US District Court Civil Docket as of
06/28/2010
Retrieved from the court on July
23, 2010
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Plaintiff
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Terri
Morse Bachow |
represented by |
Marc
R Stanley |
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Defendant
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Swank
Energy Income Advisers LP
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represented by |
Rodney
Acker |
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Defendant
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Swank
Capital LLC |
represented by |
Rodney
Acker |
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Defendant
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Jerry
V Swank |
represented by |
Rodney
Acker |
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Defendant
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Mark
W Fordyce |
represented by |
Rodney
Acker |
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Defendant
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Brian
R Bruce |
represented by |
Rodney
Acker |
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Defendant
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Ronald
P Trout |
represented by |
Rodney
Acker |
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Defendant
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Edward
N McMillan |
represented by |
Rodney
Acker |
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Date
Filed |
# |
Docket
Text |
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02/10/2009 |
Class
Action COMPLAINT WITH JURY DEMAND against Brian R Bruce, Ronald P Trout,
Edward N McMillan, Swank Energy Income Advisers LP, Swank Capital LLC, Jerry
V Swank, Mark W Fordyce filed by Terri Morse Bachow.
(Filing fee $350; Receipt number 28742) NOD-No CIP (jyg)
(Entered: 02/11/2009) |
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02/10/2009 |
Summons
Issued as to Brian R Bruce, Ronald P Trout, Edward N McMillan, Swank Energy
Income Advisers LP, Swank Capital LLC, Jerry V Swank, Mark W Fordyce. (Iss -7) (jyg) (Entered:
02/11/2009) |
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02/25/2009 |
WAIVER
OF SERVICE Returned Executed as to Edward N McMillan. Waiver sent on
2/13/2009. (Mandel, Roger) Modified on 2/26/2009 (skt).
(Entered: 02/25/2009) |
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02/25/2009 |
WAIVER
OF SERVICE Returned Executed as to Brian R Bruce. Waiver sent on 2/13/2009.
(Mandel, Roger) Modified on 2/26/2009 (skt).
(Entered: 02/25/2009) |
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02/25/2009 |
WAIVER
OF SERVICE Returned Executed as to Jerry V Swank. Waiver sent on 2/13/2009.
(Mandel, Roger) Modified on 2/26/2009 (skt).
(Entered: 02/25/2009) |
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02/25/2009 |
WAIVER
OF SERVICE Returned Executed as to Ronald P Trout. Waiver sent on 2/13/2009.
(Mandel, Roger) Modified on 2/26/2009 (skt).
(Entered: 02/25/2009) |
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02/25/2009 |
***WRONG
EVENT USED-DISREGARD***SEE DOC #6***Writ of Execution Returned (Mandel,
Roger) Modified on 2/25/2009 (jyg). (Entered:
02/25/2009) |
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02/25/2009 |
WAIVER
OF SERVICE Returned Executed as to Swank Capital LLC. Waiver sent on
2/13/2009. (Mandel, Roger) Modified on 2/26/2009 (skt).
(Entered: 02/25/2009) |
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02/25/2009 |
WAIVER
OF SERVICE Returned Executed as to Swank Energy Income Advisers LP. Waiver
sent on 2/13/2009. (Mandel, Roger) Modified on 2/26/2009 (skt).
(Entered: 02/25/2009) |
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02/25/2009 |
WAIVER
OF SERVICE Returned Executed as to Mark W Fordyce. Waiver sent on 2/13/2009.
(Mandel, Roger) Modified on 2/26/2009 (skt).
(Entered: 02/25/2009) |
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03/23/2009 |
Agreed
Motion for Extension of Time to File Answer or Otherwise Respond to Complaint
filed by Brian R Bruce, Ronald P Trout, Edward N McMillan, Swank Energy
Income Advisers LP, Swank Capital LLC, Jerry V Swank, Mark W Fordyce (Hill,
Grace) (Entered: 03/23/2009) |
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03/30/2009 |
ORDER
granting 11
Defendants' Agreed Motion for Extension of Time to File Answer re 1 Complaint. Brian
R Bruce, Ronald P Trout, Edward N McMillan, Swank Energy Income Advisers LP,
Swank Capital LLC, Jerry V Swank, Mark W Fordyce answer due 7/13/2009.
(Ordered by Judge Ed Kinkeade on 3/30/09) (klm) (Entered: 03/31/2009) |
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04/14/2009 |
MOTION
for Appointment of Lead Plaintiff and Co-Lead Class Counsel filed by Terri
Morse Bachow. (Mandel, Roger) Modified on 4/15/2009
(klm). (Entered: 04/14/2009) |
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04/14/2009 |
Brief
in Support filed by Terri Morse Bachow re 13 MOTION for
Appointment of Lead Plaintiff and Co-Lead Class Counsel. (Mandel, Roger)
Modified on 4/15/2009 (klm). (Entered: 04/14/2009) |
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04/14/2009 |
Declaration
re 14 Brief in
Support re 13 MOTION for Appointment of
Lead Plaintiff and Co-Lead Class Counsel by Terri Morse Bachow.
(Attachments: # 1
Exhibit 1, # 2
Exhibit 2, # 3
Exhibit 3, # 4
Exhibit 4) (Mandel, Roger) Modified on 4/15/2009 (klm).
(Entered: 04/14/2009) |
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04/14/2009 |
Designation
of lead counsel Rodney Acker for Defendants Brian R Bruce, Ronald P Trout,
Edward N McMillan, Swank Energy Income Advisers LP, Swank Capital LLC, Jerry
V Swank, Mark W Fordyce. (Acker, Rodney) (Entered: 04/14/2009) |
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04/20/2009 |
ORDER
re 13 MOTION for
Appointment of Lead Plaintiff and Co-Lead Class Counsel. The Court hereby
orders that Co-Lead Plaintiff for the Class is permitted to file an amended
class action complaint within 45 days of this Order. (see order for
specifics) (Ordered by Judge Ed Kinkeade on
4/20/09) (tln) (Entered: 04/21/2009) |
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04/29/2009 |
Joint
MOTION Entry of Initial Scheduling Order and for Extension of Deadline to
File Class Certification Motion filed by Brian R Bruce, Ronald P Trout, Edward
N McMillan, Terri Morse Bachow, Swank Energy Income
Advisers LP, Swank Capital LLC, Jerry V Swank, Mark W Fordyce (Mandel, Roger)
Modified on 4/30/2009 (skt). (Entered: 04/29/2009) |
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05/07/2009 |
ORDER
granting 18
Motion Joint MOTION Entry of Initial Scheduling Order and for Extension of
Deadline to File Class Certification. (see order) (Ordered by Judge Ed Kinkeade on 05/07/09) (lmp)
(Entered: 05/08/2009) |
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06/04/2009 |
FIRST
AMENDED CLASS ACTION COMPLAINT WITH JURY DEMAND against Brian R Bruce, Ronald
P Trout, Edward N McMillan, Swank Energy Income Advisers LP, Swank Capital
LLC, Jerry V Swank, Mark W Fordyce filed by Terri Morse Bachow.
(Attachments: # 1
certificate of service) (Rifkin, Mark) (Entered: 06/04/2009) |
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07/13/2009 |
Unopposed
MOTION for Leave to File Memorandum in Support of Defendants' Motion to
Dismiss Plaintiffs' First Amended Class Action Complaint Motion to Exceed
Page Limit filed by Brian R Bruce, Ronald P Trout, Edward N McMillan,
Swank Energy Income Advisers LP, Swank Capital LLC, Jerry V Swank, Mark W
Fordyce (Attachments: # 1 Text of Proposed
Order Granting Defendants' Unopposed Motion for Leave to Exceed Page Limits)
(Acker, Rodney) (Entered: 07/13/2009) |
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07/14/2009 |
ORDER
granting 21
Unopposed Motion for Leave to Exceed Page Limits. Defendants hereby are granted
leave to file a combined brief on behalf of all Defendants in support of
their motion to dismiss of no more than thirty-five (35) pages, and Plaintiff
is hereby granted leave to file a response thereto of no more than
thirty-five (35) pages. (Ordered by Judge Ed Kinkeade
on 07/14/09) (lmp) (Entered: 07/15/2009) |
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07/17/2009 |
MOTION
to Dismiss Plaintiff's Amended Complaint filed by Brian R Bruce,
Ronald P Trout, Edward N McMillan, Swank Energy Income Advisers LP, Swank
Capital LLC, Jerry V Swank, Mark W Fordyce (Attachments: # 1 Text of Proposed
Order Granting Defendants' Motion to Dismiss Plaintiff's Amended Complaint)
(Acker, Rodney) (Entered: 07/17/2009) |
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07/17/2009 |
Brief/Memorandum
in Support filed by Brian R Bruce, Ronald P Trout, Edward N McMillan, Swank
Energy Income Advisers LP, Swank Capital LLC, Jerry V Swank, Mark W Fordyce
re 23 MOTION to
Dismiss Plaintiff's Amended Complaint (Acker, Rodney) (Entered:
07/17/2009) |
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07/17/2009 |
Appendix
in Support filed by Brian R Bruce, Ronald P Trout, Edward N McMillan, Swank
Energy Income Advisers LP, Swank Capital LLC, Jerry V Swank, Mark W Fordyce
re 23 Motion to
Dismiss Plaintiff's Amended Complaint. (Attachments: # 1 Exhibit App.
001-094, # 2
Exhibit App. 095-147, # 3 Exhibit App.
148-239, # 4
Exhibit App. 240-310, # 5 Exhibit App.
311-379, # 6
Exhibit App. 380-424, # 7 Exhibit App.
425-495) (Acker, Rodney) Modified on 7/20/2009 (lmp).
(Entered: 07/17/2009) |
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08/31/2009 |
RESPONSE
in Opposition filed by Terri Morse Bachow re 23 MOTION to
Dismiss Plaintiff's Amended Complaint. (Mandel, Roger) Modified on
9/1/2009 (klm). (Entered: 08/31/2009) |
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09/04/2009 |
Unopposed
MOTION to Withdraw as Attorney filed by Brian R Bruce, Ronald P Trout, Edward
N McMillan, Swank Energy Income Advisers LP, Swank Capital LLC, Jerry V
Swank, Mark W Fordyce (Attachments: # 1 Text of Proposed
Order) (Acker, Rodney) (Entered: 09/04/2009) |
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09/10/2009 |
ORDER
granting 27
Motion to Withdraw as Attorney. Attorney Grace Lee Hill terminated. (see
order) (Ordered by Judge Ed Kinkeade on 9/10/2009)
(mfw) (Entered: 09/11/2009) |
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09/30/2009 |
Defendants' REPLY in Support of Their
re: 23 MOTION to
Dismiss Plaintiff's Amended Complaint filed by Brian R Bruce, Ronald P
Trout, Edward N McMillan, Swank Energy Income Advisers LP, Swank Capital LLC,
Jerry V Swank, Mark W Fordyce (Acker, Rodney) (Entered: 09/30/2009) |
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01/06/2010 |
Memorandum
Opinion and Order denying 23 Motion to
Dismiss filed by Edward N McMillan, Jerry V Swank, Brian R Bruce, Swank
Energy Income Advisers LP, Mark W Fordyce, Ronald P Trout, Swank
Capital LLC. (Ordered by Judge Ed Kinkeade on
1/6/2010) (klm) (Entered: 01/08/2010) |
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01/13/2010 |
NOTICE
of Change of Address by Roger L Mandel, counsel for Terri Morse Bachow. New address is: Beckham & Mandel 3400
Carlisle, Suite 550, Dallas, Texas 75204 (Mandel, Roger) (Entered:
01/13/2010) |
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01/22/2010 |
ANSWER
to 20 Amended
Complaint, filed by Jerry V Swank, Mark W Fordyce (Acker, Rodney) (Entered:
01/22/2010) |
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01/22/2010 |
CERTIFICATE
OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jerry V Swank, Mark W Fordyce.
(Acker, Rodney) (Entered: 01/22/2010) |
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03/09/2010 |
Proposal
for contents of scheduling and discovery order Joint Proposal Pursuant to
FRCP 26 by Terri Morse Bachow. (Mandel, Roger)
(Entered: 03/09/2010) |
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03/12/2010 |
SCHEDULING
ORDER: Discovery due by 12/10/2010. Motions due by 1/10/2010. Pretrial
Materials due by 4/19/2011. Pretrial Order due by 4/19/2011. Amended
Pleadings due by 5/1/2010. Joinder of Parties due
by 5/1/2010. This case is set for JURY trial on the Court's three-week docket
beginning 5/2/2011 before Judge Ed Kinkeade. Status
Report due by 10/8/2010. (See Order.) (Ordered by Judge Ed Kinkeade on 3/12/2010) (twd)
(Entered: 03/12/2010) |
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03/16/2010 |
AMENDED
SCHEDULING ORDER: All motions that would dispose of all or any part of this
case (including all motions for summary judgment), shall be filed by
1/10/2011. (Ordered by Judge Ed Kinkeade on
3/16/2010) (mfw) (Entered: 03/16/2010) |
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03/25/2010 |
CERTIFICATE
OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Terri Morse Bachow.
(Mandel, Roger) (Entered: 03/25/2010) |
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04/26/2010 |
MOTION
to Certify Class and Brief in Support filed by Terri Morse Bachow with Brief/Memorandum in Support. (Portela, Jose) (Entered: 04/26/2010) |
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04/26/2010 |
AFFIDAVIT
re 38 MOTION to
Certify Class and Brief in Support Declaration of Mark C. Rifkin in
Support of Plaintiff's Motion for Class Certification by Terri Morse Bachow. (Attachments: # 1 Exhibit A-Class
Certification, # 2
Exhibit B-Firm Resume of Wolf Haldenstein, # 3 Exhibit C-Firm
Resume of Beckham Mandel, # 4 Exhibit D-Report
of Candace Preston) (Portela, Jose) (Entered:
04/26/2010) |
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05/17/2010 |
Unopposed
MOTION preliminary approval of class action settlement filed by Terri Morse Bachow (Attachments: # 1 Proposed Order
Proposed Preliminary Approval Order) (Mandel, Roger) (Entered: 05/17/2010) |
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05/17/2010 |
Agreed
STIPULATION and Agreement of Settlement by Terri Morse Bachow. (Attachments: # 1 Exhibit(s) Order
for Notice and Hearing, # 2 Exhibit(s) Order
and Final Judgment) (Mandel, Roger) (Entered: 05/17/2010) |
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05/27/2010 |
Defendants'
Submission of Proof of Service of Notice of Proposed Settlement Required by
the Class Action Fairness Act filed by Mark W Fordyce, Jerry V Swank.
(Attachments: # 1
Exhibit(s) A) (Drake, Scott) (Entered: 05/27/2010) |
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06/28/2010 |
ORDER
FOR NOTICE AND HEARING: A hearing (the "Settlement Fairness
Hearing") pursuant to Rule 23(e) of the Federal Rules of Civil Procedure
is hereby scheduled to be held before the Court on September 13, 2010, at
9:30 a.m. (see order for specifics) (Ordered by Judge Ed Kinkeade
on 6/28/2010) (tln) (Entered: 06/28/2010) |
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