: 19 MOTION for Appointment of Lead Plaintiff by Binh Trinh, filed. (Attachments: # 1 Exhibit Declaration of Sammy Ford, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Ford, Sammy) (Entered: 10/14/2014) 10/31/ RESPONSE to 19 MOTION for Appointment of Lead Plaintiff, 18 MOTION for Appointment of Lead Plaintiff filed by Ka Tim Chan. (Kim, Phillip) (Entered: 10/31/2014) 11/04/ RESPONSE to 16 MOTION to Consolidate Lead Case No. 4:14-cv-2368 and Member Case No. 4:14-cv-2403 MOTION for Appointment of Lead Plaintiff and Counsel, 19 MOTION for Appointment of Lead Plaintiff, 18 MOTION for Appointment of Lead Plaintiff filed by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters. (Kendall, Joe) (Entered: 11/04/2014) 11/14/ REPLY in Support of 18 MOTION for Appointment of Lead Plaintiff, filed by Inter- Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters. (Kendall, Joe) (Entered: 11/14/2014) 11/14/ PROPOSED ORDER re: 22 Response to Motion, 23 Reply in Support of Motion, filed.(kendall, Joe) (Entered: 11/14/2014) 11/17/ NOTICE of Setting as to 16 MOTION to Consolidate Lead Case No. 4:14-cv-2368 and Member Case No. 4:14-cv-2403 MOTION for Appointment of Lead Plaintiff and Counsel, 19 MOTION for Appointment of Lead Plaintiff, 18 MOTION for Appointment of Lead Plaintiff. Parties notified. Motion Hearing set for 12/4/2014 at 12:00 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe, 4) (Entered: 11/17/2014)

7 11/22/ Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4) (Entered: 11/22/2014) 11/25/ NOTICE of Resetting as to 26 Notice Regarding Initial Conference. Parties notified. Initial Conference set for 12/17/2014 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe, 4) (Entered: 11/25/2014) 11/25/ NOTICE of Non-Opposition by Binh Trinh, filed. (Ford, Sammy) (Entered: 11/25/2014) 12/01/ MOTION for Mark S. Willis to Appear Pro Hac Vice by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters, filed. Motion Docket Date 12/22/2014. (sclement, 4) (Entered: 12/02/2014) 12/01/ MOTION for Daniel J. Mirarchi to Appear Pro Hac Vice by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters, filed. Motion Docket Date 12/22/2014. (sguevara, 4) (Entered: 12/02/2014) 12/04/2014 Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 12/4/2014. Motions signed. Appearances:(Law Clerk: Renata Strause) Danny David. David D Sterling, Daniel J Mirarchi, Joe Kendall, Sammy Ford, IV.(Court Reporter: Malone), filed.(sloewe, 4) (Entered: 12/04/2014) 12/04/ ORDER TO CONSOLIDATE CASES: Lead Case No. 4:14-cv-2368 and Member Case No. 4:14-cv-2403; granting 16 MOTION to Consolidate Lead Case No. 4:14-cv-2368 and Member Case No. 4:14-cv (Signed by Judge Keith P Ellison) Parties notified.(glyons, 4) (Entered: 12/04/2014) 12/05/ ORDER granting 29 Motion for Mark Willis to Appear Pro Hac Vice. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4) (Entered: 12/08/2014) 12/05/ ORDER granting 30 Motion for Daniel Mirarchi to Appear Pro Hac Vice. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4) (Entered: 12/08/2014) 12/11/ ORDER: granting Inter-Local Pension Fund be appointed as Lead Plaintiff in this class action and approve the counsel it has retained to be Lead Counsel for the Class(Signed by Judge Keith P Ellison) Parties notified.(cfelchak, 4) (Entered: 12/12/2014) 12/15/ STIPULATION re: Filing Consolidated Complaint and Briefing Schedule on Motion to Dismiss by Sean Cady, Ian W. Davidson, filed.(kendall, Joe) (Entered: 12/15/2014) 01/06/ CORPORATE DISCLOSURE STATEMENT by Key Energy Services, Inc., filed.(sterling, David) (Entered: 01/06/2015) 02/13/ AMENDED COMPLAINT with Jury Demand against All s filed by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters.(Kendall, Joe) (Entered: 02/13/2015) 03/12/ NOTICE of Appearance by Gerard G. Pecht on behalf of Taylor M Wichard, III, filed. (Pecht, Gerard) (Entered: 03/12/2015) 03/12/ CERTIFICATE OF INTERESTED PARTIES by Taylor M Wichard, III, filed.(pecht, Gerard) (Entered: 03/12/2015) 03/13/ RECUSAL ORDER. Judge Keith P Ellison recused. Deadlines in scheduling orders subsist. Court settings are vacated.(signed by Judge Keith P Ellison) Parties notified.(sloewe, 4) (Entered: 03/13/2015)

8 03/13/ CERTIFICATE OF INTERESTED PARTIES by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters, filed.(kendall, Joe) (Entered: 03/13/2015) 03/17/ NOTICE of Reassignment. Case reassigned to Judge David Hittner. Judge Keith P Ellison no longer assigned to the case. Parties notified, filed. (hcarr, 4) (Entered: 03/17/2015) 03/19/ RECUSAL ORDER. Judge David Hittner recused. Deadlines in scheduling orders subsist. Court settings are vacated.(signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/19/2015) 03/24/ NOTICE of Reassignment. Case reassigned to Judge Sim Lake. Judge David Hittner no longer assigned to the case. Parties notified, filed. (hcarr, 4) (Entered: 03/24/2015) 03/30/ ORDER OF RECUSAL. Judge Sim Lake recused. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4) (Entered: 03/30/2015) 03/30/ NOTICE of Reassignment. Case reassigned to Judge Nancy F. Atlas. Parties notified, filed. (aboyd, 4) (Entered: 03/30/2015) 03/30/ RECUSAL ORDER. Judge Nancy F. Atlas recused. Deadlines in scheduling orders subsist. Court settings are vacated.(signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 03/30/2015) 03/31/ NOTICE of Reassignment. Case reassigned to Judge Melinda Harmon. Judge Nancy F. Atlas no longer assigned to the case. Parties notified, filed. (dhansen, 4) (Entered: 03/31/2015) 04/14/ MOTION to Dismiss 37 Amended Complaint/Counterclaim/Crossclaim etc. by Richard J Alario, J. Marshall Dodson, Key Energy Services, Inc., Newton W Wilson, III, filed. Motion Docket Date 5/5/2015. (Attachments: # 1 Affidavit Declaration of Amy Pharr Hefley, # 2 Exhibit 1-21, # 3 Exhibit 22-24, # 4 Exhibit 25, part 1, # 5 Exhibit 25, part 2, # 6 Proposed Order on s' Motion to Dismiss)(Sterling, David) (Entered: 04/14/2015) 04/14/ MOTION to Dismiss 37 Amended Complaint/Counterclaim/Crossclaim etc. by Taylor M Wichard, III, filed. Motion Docket Date 5/5/2015. (Attachments: # 1 Affidavit Declaration of Gerard G. Pecht, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Proposed Order Proposed Order)(Pecht, Gerard) (Entered: 04/14/2015) 06/12/ RESPONSE in Opposition to 50 MOTION to Dismiss 37 Amended Complaint/Counterclaim/Crossclaim etc., 49 MOTION to Dismiss 37 Amended Complaint/Counterclaim/Crossclaim etc., filed by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters. (Attachments: # 1 Affidavit Declaration of Daniel J. Mirarchi, # 2 Exhibit Exhibits A-F to Declaration of Daniel J. Mirarchi, # 3 Supplement Certificate of Service, # 4 Proposed Order Proposed Order)(Kendall, Joe) (Entered: 06/12/2015) 07/22/ REPLY in Support of 50 MOTION to Dismiss 37 Amended Complaint/Counterclaim/Crossclaim etc., filed by Taylor M Wichard, III. (Pecht, Gerard) (Entered: 07/22/2015) 07/22/ REPLY in Support of 49 MOTION to Dismiss 37 Amended Complaint/Counterclaim/Crossclaim etc., filed by Richard J Alario, J. Marshall Dodson, Key Energy Services, Inc., Newton W Wilson, III. (Sterling, David) (Entered:

9 07/22/2015) 08/07/ NOTICE of Supplemental Authority re: 49 MOTION to Dismiss 37 Amended Complaint/Counterclaim/Crossclaim etc. by Richard J Alario, J. Marshall Dodson, Key Energy Services, Inc., Newton W Wilson, III, filed. (Attachments: # 1 Exhibit A)(Sterling, David) (Entered: 08/07/2015) 08/19/ RESPONSE to 54 Notice (Other),, filed by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters. (Kendall, Joe) (Entered: 08/19/2015) 09/01/ JOINDER in 54 Notice (Other),, filed by Taylor M Wichard, III. (Pecht, Gerard) (Entered: 09/01/2015) 09/15/ RESPONSE to 56 Joinder, filed by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters. (Kendall, Joe) (Entered: 09/15/2015) 03/31/ OPINION AND ORDER granting 50 MOTION to Dismiss 37 Amended Complaint/Counterclaim/Crossclaim etc., 49 MOTION to Dismiss 37 Amended Complaint/Counterclaim/Crossclaim etc. The Court further grants leave to Lead Plaintiff to file within 20 days a Second Consolidated Amended Complaint that satisfies the heightened pleading requirements of Rule 9(b) and the PSLRA or to inform the Court that it no longer wishes to proceed with this suit. (Signed by Judge Melinda Harmon) Parties notified.(rhawkins) (Entered: 04/01/2016) 04/20/ NOTICE by Lead Plaintiff of Intent Not to File a Second Consolidated Amended Complaint by Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters, filed. (Kendall, Joe) (Entered: 04/20/2016) 04/26/ NOTICE, filed. (rhawkins) (Entered: 04/27/2016) 04/26/ FINAL JUDGMENT. Case terminated on 4/26/2016(Signed by Judge Melinda Harmon) Parties notified.(rhawkins) (Entered: 04/27/2016) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at