U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:12-cv RBJ

Transcription

1 US District Court Civil Docket as of July 17, 2013 Retrieved from the court on July 20, 2013 U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:12-cv RBJ Banker et al v. Gold Resource Corp et al Assigned to: Judge R. Brooke Jackson Cause: 15:10 Securities Exchange Act Plaintiff Nitesh Banker Date Filed: 10/25/2012 Date Terminated: 07/17/2013 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Karl P. Barth Hagens Berman Sobol Shapiro, LLP- Seattle 1918 Eighth Avenue Suite 3300 Seattle, WA Fax: Leif Garrison Hagens Berman Sobol Shapiro, LLP- Colorado Springs 2301 East Pikes Peak Avenue Colorado Springs, CO Fax: Steve W. Berman Hagens Berman Sobol Shapiro, LLP- Seattle 1918 Eighth Avenue Suite 3300 Seattle, WA Fax: Plaintiff Scott Cantor represented by Danielle S. Myers

2 On Behalf of Himself and All Others Similarly Situated Robbins Geller Rudman & Dowd, LLP- San Diego 655 West Broadway #1900 San Diego, CA Fax: Karl P. Barth Steve W. Berman Kip Brian Shuman Shuman Law Firm, The 885 Arapahoe Avenue Boulder, CO Fax: V. Consol Plaintiff Robert D. Rhodes on behalf of himself and all others similarly situated represented by Karl P. Barth Leif Garrison Steve W. Berman V. Defendant Gold Resource Corporation Gibson Dunn & Crutcher, LLP-Denver 1801 California Street #4200

3 Denver, CO Fax: Gibson Dunn & Crutcher, LLP-Denver 1801 California Street #4200 Denver, CO Fax: Latham & Watkins, LLP-Menlo Park 140 Scott Drive Menlo Park, CA Fax: Peter Allen Wald Latham & Watkins, LLP-San Francisco 505 Montgomery Street Suite 2000 San Francisco, CA Fax: Defendant Jason D. Reid

4 Peter Allen Wald Defendant William W. Reid Peter Allen Wald V. Consol Defendant David C. Reid Peter Allen Wald Consol Defendant Bradley J. Blacketor

5 Karl P. Barth Peter Allen Wald Date Filed # Docket Text 10/25/ COMPLAINT against Gold Resource Corporation, Jason D. Reid, William W. Reid (Filing fee $ 350, Receipt Number ), filed by Scott Cantor. (Attachments: # 1 Civil Cover Sheet)(Shuman, Kip) (Entered: 10/25/2012) 10/25/ /25/ /25/ /25/ /26/ /26/ SUMMONS REQUEST as to Gold Resource Corporation by Plaintiff Scott Cantor. (Shuman, Kip) (Entered: 10/25/2012) 3 SUMMONS REQUEST as to Jason D. Reid by Plaintiff Scott Cantor. (Shuman, Kip) (Entered: 10/25/2012) 4 SUMMONS REQUEST as to William W. Reid by Plaintiff Scott Cantor. (Shuman, Kip) (Entered: 10/25/2012) 5 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Craig B. Shaffer. Text Only Entry (sphil, ) (Entered: 10/26/2012) 6 DUPLICATE ENTRY Refer to 7 for issued summons - SUMMONS issued by Clerk as to Gold Resource Corporation, Jason D. Reid, and William W. Reid. (alvsl) (Entered: 10/26/2012) 7 SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (sphil, ) (Entered: 10/26/2012) 10/30/ ORDER TO SET SCHEDULING CONFERENCE: The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. By Judge R. Brooke Jackson on 10/30/2012. (rbjsec. ) (Entered: 10/30/2012) 11/13/ WAIVER OF SERVICE Returned Executed by Scott Cantor. Gold Resource Corporation waiver sent on 11/1/2012, answer due 12/31/2012. (Shuman, Kip) (Entered: 11/13/2012) 11/13/ WAIVER OF SERVICE Returned Executed by Scott Cantor. Jason D. Reid waiver sent on 11/1/2012, answer due 12/31/2012. (Shuman, Kip) (Entered: 11/13/2012)

6 11/13/ WAIVER OF SERVICE Returned Executed by Scott Cantor. William W. Reid waiver sent on 11/1/2012, answer due 12/31/2012. (Shuman, Kip) (Entered: 11/13/2012) 11/15/ NOTICE of Entry of Appearance by Danielle S. Myers on behalf of Scott Cantor (Myers, Danielle) (Entered: 11/15/2012) 12/03/ NOTICE of Entry of Appearance and Notice of Related Case by Gregory J. Kerwin on behalf of Gold Resource Corporation, Jason D. Reid, William W. Reid (Kerwin, Gregory) (Entered: 12/03/2012) 12/03/ NOTICE of Entry of Appearance Allison K. Kostecka by Gregory J. Kerwin on behalf of Gold Resource Corporation, Jason D. Reid, William W. Reid (Kerwin, Gregory) (Entered: 12/03/2012) 12/03/ CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Gold Resource Corporation for Gold Resource Corporation. (Kerwin, Gregory) (Entered: 12/03/2012) 12/10/ Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint by Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid. (Attachments: # 1 Proposed Order (PDF Only))(Kerwin, Gregory) (Entered: 12/10/2012) 12/11/ ORDER denying 16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint. By Judge R. Brooke Jackson on 12/11/2012. Text Only Entry(rbjsec. ) (Entered: 12/11/2012) 12/13/ MINUTE ORDER: A Scheduling Conference is set for 1/28/ :00 AM in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 12/13/2012. Text Only Entry (rbjsec. ) (Entered: 12/13/2012) 12/14/ AMENDED Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint by Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid. (Attachments: # 1 Proposed Order (PDF Only))(Kerwin, Gregory) (Modified on 12/14/2012 to reflect document is an amendment to 16 (alvsl).) (Entered: 12/14/2012) 12/24/ MOTION to Consolidate Cases, MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP as Lead Counsel, MOTION for Appointment as Lead Plaintiff by Movant Nitesh Banker. (Attachments: # 1 Affidavit of Karl P. Barth, # 2 Exhibit A (Notice), # 3 Exhibit B (Certification), # 4 Exhibit C (Firm Resume), # 5 Proposed Order (PDF Only))(Barth, Karl) (Entered: 12/24/2012) 12/28/ ORDER granting 19 Motion for Extension of Time to Answer or Otherwise Respond All Defendants. by Judge R. Brooke Jackson on 12/28/12. Text Only Entry(rbj) (Entered: 12/28/2012) 12/31/ RESPONSE to 20 MOTION to Consolidate Cases MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP as Lead Counsel MOTION for Appointment as Lead Plaintiff filed by Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid. (Kerwin, Gregory) (Entered: 12/31/2012) 01/07/ NOTICE re 20 MOTION to Consolidate Cases MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP as Lead Counsel MOTION for Appointment as Lead

7 Plaintiff by Movant Nitesh Banker (Garrison, Leif) (Entered: 01/07/2013) 01/08/ NOTICE of Entry of Appearance by Leif Garrison on behalf of Nitesh Banker (Garrison, Leif) (Entered: 01/08/2013) 01/22/ NOTICE of Entry of Appearance of Steve W. Berman by Steve W. Berman on behalf of Scott Cantor (Berman, Steve) (Entered: 01/22/2013) 01/23/ STATUS REPORT Joint Status Report & Proposed Scheduling Order by Plaintiff Scott Cantor. (Barth, Karl) (Entered: 01/23/2013) 01/28/ MINUTE ENTRY for Scheduling Conference held before Judge R. Brooke Jackson on 1/28/2013. ORDERED: Granting 20 Motion to Consolidate Cases; granting 20 Motion to Appoint Counsel; granting 20 Motion for Appointment. ORDERED: Plaintiff to file an amended complaint no later than February 4, ORDERED: Defendant to file either an answer to the amended complaint or a Motion to Dismiss no later than March 4, Response deadline is March Reply deadline is April 1, Trial Preparation Conference set for 12/18/2013 at 8:00 AM in Courtroom A902 before Judge R. Brooke Jackson. Jury Trial set for 1/27/2014 9:00 AM in Courtroom A902 before Judge R. Brooke Jackson. Trial Preparation Conference set for 12/18/2013 at 8:00 AM in Courtroom A902 before Judge R. Brooke Jackson. Oral Argument set for 4/29/2013 9:00 AM in Courtroom A902 before Judge R. Brooke Jackson. Court Reporter: Kara Spitler. (lag) (Entered: 01/28/2013) 01/28/ ORDER Granting Nitesh Banker's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Counsel re: 20 MOTION to Consolidate Cases. By Judge R. Brooke Jackson on 01/28/13. Pursuant to Rule 42(a), the related actions Cantor v. Gold Resource Corp., No. 12-cv and Rhodes v. Gold Resource Corp., No. 12-cv are consolidated for pre-trial purposes as In re Gold Resource Corp. Sec. Litig., Master File No. 12-cv and all future filings shall be made on this docket only. (alvsl) (Entered: 01/29/2013) 01/29/ ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a ten-day jury trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, th Street, Denver, Colorado, to commence on January 27, 2014 at 9:00 a.m. A Trial Preparation Conference is set for December 18, 2013 at 8:00 a.m. Oral argument regarding motions to dismiss is set for April 29, 2013 at 9:00 a.m. for one half day. By Judge R. Brooke Jackson on 01/29/2013. (rbjsec. ) (Entered: 01/29/2013) 01/30/ ORDER Extending Defendants' Deadline to Move, Answer, or Otherwise Respond to Plaintiff's Complaint. (Docket No. 18 in case 12-cv RBJ.) Having reviewed the Motion and finding good cause for the requested extension, it is Hereby Ordered as follows: Defendants' Motion is Granted; The Court Vacates the current December 17, 2012 and January 28, 2013 deadlines for Defendants to respond to the Complaint. Pending further orders from this Court, Defendants shall move, answer, or otherwise respond to the Complaint on or before February 15, By Judge R. Brooke Jackson on 01/30/13. (alvsl) (Entered: 01/30/2013) 01/30/ Utility Resetting Deadlines: Bradley J. Blacketor, Gold Resource Corporation, David C. Reid, Jason D. Reid, and William W. Reid answers due 2/15/2013 pursuant to Order at Dkt. No. 30. Text Only Entry. (alvsl) (Entered: 01/30/2013)

8 02/04/ AMENDED COMPLAINT First Amended and Consolidated Class Action Complaint for Violation of the Federal Securities Laws against All Defendants, filed by Nitesh Banker.(Berman, Steve) (Entered: 02/04/2013) 02/07/ NOTICE of Entry of Appearance by Peter Allen Wald on behalf of Bradley J. Blacketor, Gold Resource Corporation, David C. Reid, Jason D. Reid, William W. Reid (Wald, Peter) (Entered: 02/07/2013) 02/07/ NOTICE of Entry of Appearance by on behalf of Bradley J. Blacketor, Gold Resource Corporation, David C. Reid, Jason D. Reid, William W. Reid (Rawlinson, Matthew) (Entered: 02/07/2013) 03/04/ MOTION to Dismiss Plaintiff's First Amended and Consolidated Class Action Complaint for Violation of the Federal Securities Laws by Consol Defendants Bradley J. Blacketor, David C. Reid, Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid. (Wald, Peter) (Entered: 03/04/2013) 03/04/ BRIEF in Support of 35 MOTION to Dismiss Plaintiff's First Amended and Consolidated Class Action Complaint for Violation of the Federal Securities Laws filed by Consol Defendants Bradley J. Blacketor, David C. Reid, Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid. (Wald, Peter) (Entered: 03/04/2013) 03/04/ NOTICE re 35 MOTION to Dismiss Plaintiff's First Amended and Consolidated Class Action Complaint for Violation of the Federal Securities Laws Request for Judicial Notice in Support ofdefendants' Motion to Dismiss Plaintiff's First Amended and Consolidted Class Action Complaint for Violation of the Federal Securities Laws by Consol Defendants Bradley J. Blacketor, David C. Reid, Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid (Wald, Peter) (Entered: 03/04/2013) 03/04/ DECLARATION of regarding MOTION to Dismiss Plaintiff's First Amended and Consolidated Class Action Complaint for Violation of the Federal Securities Laws 35 by Consol Defendants Bradley J. Blacketor, David C. Reid, Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rawlinson, Matthew) (Entered: 03/04/2013) 03/18/ BRIEF in Opposition to 35 MOTION to Dismiss Plaintiff's First Amended and Consolidated Class Action Complaint for Violation of the Federal Securities Laws filed by Plaintiff Nitesh Banker. (Berman, Steve) (Entered: 03/18/2013) 04/01/ RESPONSE to 35 MOTION to Dismiss Plaintiff's First Amended and Consolidated Class Action Complaint for Violation of the Federal Securities Laws Reply Brief in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Consolidated Class Action Complaint for Violation of the Federal Securities Law filed by Consol Defendants Bradley J. Blacketor, David C. Reid, Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid. (Wald, Peter) (Entered: 04/01/2013) 04/01/ NOTICE re 40 Response to Motion, Supplemental Request for Judicial Notice in Support of Defendants' Motion to Dismiss Plaintiff's First Amended and Consollidated Class Action Complaint for Violation of the Federal Securities Laws by Consol Defendants Bradley J. Blacketor, David C. Reid, Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid (Wald, Peter) (Entered: 04/01/2013)

9 04/01/ DECLARATION of Supplemental Declaration of in Support of Defendants' Motion to Dismiss Plaintiff's First Amended and Consolidated Class Action Complaint for Violation of the Federal Securities Laws regarding Response to Motion, 40 by Consol Defendants Bradley J. Blacketor, David C. Reid, Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid. (Attachments: # 1 Exhibit A)(Rawlinson, Matthew) (Entered: 04/01/2013) 04/05/ MOTION to Strike 40 Response to Motion, Lead Plaintiff's Motion to Strike or Disregard Portions of Defendants' Reply in Support of Defendants' Motion to Dismiss by Plaintiff Nitesh Banker. (Berman, Steve) (Entered: 04/05/2013) 04/11/ BRIEF in Opposition to 43 MOTION to Strike 40 Response to Motion, Lead Plaintiff's Motion to Strike or Disregard Portions ofdefendants' Reply in Support of Defendants' Motion to Dismiss filed by Consol Defendant Bradley J. Blacketor, Defendants Gold Resource Corporation, Jason D. Reid, William W. Reid. (Wald, Peter) (Entered: 04/11/2013) 04/12/ REPLY to Response to 43 MOTION to Strike 40 Response to Motion, Lead Plaintiff's Motion to Strike or Disregard Portions ofdefendants' Reply in Support of Defendants' Motion to Dismiss filed by Plaintiff Nitesh Banker. (Berman, Steve) (Entered: 04/12/2013) 04/29/ MINUTE ENTRY for Oral Argument Hearing held before Judge R. Brooke Jackson on 4/29/2013. Taking under advisement 35 Defendants' Motion to Dismiss Plaintiff's First Amended and Consolidated Class Action Complaint for Violation of the Federal Securities Laws. Court Reporter: Kara Spitler. (eseam) (Entered: 04/29/2013) 07/15/ ORDER: 1. Defendants' Motion to Dismiss Plaintiffs First Amended and Consolidated Class Action Complaint (# 35 ) is GRANTED. Plaintiff's amended consolidated class action complaint (# 32 ) is DISMISSED WITH PREJUDICE, thereby dismissing cases 12CV2832 and consolidated case 12CV Lead Plaintiff's Motion to Strike or Disregard Portions of Defendants Reply (#43]) is DENIED. 3. Defendants are awarded their costs pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR By Judge R. Brooke Jackson on 07/15/13. (alvsl) (Entered: 07/15/2013) 07/17/ FINAL JUDGMENT re: 47 Order on Motion to Dismiss. It is ORDERED that Defendants' Motion to Dismiss Plaintiff's First Amended and Consolidated Class Action Complaint [Doc. No. 35, filed March 4, 2013] is GRANTED. It is further ORDERED that Plaintiff's amended consolidated class action complaint [#32] is DISMISSED WITH PREJUDICE, thereby dismissing cases 12CV2832 and consolidated case 12CV2971. It is further ORDERED that defendants are awarded their costs pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR By Edward P. Butler, Deputy Clerk on 07/17/13. (alvsl) (Entered: 07/17/2013) 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