U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:10-cv JG-VVP

Transcription

1 US District Court Civil Docket as of 12/13/2011 Retrieved from the court on December 15, 2011 U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:10-cv JG-VVP Bensinger v. Denbury Resources Inc. et al Assigned to: Judge John Gleeson Referred to: Magistrate Judge Viktor V. Pohorelsky Cause: 15:78m(a) Securities Exchange Act Date Filed: 04/28/2010 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Eli Bensinger individually and on behalf of all others similarly situated represented by David Corey Katz Weiss & Lurie 551 Fifth Avenue Suite 1600 New York, NY Fax: Joseph Harry Weiss Weiss & Lurie 1500 Broadway 16th Floor New York, NY (212) Fax: (212) Joshua M. Rubin Weiss & Lurie 551 Fifth Avenue Suite 1600 New York, NY Fax: Jules Brody Stull, Stull & Brody 6 East 45th Street

2 New York, NY (212) Fax: Mark David Smilow Weiss & Yourman 551 Fifth Avenue Suite 1600 New York, NY (212) Fax: (212) V. Denbury Resources Inc. represented by Kathryn Michelle Heim (212) Fax: (212) LEAD ATTORNEY Mark Kornfeld Fax: LEAD ATTORNEY Melissa Lori Kosack (212) Fax: (212) LEAD ATTORNEY Ryan Patrick Farley

3 Fax: LEAD ATTORNEY Jerry R. Linscott Suntrust Center Suite South Orange Avenue, Post Office Box 112 Orlando, FL Fax: PRO HAC VICE Jessie Morgan Gabriel Baker & Hostetler Fax: Sarah Jane Tien Cam Truong Fax: Phil Rykhoek Mark C. Allen Alan Rhoades Ronald G. Greene

4 Gareth Roberts David I. Heather Randy Stein William Wettstein Gregory McMichael Michael Beatty Michael Decker Date Filed # Docket Text 04/28/ COMPLAINT against Mark C. Allen, Michael Beatty, Michael Decker, Denbury Resources Inc., Ronald G. Greene, David I. Heather, Gregory McMichael, Alan Rhoades, Gareth Roberts, Phil Rykhoek, Randy Stein, William Wettstein Disclosure Statement on Civil Cover Sheet completed -no,, filed by Eli Bensinger. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 04/29/2010) 04/28/2010 FILING FEE: $ 350, receipt number (Bowens, Priscilla) (Entered: 04/29/2010) 05/03/ Letter Pre-Motion Request for Conference by Eli Bensinger (Weiss, Joseph) (Entered: 05/03/2010) 05/04/ CERTIFICATE OF SERVICE by Eli Bensinger re 1 Complaint, Proof of Service (Weiss, Joseph) (Entered: 05/04/2010) 05/05/ SUMMONS Returned Executed by Eli Bensinger. Phil Rykhoek served on 5/4/2010, answer due 5/25/2010. (Weiss, Joseph) (Entered: 05/05/2010) 05/06/ AFFIDAVIT of Service for Summons and Complaint served on Denbury Resources Inc. and Phil Rykhoek on May 4, 2010, filed by Eli Bensinger. (Weiss, Joseph) (Entered: 05/06/2010) 05/07/ NOTICE of Appearance by Ryan Patrick Farley on behalf of Denbury Resources Inc. (aty to be noticed) (Attachments: # 1 Certificate of Service) (Farley, Ryan) (Entered: 05/07/2010) 05/07/ Letter to Judge Trager from Ryan Farley, Esq.-dated 5/7/2010 by Denbury Resources

5 Inc. (Farley, Ryan) (Entered: 05/07/2010) 05/07/ Letter by Eli Bensinger (Weiss, Joseph) (Entered: 05/07/2010) 05/10/ Letter by Eli Bensinger (Weiss, Joseph) (Entered: 05/10/2010) 05/12/ Minute Entry for proceedings held before Senior Judge David G. Trager:Telephone Conference held on 5/12/2010. Pre-motion conference on preliminary injunction. (Court Reporter Henry Shapiro) (Manuel, Germaine) (Entered: 05/14/2010) 05/21/ Letter to The Honorable David G. Trager from Ryan Farley, Esq and Mark Kornfeld, Esq.-dated May 21, 2010 by Denbury Resources Inc., Phil Rykhoek (Farley, Ryan) (Entered: 05/21/2010) 05/27/ AMENDED COMPLAINT against Denbury Resources Inc., filed by Eli Bensinger. (Weiss, Joseph) (Entered: 05/27/2010) 05/28/ Letter by Eli Bensinger (Weiss, Joseph) (Entered: 05/28/2010) 06/08/ Letter updating the Court on developments occurring since the teleconference on May 12, 2010 by Denbury Resources Inc. (Farley, Ryan) (Entered: 06/08/2010) 06/18/ ORDER. In light of the fact that the instant case and the Delaware action both involve a challenge by former Encore shareholders to defendant's calculation of the merger consideration, the instant action is stayed until the previously filed Delaware action is resolved. Ordered by Senior Judge David G. Trager on 6/16/2010. (Siegfried, Evan) (Entered: 06/18/2010) 01/28/2011 Judge John Gleeson added. Senior Judge David G. Trager no longer assigned to case. Reassigned pursuant to Judge Dearie's instruction to reassign Judge Trager's civil cases. (Marziliano, August) (Entered: 01/28/2011) 02/02/2011 ORDER. Counsel are hereby directed to apprise the Court of the status of the Delaware action on or before February 5, (Morris, Brian) (Entered: 02/02/2011) 02/03/ Letter to update the Court on the status of the shareholder class action litigation against Denbury previously pending in Delaware Court of Chancery by Denbury Resources Inc. (Farley, Ryan) (Entered: 02/03/2011) 02/04/ Letter by Eli Bensinger (Attachments: # 1 Exhibit Chancellor Ruling) (Weiss, Joseph) (Entered: 02/04/2011) 02/07/2011 ORDER LIFTING STAY. The previously ordered stay 15 is hereby lifted. If defendant intends to file a motion to dismiss, defendant is hereby directed to file a pre-motion conference letter on or before February 14, In the event that no motion will be filed, defendant should notify the Court and an initial conference will be scheduled. Ordered by Judge John Gleeson on 2/7/2011. (Morris, Brian) (Entered: 02/07/2011) 02/14/ Letter in response to the Court's February 7, 2011 Order lifting the stay and directing Denbury to file a pre-motion conference letter, by Denbury Resources Inc. (Attachments: # 1 May 7, 2010 Letter to Judge Trager, # 2 May 21, 2010 Letter to Judge Trager, # 3 June 8, 2010 Letter to Judge Trager) (Kosack, Melissa) (Entered: 02/14/2011) 02/18/ Letter in response to Denbury's pre-motion conference letter by Eli

6 Bensinger (Weiss, Joseph) (Entered: 02/18/2011) 02/22/2011 SCHEDULING ORDER: Upon review of the parties' submissions and having determined that no pre-motion conference will be necessary, it is hereby ordered that submission of the parties' motion papers with respect to defendant's motion to dismiss will proceed according to the following schedule: 's opening brief due 3/8/11, plaintiff's response due 3/22/11, and defendant's reply due 3/29/11. Oral argument on the motion to dismiss is scheduled for 4/8/11 at 11:00 AM in Courtroom 6C South. Ordered by Judge John Gleeson on 2/22/2011. (Morris, Brian) (Entered: 02/22/2011) 02/24/ NOTICE of Appearance by Melissa Lori Kosack on behalf of Denbury Resources Inc. (aty to be noticed) (Kosack, Melissa) (Entered: 02/24/2011) 02/25/ Letter MOTION for Extension of Time to File the motion to dismiss, on consent by Denbury Resources Inc.. (Kosack, Melissa) (Entered: 02/25/2011) 02/25/ NOTICE of Appearance by Mark Kornfeld on behalf of Denbury Resources Inc. (aty to be noticed) (Kornfeld, Mark) (Entered: 02/25/2011) 02/28/2011 ORDER granting 21 Motion for Extension of Time to File; SCHEDULING ORDER: The parties have consented to the following briefing schedule: 's opening brief due 3/15/11, plaintiff's response due 3/29/11, and defendant's reply due 4/6/11. Oral argument on the motion to dismiss remains scheduled for 4/8/11 at 11:00 AM in Courtroom 6C South. Ordered by Judge John Gleeson on 2/28/2011. (Morris, Brian) (Entered: 02/28/2011) 02/28/ NOTICE of Appearance by Kathryn Michelle Heim on behalf of Denbury Resources Inc. (aty to be noticed) (Heim, Kathryn) (Entered: 02/28/2011) 03/15/ MOTION to Dismiss by Denbury Resources Inc.. (Heim, Kathryn) (Entered: 03/15/2011) 03/15/ MEMORANDUM in Support re 24 MOTION to Dismiss filed by Denbury Resources Inc.. (Heim, Kathryn) (Entered: 03/15/2011) 03/15/ AFFIDAVIT/DECLARATION in Support re 24 MOTION to Dismiss filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit A to the Heim Declaration, # 2 Exhibit B to the Heim Declaration, # 3 Exhibit C-1 to the Heim Declaration, # 4 Exhibit C-2 to the Heim Declaration, # 5 Exhibit C-3 to the Heim Declaration, # 6 Exhibit C-4 to the Heim Declaration, # 7 Exhibit C-5 to the Heim Declaration, # 8 Exhibit D to the Heim Declaration, # 9 Exhibit E to the Heim Declaration, # 10 Exhibit F to the Heim Declaration, # 11 Exhibit G to the Heim Declaration, # 12 Exhibit H-1 to the Heim Declaration, # 13 Exhibit H-2 to the Heim Declaration, # 14 Exhibit H-3 to the Heim Declaration, # 15 Exhibit H-4 to the Heim Declaration, # 16 Exhibit H-5 to the Heim Declaration, # 17 Exhibit I to the Heim Declaration, # 18 Exhibit J-1 to the Heim Declaration, # 19 Exhibit J-2 to the Heim Declaration, # 20 Exhibit J-3 to the Heim Declaration, # 21 Exhibit J-4 to the Heim Declaration, # 22 Exhibit J-5 to the Heim Declaration) (Heim, Kathryn) (Entered: 03/15/2011) 03/15/ Corporate Disclosure Statement by Denbury Resources Inc. (Heim, Kathryn) (Entered: 03/15/2011) 03/29/ NOTICE of Change of firm address by Joseph Harry Weiss (Weiss, Joseph) (Entered: 03/29/2011)

7 03/29/ MEMORANDUM in Opposition re 24 MOTION to Dismiss filed by Eli Bensinger. (Weiss, Joseph) (Entered: 03/29/2011) 03/29/ AFFIDAVIT/DECLARATION in Opposition re 24 MOTION to Dismiss filed by Eli Bensinger. (Attachments: # 1 Exhibit A) (Weiss, Joseph) (Entered: 03/29/2011) 04/06/ REPLY in Support of Denbury Resources Inc's Motion to Dismiss filed by Denbury Resources Inc.. (Attachments: # 1 Appendix Unpublished Cases Cited in Denbury Resources Inc's Reply to Plaintiff's Memorandum in Opposition To 's Motion To Dismiss) (Heim, Kathryn) (Entered: 04/06/2011) 04/08/ Minute Entry for proceedings held before Judge John Gleeson:Motion Hearing held on 4/8/2011 re 24 MOTION to Dismiss filed by Denbury Resources Inc. Oral Argument heard. Decision reserved. (Piper, Francine) (Entered: 04/12/2011) 08/17/ ORDER denying 24 Motion to Dismiss: For the reasons stated in the attached memorandum and order, the motion to dismiss, 24, is DENIED. Ordered by Judge John Gleeson on 8/17/2011. (Glaser, Miriam) (Entered: 08/17/2011) 08/22/2011 SCHEDULING ORDER: An initial conference will be held in this case on September 21, 2011 at 11:00 a.m. before Viktor V. Pohorelsky, United States Magistrate Judge in Courtroom 13A of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All parties are directed to make the disclosures required by Rules 26(a)(1) of the Federal Rules of Civil Procedure no later than five days before the conference. All counsel are required to attend, and plaintiffs counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/22/2011. (Newton, Joan) (Entered: 08/22/2011) 08/26/ MOTION for Extension of Time to File Answer and an extension of time to meet and confer by Denbury Resources Inc.. (Kornfeld, Mark) (Entered: 08/26/2011) 08/26/2011 ORDER granting 34 Motion for extension of Time to Answer to 9/9/2011, and for extension of time to meet and confer to 9/12/2011. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/26/2011. (Somekh, Sogol) (Entered: 08/26/2011) 09/09/ ANSWER to 12 Amended Complaint by Denbury Resources Inc.. (Heim, Kathryn) (Entered: 09/09/2011) 09/21/ NOTICE of Appearance by David Corey Katz on behalf of Eli Bensinger (aty to be noticed) (Katz, David) (Entered: 09/21/2011) 09/21/ MINUTE ENTRY for initial scheduling conference held on 9/22/11 before Magistrate Judge Viktor V. Pohorelsky: A status conference will be held by telephone on December 15, 2011 at 2:30 p.m., to be initiated by counsel for the plaintiff (Chambers: ). Scheduling order entered (Newton, Joan) (Entered: 09/21/2011) 09/26/ MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number by Denbury Resources Inc.. (Attachments: # 1 Affidavit of Jerry R. Linscott in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order Granting Admission of Jerry R. Linscott Pro Hac Vice) (Linscott, Jerry) (Entered: 09/26/2011)

8 09/29/2011 ORDER granting 38 motion for Jerry R. Linscott to appear pro hac vice. Counsel shall register with ECF and file a notice of appearance. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/29/2011. (Toritto, Jim) (Entered: 09/29/2011) 10/04/ NOTICE of Appearance by Jerry R. Linscott on behalf of Denbury Resources Inc. (notification declined or already on case) (Linscott, Jerry) (Entered: 10/04/2011) 12/01/ Letter MOTION to Compel production of documents by Eli Bensinger. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Weiss, Joseph) (Entered: 12/01/2011) 12/07/ NOTICE of Appearance by Jessie Morgan Gabriel on behalf of Denbury Resources Inc. (aty to be noticed) (Gabriel, Jessie) (Entered: 12/07/2011) 12/07/ NOTICE of Appearance by Sarah Jane Tien Cam Truong on behalf of Denbury Resources Inc. (aty to be noticed) (Truong, Sarah Jane) (Entered: 12/07/2011) 12/08/ RESPONSE in Opposition re 40 Letter MOTION to Compel production of documents filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit A) (Gabriel, Jessie) (Entered: 12/08/2011) 12/09/ MOTION to Certify Class and Appointment of Class Representative and Class Counsel by Eli Bensinger. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Proposed Order) (Weiss, Joseph) (Entered: 12/09/2011) 12/09/ Letter MOTION for Judgment on the Pleadings Request for Permission to File by Eli Bensinger. (Weiss, Joseph) (Entered: 12/09/2011) 12/13/2011 ORDER granting 45 Request to File Motion for Judgment on the Pleadings: If plaintiff wishes to file a motion for judgment on the pleadings, he is ordered to do so by 1/13/2012. is ordered to submit his opposition by 2/10/2012 and plaintiff must submit his reply by 2/24/2012. Oral argument will be held on the motion at 10:30 AM on 3/9/2012 in Courtroom 6C South before Judge Gleeson. The same briefing schedule applies for plaintiff's 44 motion for class certification and appointment of class representative and class counsel: is ordered to submit his opposition by 2/10/2012, plaintiff must submit his reply by 2/24/2012, and oral argument will be held at 10:30 AM on 3/9/2012. Ordered by Judge John Gleeson on 12/13/2011. (Sheketoff, Julia) (Entered: 12/13/2011) 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