U.S. District Court Western District of Texas (Midland) CIVIL DOCKET FOR CASE #: 7:04-cv RAJ

Transcription

1 US District Court Civil Docket as of 01/25/2006 Retrieved from the court on Wednesday, October 25, 2006 U.S. District Court Western District of Texas (Midland) CIVIL DOCKET FOR CASE #: 7:04-cv RAJ Garco Investments,, et al v. Key Energy Services,, et al Assigned to: Judge Robert A. Junell Demand: $0 Case in other court: lead case, 7:04-cv member case, 7:04-cv member case, 7:04-cv member case, 7:04-cv member case, 7:04-cv Cause: 15:78m(a) Securities Exchange Act Date Filed: 06/10/2004 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Garco Investments, LLP Individually and on behalf of all others similarly situated represented by Daniel R. Malone Malone Law Firm 300 East Main, #1100 El Paso, TX (915) Fax: 915/ Plaintiff Bellaire Castle Corporation represented by Darren J. Check (610) Fax: (610) Heather Tashman (215)

2 Katharine M Ryan (610) Fax: (610) kryan@sbclasslaw.com Lisa Michaux Magids Smith Robertson Elliott Glen Klein & Bell, LLP 221 West Sixth Street Suite 1100 Austin, TX (512) Fax: 512/ lmagids@smith-robertson.com Michael Klein Smith Robertson Elliott Glen Klein & Bell, LLP 221 West 6th Street Suite 1100 Austin, TX (512) Fax: 512/ mklein@smith-robertson.com Michelle N. Peterson (610) Fax: 610/ Sean M. Handler (610) Fax: (610)

3 Stuart L. Berman (610) Fax: (610) V. Defendant Key Energy Services, Inc. represented by Andrew Harper Estes Lynch, Chappell & Alsup, PC 300 N. Marienfeld #700 Midland, TX (432) Fax: 432/ James Devin Alsup Lynch Chappell & Alsup 300 North Marienfeld Suite 700 Midland, TX (432) Fax: 432/ Mark Keith In the Guardianship of Lillian Glasser an Incapaci King & Spalding 1100 Louisiana St Ste 4000 Houston, TX (713) Fax: (713) Defendant Richard J. Alario represented by Andrew Harper Estes

4 TERMINATED: 10/25/2006 (See above for address) TERMINATED: 10/25/2006 James Devin Alsup (See above for address) TERMINATED: 10/25/2006 Mark Keith In the Guardianship of Lillian Glasser an Incapaci (See above for address) Defendant James J. Byerlotzer TERMINATED: 10/25/2006 represented by Melissa J. Swindle Jenkens & Gilchrist 1445 Ross Avenue Suite 3700 (214) Fax: 214/ TERMINATED: 10/25/2006 Stephen Mark Dollar Jenkens & Gilchrist, P.C Ross Avenue Suite 3700 (214) Fax: (214) TERMINATED: 10/25/2006 Stephen S. Maris Jenkens & Gilchrist, P.C Ross Avenue, Suite 3200 (214) Fax: 214/

5 TERMINATED: 10/25/2006 Defendant Francis D. John represented by Brian T. Ross Gibbs & Bruns LLP 1100 Louisiana Suite 5300 Houston, TX (713) Fax: 713/ Laura J. Kissel Gibbs & Bruns, LLP 1100 Louisiana Suite 5300 Houston, TX (713) Fax: 713/ Robert R. Burford Gibbs & Bruns, L.L.P Louisiana Street Suite 5300 Houston, TX (713) Fax: (713) Robin C. Gibbs Gibbs & Bruns, LLP 1100 Louisiana Suite 5300 Houston, TX (713) Fax: 713/

6 Defendant Royce Mitchell represented by Bruce W. Collins Carrington, Coleman, Sloman, & Blumenthal, L.L.P. 901 Main St. Suite 5500 (214) Fax: 214/ Everett Lindell New Carrington, Coleman, Sloman & Blumenthal, L.L.P. 901 Main Street Suite 5500 (214) Fax: 214/ Todd A. Murray Carrington, Coleman, Sloman & Blumenthal LLP 901 Main Street Suite 5500 (214) Fax: 214/ Date Filed # Docket Text 06/10/2004 Case assigned to Judge Kathleen Cardone (jm) (Entered: 06/14/2004) 06/10/ Class Action Complaint for Violations of Federal Securities Laws filed. Filing Fee: $ Receipt # ) (jm) (Entered: 06/14/2004) 06/10/2004 Judge Cardone's Standing Order Packet provided to attorney for Plaintiff (jm) (Entered: 06/14/2004) 08/10/ Motion to consolidate cases, to be appointed lead plaintiff for approval of lead plaintiff's selection of lead counsel and local counsel (dl1) (Entered: 08/12/2004)

7 08/10/ Memorandum in support of motion to consolidate cases, to be appointed lead plaintiff for approval of lead plaintiff's selection of lead counsel and local counsel [2-1] (dl1) (Entered: 08/12/2004) 08/10/ Notice of filing declaration of Michael Klein in support of motion of Bellaire Castle Corp (dl1) (Entered: 08/12/2004) 09/21/ Certificate of service of Motion to Transfer Venue for Convenience by Key Energy Services, (dl1) (Entered: 09/22/2004) 10/15/ Unoppossed Motion by Key Energy Services, to transfer venue (dl1) (Entered: 10/18/2004) 11/18/ Order granting motion to transfer venue [6-1] transferring case to the Midland Division signed by Judge Kathleen Cardone (dl1) (Entered: 11/22/2004) 12/08/2004 Case reassigned from Judge Kathleen Cardone to Judge Robert A. Junell (vt) (Entered: 12/09/2004) 12/08/2004 Original file, certified copy of transfer order and docket sheet received from El Paso Division (vt) (Entered: 12/09/2004) 12/13/ Order referring all non-dispositive motions : referred motion to consolidate cases, to be appointed lead plaintiff for approval of lead plaintiff's selection of lead counsel and local counsel [2-1] to Honorable Stephen H. Capelle signed by Judge Robert A. Junell (sm) (Entered: 12/13/2004) 02/07/ Report and recommendation of Judge L. Stuart Platt motion to consolidate cases, to be appointed lead plaintiff for approval of lead plaintiff's selection of lead counsel and local counsel [2-1] (sm) (Entered: 02/07/2005) 02/24/ Order granting report and recommendations [9-1], granting motion to consolidate cases, to be appointed lead plaintiff for approval of lead plaintiff's selection of lead counsel and local counsel [2-1] signed by Judge Robert A. Junell (sm) (Entered: 02/25/2005) 03/28/ Joint motion by James J. Byerlotzer, Royce Mitchell, Bellaire Castle Corp to extend time to answer or otherwise respond (sm) (Entered: 03/28/2005) 03/31/ Notice by Bellaire Castle Corp of: change of address of Sean Handler, Darren Check and Stuart Berman (sm) (Entered: 04/01/2005) 04/04/ Motion by Garco Investments, for (Michelle N. Peterson ) to appear pro hac vice (vt) (Entered: 04/04/2005) 04/04/ Motion by Garco Investments, for (Sean H. Handler) to appear pro hac vice (vt) (Entered: 04/04/2005) 04/04/ Motion by Garco Investments, for (Katharine M. Ryan ) to appear pro hac vice (vt) Modified on 04/04/2005 (Entered: 04/04/2005) 04/05/ Order granting motion for (Sean H. Handler) to appear pro hac vice [14-1] signed by Judge L. S. Platt (sm) (Entered: 04/05/2005) 04/05/ Order granting motion for (Katharine M. Ryan ) to appear pro hac vice [15-1]

8 signed by Judge L. S. Platt (sm) (Entered: 04/05/2005) 04/05/ Order granting motion for (Michelle N. Peterson ) to appear pro hac vice [13-1] signed by Judge L. S. Platt (sm) (Entered: 04/05/2005) 04/07/ Order recusing law clerk, Aaron Dorfner signed by Judge L. S. Platt (sm) (Entered: 04/07/2005) 04/18/ Joint motion by Key Energy Services, Richard J. Alario, James J. Byerlotzer, Francis D. John, Royce Mitchell to extend time to answer or otherwise respond (sm) (Entered: 04/18/2005) 04/22/ Order granting joint motion to extend time to answer or otherwise respond [20-1]; Key Energy to file amended complaint within 20 days of audit; motion to dismiss within 30 days; response within 30 days; reply to response within 15 days signed by Judge Robert A. Junell (sm) (Entered: 04/22/2005) 05/02/ Motion by Key Energy Services, for (Melissa Swindle) to appear pro hac vice (vt) (Entered: 05/03/2005) 05/02/2005 Pro hac vice fee paid by Melissa J. Swindle with Amount: $ Receipt # (vt) (Entered: 05/03/2005) 05/02/ Motion by Key Energy Services, for (Stephen M. Dollar) to appear pro hac vice (vt) (Entered: 05/03/2005) 05/20/ Order mooting Key Energy's motion for hearing and motion to stay discovery in state court action signed by Judge Robert A. Junell (sm) (Entered: 05/20/2005) 06/13/ Order setting status conference for 11:30 7/28/05 signed by Judge Robert A. Junell (vt) (Entered: 06/13/2005) 07/28/2005 Status conference held; scheduling order to be entered (sm) (Entered: 07/29/2005) 07/29/ Minutes of proceedings for Status Conference conducted on July 28, 2005 by Judge Junell. Court Reporter: Todd Anderson (sm) (Entered: 07/29/2005) 07/29/ Order setting scheduling order deadlines: ; Jury Selection set for 9:00 4/2/07 ; Jury Trial set for 9:00 4/2/07 Key Energy Services shall issue it's restated audited financial statements for the 2003 fiscal year by October 3, 2005, Plaintiffs shall file their amended consolidated complaint within 30 days from the date that Key Energy files their financial statements signed by Judge Robert A. Junell (vt) (Entered: 07/29/2005) 08/03/ Order resetting motion to dismiss hearing to 11:30 4/13/06 (motion not filed yet) signed by Judge Robert A. Junell (sm) (Entered: 08/03/2005) 08/23/ Motion by Bellaire Castle Corp for Heather Tashman to appear pro hac vice (sm) (Entered: 08/23/2005) 08/23/2005 Pro hac vice fee paid byheather Tashman with Amount: $ Receipt # (sm) (Entered: 08/23/2005) 08/25/ Order granting motion for Heather Tashman to appear pro hac vice [29-1] signed by Judge Robert A. Junell (sm) (Entered: 08/25/2005)

9 08/25/ Motion by Key Energy Services, for reconsideration of scheduling order (vt) (Entered: 08/25/2005) 08/26/ Order granting motion for (Stephen M. Dollar) to appear pro hac vice [23-1] signed by Judge Robert A. Junell (sm) (Entered: 08/26/2005) 08/26/ Order granting motion for (Melissa Swindle) to appear pro hac vice [22-1] signed by Judge Robert A. Junell (sm) (Entered: 08/26/2005) 09/06/ Scheduling order setting Joining of parties, amending of pleadings on 10/3/05 Deadline for filing of all motions 11/3/05 ; Jury Selection set for 9:00 4/2/07 ; Jury trial set for 9:00 4/2/07, termed motions signed by Judge Robert A. Junell (vt) (Entered: 09/07/2005) 09/07/ Response by Bellaire Castle Corp to motion for reconsideration of scheduling order [31-1] (vt) (Entered: 09/07/2005) 09/09/ Order Motion hearing motion for reconsideration of scheduling order [31-1] for 11:30 4/13/06 signed by Judge Robert A. Junell (sm) (Entered: 09/12/2005) 09/22/ Order denying motion for reconsideration of scheduling order [31-1] signed by Judge Robert A. Junell (sm) (Entered: 09/22/2005) 10/20/2005 Mooted motions joint motion to extend time to answer or otherwise respond [11-1]; dealt with order granting joint moiton and stipuation (sm) (Entered: 10/20/2005) 11/02/ Amended complaint by Garco Investments,, amending complaint [1-1] (Pages: 87) (sm) (Entered: 11/02/2005) 12/13/ Joint motion by Garco Investments, Key Energy Services, Richard J. Alario, James J. Byerlotzer, Francis D. John, Royce Mitchell, Bellaire Castle Corp to amend briefing deadlines (vt) (Entered: 12/14/2005) 12/13/ Stipulation filed by Garco Investments, Key Energy Services, Richard J. Alario, James J. Byerlotzer, Francis D. John, Royce Mitchell, Bellaire Castle Corp (vt) (Entered: 12/14/2005) 12/15/ Order granting stipulation [40-1], granting joint motion to amend briefing deadlines [39-1] resetting motion filing deadline to 1/20/06; response by March 21, 2006; reply by April 3, 2006 signed by Judge Robert A. Junell (sm) (Entered: 12/19/2005) 01/19/ Motion by James J. Byerlotzer for leave to file motion to dismiss in excess of page limit (sm) (Entered: 01/19/2006) 01/20/ Motion by Francis D. John for leave to file moiton to dismissed in excess of page limit (forwarded court copy of motion to chambers) (sm) (Entered: 01/20/2006) 01/20/ Motion by Royce Mitchell for leave to file motion to dismiss in excess of page limit (forwarded court copy of moiton to chambers) (sm) (Entered: 01/20/2006) 01/20/ Motion by Key Energy Services, Richard J. Alario for leave to file motion to dismiss in excess of page limit (forwarded court copy of motion and appendix to chambers) (sm) (Entered: 01/20/2006)

10 01/20/ Order granting motion for leave to file motion to dismiss in excess of page limit [42-1] signed by Judge Robert A. Junell (sm) (Entered: 01/23/2006) 01/20/ Motion by James J. Byerlotzer with memorandum in support to dismiss consolidated amended complaint with prejudice (sm) (Entered: 01/23/2006) 01/20/ Order granting motion for leave to file moiton to dismissed in excess of page limit [43-1] signed by Judge Robert A. Junell (sm) (Entered: 01/23/2006) 01/20/ Motion by Francis D. John to dismiss consolidated amended complaint for failure to state a claim (sm) (Entered: 01/23/2006) 01/23/ Order granting motion for leave to file motion to dismiss in excess of page limit [44-1] signed by Judge Robert A. Junell (sm) (Entered: 01/24/2006) 01/23/ Motion by Royce Mitchell with memorandum in support to dismiss consolidated amended complaint (sm) (Entered: 01/24/2006) 01/23/ Order granting motion for leave to file motion to dismiss in excess of page limit [45-1] signed by Judge Robert A. Junell (sm) (Entered: 01/24/2006) 01/23/ Motion by Key Energy Services, Richard J. Alario to dismiss consolidated amended complaint (sm) (Entered: 01/24/2006) 01/23/ Appendix for motion to dismiss consolidated amended complaint [53-1] (A,B,C) by Key Energy Services, Richard J. Alario (sm) (Entered: 01/24/2006) 01/23/ Appendix for motion to dismiss consolidated amended complaint [53-1](1,2,3) by Key Energy Services, Richard J. Alario (sm) (Entered: 01/24/2006) 01/24/ Supplemental Appendix for motion to dismiss consolidated amended complaint [53-1](1,2,3) by Key Energy Services, Richard J. Alario (sm) (Entered: 01/24/2006) 01/25/ Order consolidating cases MO-04-CV-082, MO-04-CV-083, MO-04-CV-090, MO- 04-CV-104, MO-04-CV-158, and MO-04-CV-159 with lead case to be MO-04- CV-082 signed by Judge Robert A. Junell (sm) (Entered: 01/25/2006) 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