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Heartland Resources, Inc. Summary: The class action was filed on behalf of purchasers of securities promoted and sold unlawfully by Heartland Resources, Inc. and the other Defendants, on May 19, 2008.
The complaint alleges that the securities promoted and sold by the Defendants included partnership interests in what were purported to be mainly limited partnerships. The securities promoted and sold by the Defendants also included Working Interests offered by Heartland Resources, Inc. "Working Interests" are fractional, undivided interests in oil and gas properties and rights.
The complaint also alleges that by and through the Partnerships and offerings of Working Interests ("Offerings"), the Defendants facilitated the fraudulent sale of securities to the Investors.
The Investors are pursuing remedies against the Defendants under the Securities Act of 1933 and the regulations promulgated thereunder (the "Securities Act"), the Securities Exchange Act of 1934 and the regulations promulgated thereunder (the "Exchange Act"), the Tennessee Securities Act of 1980 and the regulations, rules, and orders promulgated thereunder (the "Tennessee Securities Act"), and Tennessee common-law and equitable causes of action, the Securities Act of Kentucky and the regulations, rules, and orders promulgated thereunder (the "Kentucky Securities Act"), and Kentucky common-law and equitable causes of action.
In June 19, 2008, the defendants filed a Motion to Dismiss for Lack of Jurisdiction, Improper Venue and Insufficient Service of Process or, in the alternative, to Transfer Pursuant to 28 U.S.C. section 1404. On June 30, 2008, Middle District of Tennessee Judge Aleta A. Trauger ordered the case transferred to the Western District of Kentucky.
On November 21, 2008, Judge Joseph H. McKinley, Jr. signed the Memorandum Opinion and Order denying the defendants’ motion to dismiss. On November 26, 2008, a defendant filed a motion for judgment on the pleadings and also a motion to dismiss for failure to state a claim. On January 15, 2009, Judge McKinley consolidated several cases, administratively dismissing Civil Action Number 1:08CV-143-M. Civil Action Number 1:08CV-94-M became lead case. On January 26, 2009, the plaintiffs filed a First Amended Complaint. On February 13, 2009, the defendant filed a motion to dismiss the First Amended Complaint. On March 24, 2009, Judge McKinley issued the Memorandum Opinion and Order granting in part and denying in part the pending motion to dismiss. The previous motions to dismiss and for judgment on the pleadings were denied as moot.
INDUSTRY CLASSIFICATION:
SIC Code:
Sector: Basic Materials
Industry: Non-Metallic Mining
| COMPANY/ISSUER NAME: | Heartland Resources, Inc. |
| COMPANY/ISSUER TICKER: | |
| COMPANY WEBSITE: |
| FIRST IDENTIFIED COMPLAINT IN THE DATABASE | |||||||||||||||||
| Frederick P. Clayton, et al. v. , Heartland Resources, Inc. et al. | |||||||||||||||||
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| DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT | |||
| Complaint | |||
| Type: Complaint | Date on the document: 05/19/2008 | ||
| Order | |||
| Type: Court Transfer Order | Date on the document: 06/30/2008 | ||
| U.S. District Court Civil Docket | |||
| Type: Docket | Date on the document: 07/08/2008 | ||
| REFERENCE COMPLAINT | |||||||||||||||||
| Frederick P. Clayton, et al. v. , Heartland Resources, Inc. et al. | |||||||||||||||||
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| DOCUMENTS FOR THE REFERENCE COMPLAINT | |||
| U.S. District Court Civil Docket | |||
| Type: Docket | Date on the document: 10/01/2009 | ||
| OTHER DOCUMENTS | |||
| Case Name and/or Number: | |||
| Type: | Date on the document: | ||
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