The original complaint alleges that the Defendants have been operating a scheme to defraud investors involving the offer and sale of unregistered securities, through unregistered broker-dealers, using the interstate mails and other means of interstate commerce in violation of federal and state securities laws. In furtherance of their scheme, and to aid in inducing the Plaintiff to invest, the Defendants made oral and written false, misleading, and fraudulent statements to the Plaintiff in violation of federal and state securities laws, state statutory laws, and state common law, filed false reports with the United States Securities and Exchange Commission, fraudulently concealed their actions from the Plaintiff, unlawfully converted the Plaintiff's investment funds, and breached their contract with the Plaintiff.
On November 7, 2007, the plaintiff filed an Amended Complaint. The defendants responded by filing various motions to dismiss in November and December 2007 as well as on February 22, 2008. On March 25, 2008, U.S. District Judge Sam A. Lindsay ordered fifteen actions to be consolidated. On April 2, 2008, the court granted two motions for leave to file second amended complaint. On April 10, 2008, another related case was also consolidated. On April 18, 2008, the Court entered the Order allowing the motions to file a second amended complaint as a result of the recent consolidation of several cases. Accordingly, the court denied without prejudice the motions to dismiss that were filed before these cases were consolidated. On June 2, 2008, a Consolidated Complaint was filed, and on June 10, 2008, an Amended Consolidated Complaint was filed. On July 7, 2008, an individual defendant filed a motion to dismiss the Consolidated Complaint. On July 21, 2008, a Third Party Complaint was filed. On October 1, 2008, the defendants filed an Amended Third Party Complaint. On October 9, 2008, a motion to dismiss the Amended Third Party Complaint was filed.
On October 19, 2008, all plaintiffs filed a motion to join plaintiffs. The motion contained a proposed Consolidated Complaint. On November 14, 2008, the motion to join plaintiffs was granted. On November 17, 2008, a Consolidated Complaint was filed. On January 14, 2009, the Court denied as moot the previously pending motions to dismiss the Consolidated Complaint and the motion to dismiss the Third Party Complaint.
On May 14, 2009, EnergyTec filed a notice of suggestion of bankruptcy. As a result, the next day, Judge Sam A. Lindsay issued the order staying the plaintiff's claims against defendant EnergyTec, Inc. only. On June 26, 2009, Judge Lindsay denied the motion to dismiss the Third Party Complaint. On July 10, 2009, Judge Lindsay further denied the motion to dismiss the Consolidated Complaint. On July 27, 2009, the defendants filed a motion for default judgment.
On February 19, 2010, the case was administratively closed.