U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:99-cv-02182

Transcription

1 US District Court Civil Docket as of 06/26/2000 Retrieved from the court on Wednesday, May 11, 2005 U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:99-cv Chun v. Evans Systems Inc, et al Assigned to: Judge Nancy F. Atlas Demand: $0 Case in other court: MEMBER, 4:99-CV MEMBER, 4:99-CV MEMBER, 4:99-CV MEMBER, 4:99-cv Cause: 15:78m(a) Securities Exchange Act Plaintiff Chung Chin Chun On Behalf of Herself and all Others Similarly Situated Date Filed: 07/08/1999 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by David E Sharp Beirne Maynard et al 1300 Post Oak Blvd Ste 2500 Houston, TX Fax: fax dsharp@bmpllp.com Jonathan K Levine Kaplan Kilsheimer and Fox 805 Third Ave New York, NY Fax: fax Schwartz Junell et al 909 Fannin Ste 2000 Houston, TX Fax: fax rgreenberg@schwartz-junell.com

2 Plaintiff Bernard H Butts, Jr represented by Martin D Chitwood Chitwood & Harley 1230 Peachtree St NE Ste 2900 Atlanta, GA Fax: fax Steven E Cauley Emerson Poynter LLP PO Box Little Rock, AR Fax: fax William B Federman Federman & Sherwood 120 N Robinson Ste 2720 Oklahoma City, OK Fax: fax TERMINATED: 09/07/1999 Plaintiff Jan Dauth represented by Martin D Chitwood

3 Steven E Cauley William B Federman TERMINATED: 09/07/1999 Plaintiff Marc A Pressel represented by Martin D Chitwood Steven E Cauley William B Federman TERMINATED: 09/07/1999 Plaintiff Rod Pilgreen represented by Martin D Chitwood Steven E Cauley

4 William B Federman TERMINATED: 09/07/1999 V. Consol Plaintiff Rick Welsh represented by Alan R Perry, Jr Chitwood & Harley 1230 Peachtree St NE Ste 2900 Atlanta, GA Fax: fax Martin D Chitwood Paul J Geller Attorney at Law 2255 Glades Rd Ste 421A Boca Raton, FL Consol Plaintiff Individually Dennis Hofer represented by David E Sharp

5 Thomas M Melsheimer Fish and Richardson 1717 Main St Ste 5000 Dallas, TX Fax: fax Consol Plaintiff personally Craig Anderson represented by Consol Plaintiff Andre Kraiem represented by Jeffrey H Squire Kirby McInerney & Squire 830 Third Ave 10th Floor New York, NY V. Defendant Evans Systems Inc represented by John C Kirke Brobeck Phleger et al One Market San Francisco, CA Meredith N Landy

6 Brobeck Phleger et al 2200 Geng Rd Palo Alto, CA Fax: fax Paul R Bessette Akin Gump et al 300 W 6th St Ste 2100 Austin, TX Fax: fax pbessette@akingump.com Defendant Richard B Dix represented by John C Kirke Meredith N Landy Paul R Bessette Defendant Jerriel L Evans, Sr represented by John C Kirke Meredith N Landy Paul R Bessette

7 Defendant Richard A Goeggel represented by John C Kirke Meredith N Landy Paul R Bessette Date Filed # Docket Text 07/08/ COMPLAINT by Chung Chin Chun filed; FILING FEE $ RECEIPT # (bchurchill) (Entered: 07/09/1999) 07/08/ Order setting Initial Pretrial and Scheduling Conference on 1:00 10/15/99 before Judge Nancy F. Atlas and Order to Disclose Interested Persons, filed. ( Signed by Judge Nancy F. Atlas ) Party filing case notified. (bchurchill) (Entered: 07/09/1999) 07/13/ MOTION to substitute attorney, and for Jonathan Levine to appear pro hac vice by Chung Chin Chun, Motion Docket Date 8/2/99 [3-1] motion, 8/2/99 [3-2] motion, filed. (psmith) (Entered: 07/13/1999) 07/16/ ORDER granting [3-1] motion to substitute attorney Added Jonathan K Levine as attorney-in-charge for David E. Sharp. David E. Sharp and Roger B. Greenberg will serve as local counsel for Pltf; granting [3-2] motion for Jonathan Levine to appear pro hac vice, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 07/19/1999) 07/16/ MOTION AND ORDER admitting Jonathan K. Levine pro hac vice for Pltf, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 07/19/1999) 07/19/ MOTION AND ORDER admitting Christine M. Comas pro hac vice for Pltf, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 07/19/1999) 07/21/ CERTIFICATE OF INTERESTED PARTIES by Chung Chin Chun, filed.

8 (fmremp) (Entered: 07/21/1999) 07/23/ SUMMONS issued (fmremp) (Entered: 07/26/1999) 08/13/ SUMMONS issued (fmremp) (Entered: 08/13/1999) 08/27/ RETURN OF SERVICE executed as to Richard A Goeggel 8/3/99 filed Answer due on 8/23/99 for Richard A Goeggel (fmremp) (Entered: 08/27/1999) 08/27/ RETURN OF SERVICE executed as to Jerriel L Evans Sr 8/3/99 filed Answer due on 8/23/99 for Jerriel L Evans Sr (fmremp) (Entered: 08/27/1999) 08/27/ Notice of change of address by Kaplan, Kilsheimer & Fox LLP counsel for Chung Chin Chun, filed. (fmremp) (Entered: 08/27/1999) 09/01/ RETURN OF SERVICE executed as to Richard B Dix 8/26/99 filed Answer due on 9/15/99 (fmremp) (Entered: 09/01/1999) 09/02/ RETURN OF SERVICE executed as to Evans Systems Inc 8/26/99 filed Answer due on 9/15/99 for Evans Systems Inc (fmremp) (Entered: 09/02/1999) 09/07/ MOTION to appoint lead pltfs, and for approval of lead pltfs' choice of lead counsel and liaison counsel by Bernard H Butts Jr, Jan Dauth, Marc A Pressel, Rod Pilgreen, Motion Docket Date 9/27/99 [13-1] motion, 9/27/99 [13-2] motion, filed. (ltien) (Entered: 09/07/1999) 09/07/ MEMORANDUM of Law by Bernard H Butts Jr, Jan Dauth, Marc A Pressel, Rod Pilgreen in support of their [13-1] motion to appoint lead pltfs, [13-2] motion for approval of lead pltfs' choice of lead counsel and liaison counsel, filed (ltien) (Entered: 09/07/1999) 09/07/ Declaration of Steven E Cauley in support of [13-1] motion to appoint lead pltfs, [13-2] motion for approval of lead pltfs' choice of lead counsel and liaison counsel, filed (ltien) (Entered: 09/07/1999) 09/07/ SUPPLEMENT to [13-1] motion to appoint lead pltfs, [13-2] motion for approval of lead pltfs' choice of lead counsel and liaison counsel by Bernard H Butts Jr, Jan Dauth, Marc A Pressel, Rod Pilgreen, filed. (local counsel shall be Roger Greenberg and David E Sharp instead of William Federman) (ltien) (Entered: 09/08/1999) 09/09/ TRANSFER ORDER: Civil Action Numbers H , H , H , and H are TRANSFERRED to Judge Atlas Motion hearing set for 8:30 9/28/99 for [13-1] motion to appoint lead pltfs, set for 8:30 9/28/99 for [13-2] motion for approval of lead pltfs' choice of lead counsel and liaison counsel, terminated deadlines, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 09/09/1999) 09/13/ RESPONSE by Evans Systems Inc, Richard B Dix, Jerriel L Evans Sr, Richard A Goeggel to Pltf's [13-1] motion to appoint lead pltfs, [13-2] motion for approval of lead pltfs' choice of lead counsel and liaison counsel, filed. (fmremp) (Entered: 09/13/1999) 09/13/1999 Rec'd and fwd to CRD: Proposed Order of Consolidation (fmremp) (Entered: 09/13/1999)

9 09/13/1999 Rec'd and fwd to CRD, Stipulation w/proposed order (fmremp) (Entered: 09/13/1999) 09/15/1999 Rec'd and fwd to CRD: Motion and Order for Meredith N. Landy to appear pro hac vice for Defts. (fmremp) (Entered: 09/15/1999) 09/15/1999 Rec'd and fwd to CRD: Motion and order for John C. Kirke to appear pro hac vice for Defts. (fmremp) (Entered: 09/15/1999) 09/15/ MOTION AND ORDER admiting John C. Kirke as attorney for Evans Systems, Inc., Richard B. Dix, Jerriel L. Evans, Sr., and Richard A. Goeggel, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 09/17/1999) 09/16/ MOTION AND ORDER admitting Meredith N. Landy pro hac vice for Evans Systems, Inc., Richard B. Dix, Jerriel L. Evans, Sr., and Richard A. Goeggel, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 09/17/1999) 09/23/1999 Deadline updated; Motion hearing reset for 1:00 11/12/99 for [13-1] motion to appoint lead pltfs, and for [13-2] motion for approval of lead pltfs' choice of counsel and liaison counsel (per CRD) (psmith) (Entered: 09/23/1999) 11/09/ CERTIFICATE OF INTERESTED PARTIES by Jerriel L Evans Sr, Evans Systems Inc, Richard A Goeggel, Richard B Dix, filed. (fmremp) (Entered: 11/09/1999) 11/12/ AMENDED CERTIFICATE OF INTERESTED PARTIES by Chung Chin Chun, filed. (fmremp) (Entered: 11/15/1999) 11/12/ ORDER of Consolidation. The unopposed motion to consolidate actions, designate caption for consolidated actions, and enter scheduling order is granted. Civil Actions H , H , H , H and H are consolidated under the Master File No. H Lead Pltf shall file a consolidated class action complaint no later than 60 days after appointment. If Defts make a motion to dismiss, then Pltfs shall have 45 days after service of such motion to respond. Defts shall have 30 days to file a reply, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 11/15/1999) 11/12/1999 Consolidated Lead Case (fmremp) (Entered: 11/15/1999) 11/12/ HEARING, MINUTES OF TELEPHONE PRETRIAL CONFERENCE held and ORDER by Judge Atlas on 11/12/99: Attorney Appearances by Sharp/Greenberg/Perry and Holzer f/pltf, Bessett f/defts and Federman f/movants, Gayle Dye - Ct Rptr terminated passed deadlines another pretrial conference set for 2:00 6/16/00, Motion to Consolidate [Doc #9} is GRANTED; Oral Motion for Leave to File a Consolidated Complaint is GRANTED Mr Greenberg to file a new original order to consolidate w/the Court; Mr Bessette w/the law firm of Brobeck Phleger added as attorney in charge f/defts; Motion to Appoint Lead Pltfs and for Approval of Lead Pltfs Choice of Lead Counsel and Liaison Counsel [Doc #13] is GRANTED in accordance with this record, Parties are to file anew order with consolidated caption, entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (fmremp) Modified on 12/03/1999 (Entered: 11/22/1999) 11/15/ ORDER granting [13-1] motion to appoint Bernard H. Butts, Jr., JanDauth, Marc

10 A. Pressel, and Rod Pilgreen as lead pltfs; granting [13-2] motion for approval of lead pltfs' choice of lead counsel and liaison counsel. The court approves the law firms of Chitwood & Harley and the Law Offices of Steven E. Cauley, P.A., as colead counsel; Greenberg, Peden, Siegmyer & Oshman, P.C. as Local Counsel; and William Federman as Liason Counsel, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 11/15/1999) 11/22/1999 Deadline updated; pretrial conference reset to 2:00 p on 6/16/00 before Judge Nancy F. Atlas (fmremp) (Entered: 11/22/1999) 11/23/1999 Rec'd address information on Attorney Paul R Bessette; fwd to Attorney Admissions (fmremp) (Entered: 11/23/1999) 12/06/ CONSOLIDATED COMPLAINT by Lead Pltfs Bernard H Butts Jr, Jan Dauth, Marc A Pressel, Rod Pilgreen filed (ltien) (Entered: 12/06/1999) 01/20/ NOTICE OF MOTION AND MOTION to dismiss Pltf's consolidated complaint by Evans Systems Inc, Motion Docket Date 2/9/00 [27-1] motion, filed. (fmremp) (Entered: 01/21/2000) 01/20/ MEMORANDUM OF LAW by Evans Systems Inc in support of [27-1] motion to dismiss Pltf's consolidated complaint, filed (fmremp) (Entered: 01/21/2000) 01/20/ APPENDIX in support of non-published and other authorities cited by Evans Systems Inc in support of [27-1] motion to dismiss Pltf's consolidated complaint, filed (in expandable folder). (fmremp) Modified on 01/21/2000 (Entered: 01/21/2000) 01/20/ REQUEST by Evans Systems Inc, Richard B Dix, Jerriel L Evans Sr, Richard A Goeggel for Judicial Notice in support of the Evans Defts' Memorandum of Law in Support of Motion to Dismiss Pltfs' Consolidated complaint, filed. (in expandable folder) (fmremp) Modified on 01/21/2000 (Entered: 01/21/2000) 03/01/ PARTIALLY UNOPPOSED MOTION to extend time to respond in opposition to Deft's Motion to Dismiss Pltfs Consolidated Complaint by Chung Chin Chun, Motion Docket Date 3/21/00 [31-1] motion, filed. (fmremp) (Entered: 03/01/2000) 03/08/ ORDER granting [31-1] motion to extend time to respond in opposition to Deft's Motion to Dismiss Pltfs Consolidated Complaint. Response to motion reset to 3/27/00 for [27-1] motion to dismiss Pltf's consolidated complaint, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 03/08/2000) 03/27/ MEMORANDUM OF LAW by Bernard H Butts Jr, Jan Dauth, Marc A Pressel, Rod Pilgreen in opposition to [27-1] motion to dismiss Pltf's consolidated complaint, filed (fmremp) (Entered: 03/28/2000) 03/27/ MOTION to strike Deft's Exhibits by Bernard H Butts Jr, Jan Dauth, Marc A Pressel, Rod Pilgreen, Motion Docket Date 4/16/00 [34-1] motion, filed. (fmremp) (Entered: 03/28/2000) 04/26/ REPLY BRIEF by Evans Systems Inc, Richard B Dix, Jerriel L Evans Sr, Richard A Goeggel in support of [27-1] motion to dismiss Pltf's consolidated complaint, filed. (fmremp) (Entered: 04/27/2000)

11 04/26/ RESPONSE by Evans Systems Inc, Richard B Dix, Jerriel L Evans Sr, Richard A Goeggel in opposition to Pltf's [34-1] motion to strike Deft's Exhibits, filed (fmremp) (Entered: 04/27/2000) 04/26/ CERTIFICATE OF SERVICE by Evans Systems Inc, Richard B Dix, Jerriel L Evans Sr, Richard A Goeggel, filed (fmremp) (Entered: 04/27/2000) 05/31/ MEMORANDUM AND ORDER granting Defts [27-1] motion to dismiss Pltf's consolidated complaint and denying Pltfs [34-1] motion to strike Deft's Exhibits, entered. Parties notified. ( signed by Judge Nancy F. Atlas ) (hlerma) (Entered: 05/31/2000) 05/31/ ORDER OF DISMISSAL granting Deft's [27-1] motion to dismiss Pltf's consolidated complaint. DISMISSED WITH PREJUDICE, entered; Parties notified. ( by Judge Nancy F. Atlas ) (hlerma) (Entered: 05/31/2000) 05/31/2000 Case closed (hlerma) (Entered: 05/31/2000) 06/14/ REQUEST by Evans Systems Inc, Richard B Dix, Jerriel L Evans Sr, Richard A Goeggel for to enter Bill of Costs, filed. (fmremp) (Entered: 06/14/2000) 06/14/ Bill of costs by Defts in the amount of $16,717.25, filed (fmremp) Modified on 06/19/2000 (Entered: 06/15/2000) 06/26/ Notice of change of firm name and address by Steven E. Cauley, atty for Marc A Pressel, Rod Pilgreen, Bernard H Butts Jr, Jan Dauth, filed. (fmremp) Modified on 06/26/2000 (Entered: 06/26/2000) 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