US District Court Civil Docket as of August 21, 2017 Retrieved from the court on August 21, 2017 U.S. District Court Northern District of Texas (Fort Worth) CIVIL DOCKET FOR CASE #: 4:17-cv-00266-O Ruedelstein v. U.S. Concrete, Inc. et al Assigned to: Judge Reed C. O'Connor Cause: 15:78m(a) Securities Exchange Act Plaintiff Robert Abric Date Filed: 03/28/2017 Date Terminated: 08/21/2017 Jury Demand: Plaintiff Nature of Suit: 850 Other Statutes: Securities/Commodities/Exchange Jurisdiction: Federal Question represented by Trey H Crawford Gruber Elrod Johansen Hail Shank LLP 1445 Ross Avenue, Suite 2500 Dallas, TX 75202-2711 214-855-6866 Fax: 214-855-6808 Email: tcrawford@ghetrial.com Lawrence P Eagel Bragar Eagel & Squire PC 885 Third Avenue Suite 3040 New York, NY 10022 212-308-5858 Fax: 212-486-0462 Melissa A Fortunado Bragar Eagel & Squire PC 885 Third Avenue Suite 3040 New York, NY 10022 212-308-5858 Fax: 212-486-0462 PRO HAC VICE Shannon L Hopkins Levi & Korsinsky LLP 30 Broad Street 24th Floor New York, NY 10004
212/363-7500 Fax: 212/363-7171 Email: shopkins@zlk.com Todd H Henderson Bragar Eagel & Squire PC 885 Third Avenue Suite 3040 New York, NY 10022 212-308-5858 Fax: 212-486-0462 Email: henderson@bespc.com PRO HAC VICE Plaintiff Donald Bellafiore represented by Trey H Crawford Lawrence P Eagel Melissa A Fortunado PRO HAC VICE Shannon L Hopkins Todd H Henderson PRO HAC VICE Plaintiff Hans Ruedelstein represented by Willie Briscoe The Briscoe Law Firm 3131 McKinney Avenue Suite 600 Dallas, TX 75204 214-643-6011 Fax: 281-254-7789 Email: wbriscoe@thebriscoelawfirm.com J Alexander Hood, II Pomerantz LLP
600 Third Avenue, 20th Floor New York, NY 10016 212-661-1100 Fax: 917-463-1044 Email: ahood@pomlaw.com Jeremy Alan Lieberman Pomerantz LLP 600 Third Avenue, 20th Floor New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: jalieberman@pomlaw.com V. Defendant U.S. Concrete, Inc. represented by M Scott Barnard Akin Gump Strauss Hauer & Feld 1700 Pacific Ave Suite 4100 Dallas, TX 75201-4618 214/969-2800 Fax: 214/969-4343 Email: sbarnard@akingump.com Daniel Park Akin Gump Strauss Hauer & Feld 1700 Pacific Ave Suite 4100 Dallas, TX 75201-4618 214-969-2800 Email: dspark@akingump.com Michelle A Reed Akin Gump Strauss Hauer & Feld 1700 Pacific Ave Suite 4100 Dallas, TX 75201-4618 214/969-2713 Fax: 214/969-4343 Email: mreed@akingump.com Patrick G O'Brien
Akin Gump Strauss Hauer & Feld 1700 Pacific Ave Suite 4100 Dallas, TX 75201-4618 214/969-4727 Fax: 214/969-4343 Email: pobrien@akingump.com Defendant William J. Sandbrook represented by M Scott Barnard Daniel Park Michelle A Reed Patrick G O'Brien Defendant William M. Brown represented by M Scott Barnard Daniel Park Michelle A Reed Patrick G O'Brien Defendant Joseph C. Tusa, Jr. represented by M Scott Barnard
Daniel Park Michelle A Reed Patrick G O'Brien V. Movant Warren Mattox represented by Jamie Jean McKey Kendall Law Group LLP 3232 McKinney Avenue, Suite 700 Dallas, TX 75204 214-744-3000 Fax: 214-744-3015 Email: jmckey@kendalllawgroup.com Joe Kendall Kendall Law Group LLP 3232 McKinney Avenue, Suite 700 Dallas, TX 75204 214-744-3000 Fax: 214-744-3015 Email: jkendall@kendalllawgroup.com Movant Ara Chakalian represented by Jamie Jean McKey Joe Kendall Date Filed # Docket Text 03/28/2017 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Hans Ruedelstein. (Filing fee $400; Receipt number 0539-8306378) Summons(es) not
requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Briscoe, Willie) (Entered: 03/28/2017) 03/28/2017 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hans Ruedelstein. (Briscoe, Willie) (Entered: 03/28/2017) 03/29/2017 3 New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (npk) (Entered: 03/29/2017) 04/11/2017 4 Request for Clerk to issue Summons filed by Hans Ruedelstein. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s)) (Briscoe, Willie) (Entered: 04/11/2017) 04/11/2017 5 Summons Issued as to William M. Brown, William J. Sandbrook, Joseph C. Tusa, Jr., U.S. Concrete, Inc.. (npk) (Entered: 04/11/2017) 05/30/2017 6 MOTION for Appointment as Lead Plaintiff and Approval of Counsel, and Memorandum of Law in Support filed by Warren Mattox, Ara Chakalian with Brief/Memorandum in Support. (Attachments: # 1 Affidavit(s) Affidavit of Joe Kendall, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5, # 7 Exhibit(s) 6, # 8 Proposed Order) (Kendall, Joe) (Entered: 05/30/2017) 05/30/2017 7 MOTION to Appoint Counsel filed by Robert Abric, Donald Bellafiore with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s))Attorney Trey H Crawford added to party Robert Abric(pty:pla), Attorney Trey H Crawford added to party Donald Bellafiore(pty:pla) (Crawford, Trey) (Entered: 05/30/2017) 06/02/2017 8 ORDER: Before the Court are competing motions for appointment as lead plaintiff under the Private Securities Litigation Reform Act of 1995 ("PSLRA"). The Court finds expedited briefing is necessary to resolve the competing motions in a timely manner. Accordingly, it is hereby ORDERED that any party interested in filing a response to either motion for appointment as lead plaintiff must do so on or before June 13, 2017; any party may file a reply on or before June 21, 2017. (Ordered by Judge Reed C. O'Connor on 6/2/2017) (baa) (Entered: 06/02/2017) 06/13/2017 9 RESPONSE filed by Ara Chakalian, Warren Mattox re: 7 MOTION to Appoint Counsel (Kendall, Joe) (Entered: 06/13/2017) 06/13/2017 10 RESPONSE filed by Robert Abric, Donald Bellafiore re: 6 MOTION for Appointment as Lead Plaintiff and Approval of Counsel, and Memorandum of Law in Support (Attachments: # 1 Declaration(s) Declaration of Trey H. Crawford, # 2
Exhibit(s) Ex. A to Crawford Declaration, # 3 Exhibit(s) Ex. B to Crawford Declaration) (Crawford, Trey) (Entered: 06/13/2017) 06/21/2017 11 NOTICE of Non-Opposition by Warren Mattox and Ara Chakalian to Competing Motion for Appointment as Lead Plaintiff and Approval of Counsel filed by Ara Chakalian, Warren Mattox (Kendall, Joe) (Entered: 06/21/2017) 06/21/2017 12 NOTICE of NOTICE OF NON-OPPOSITION TO MOTION OF ROBERT ABRIC AND DONALD BELLAFIORE FOR: (1) APPOINTMENT AS LEAD PLAINTIFF; AND (2) APPROVAL OF SELECTION OF LEAD COUNSEL filed by Robert Abric, Donald Bellafiore (Crawford, Trey) (Entered: 06/21/2017) 06/22/2017 13 ORDER APPOINTING ROBERT ABRIC AND DONALD BELLAFIORE AS LEAD PLAINTIFF AND APPROVING THEIR SELECTION OF LEAD COUNSEL: Accordingly, the Court finds that Abric and Bellafiore's Motion for Appointment as Lead Plaintiff 7 should be and is hereby GRANTED and Mattox and Chakalian's Motion for Appointment as Lead Plaintiff 6 should be and is hereby DENIED. Therefore, it is ORDERED that pursuant to the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(a)(3)(B), Robert Abric and Donald Bellafiore are appointed as Lead Plaintiff. It is futher ORDERED that pursuant to 15 U.S.C. 78u-4(a)(3)(B)(v), Bragar Eagel & Squire, P.C. and Levi & Korsinsky, LLP are approved as Co-Lead Counsel and Gruber Elrod Johansen Hail Shank as Liaison Counsel for the Class. (Ordered by Judge Reed C. O'Connor on 6/22/2017) (skg) (Entered: 06/22/2017) 07/06/2017 14 Agreed MOTION to Extend Time For Plaintiffs to File Amended Complaint and Defendants to Respond filed by William M. Brown, William J. Sandbrook, Joseph C. Tusa, Jr., U.S. Concrete, Inc. (Attachments: # 1 Proposed Order)Attorney M Scott Barnard added to party William M. Brown(pty:dft), Attorney M Scott Barnard added to party William J. Sandbrook(pty:dft), Attorney M Scott Barnard added to party Joseph C. Tusa, Jr.(pty:dft), Attorney M Scott Barnard added to party U.S. Concrete, Inc.(pty:dft) (Barnard, M) (Entered: 07/06/2017) 07/10/2017 15 ORDER granting 14 Agreed Motion to Extend Time for Plaintiffs to File Amended Complaint and Defendants to Respond. Plaintiffs shall file an amended complaint no later than August 21, 2017. (Ordered by Judge Reed C. O'Connor on 7/10/2017) (plp) (Entered: 07/10/2017) 07/12/2017 16 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Melissa Fortunato (Filing fee $25; Receipt number 0539-8528012) filed by Robert Abric, Donald Bellafiore (Attachments: # 1 Proposed Order) (Crawford, Trey) (Entered: 07/12/2017) 07/12/2017 17 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Todd Henderson (Filing fee $25; Receipt number 0539-8528033) filed by Robert Abric, Donald Bellafiore (Attachments: # 1 Proposed Order) (Crawford, Trey) (Entered: 07/12/2017) 07/13/2017 18 ELECTRONIC ORDER granting 16 Application for Admission Pro Hac Vice of Melissa Fortunato. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 7/13/2017) (chmb) (lnb) (Entered: 07/13/2017)
07/13/2017 19 ELECTRONIC ORDER granting 17 Application for Admission Pro Hac Vice of Todd Henderson. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 7/13/2017) (chmb) (lnb) (Entered: 07/13/2017) 08/21/2017 20 NOTICE of Dismissal without Prejudice filed by Robert Abric, Donald Bellafiore (Crawford, Trey) (Entered: 08/21/2017) 08/21/2017 Civil Case Terminated per 20 Plaintiff's Notice of Voluntary Dismissal Without Prejudice. (tln) (Entered: 09/08/2017) 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 http://pacer.psc.uscourts.gov/pacerdesc.html