|
Date Filed
|
#
|
Docket Text
|
| November 17, 2008 |
1
|
COMPLAINT WITH JURY DEMAND against Mark Cuban filed by Securities and Exchange Commission. (jyg) (Entered: November 17, 2008)
|
| November 17, 2008 |
2
|
CERTIFICATE OF INTERESTED PERSONS by Securities and Exchange Commission. (jyg) (Entered: November 17, 2008)
|
| November 17, 2008 |
3
|
Summons Issued as to Mark Cuban. (jyg) (Entered: November 17, 2008)
|
| November 17, 2008 |
4
|
Application and Order for Admission Pro Hac Vice by Adam S Aderton for Securities and Exchange Commission. (Ordered by Chief Judge Sidney A Fitzwater on 11/17/2008) (axm) (Entered:
11/18/2008)
|
| November 17, 2008 |
5
|
Application and Order for Admission Pro Hac Vice by Kevin P O'Rourke for Securities and Exchange Commission. (Ordered by Chief Judge Sidney A Fitzwater on 11/17/2008) (axm) (Entered:
11/18/2008)
|
| November 17, 2008 |
6
|
Application and Order for Admission Pro Hac Vice by Julie M Riewe for Securities and Exchange Commission. (Ordered by Chief Judge Sidney A Fitzwater on 11/17/2008) (axm) (Entered:
11/18/2008)
|
| November 25, 2008 |
7
|
Application and Order for Admission Pro Hac Vice by Ralph C Ferrara for Mark Cuban. (Ordered by Chief Judge Sidney A Fitzwater on 11/25/08) (jyg) (Entered: November 26, 2008)
|
| December 1, 2008 |
8
|
Application and Order for Admission Pro Hac Vice by Christopher J Clark for Mark Cuban. (Ordered by Chief Judge Sidney A Fitzwater on 12/1/08) (klm) (Entered: December 2, 2008)
|
| December 4, 2008 |
9
|
Application and Order for Admission Pro Hac Vice by Lyle Roberts for Mark Cuban. (Ordered by Chief Judge Sidney A Fitzwater on 12/4/08) (skt) (Entered: December 5, 2008)
|
| December 9, 2008 |
10
|
WAIVER OF SERVICE Returned Executed as to Mark Cuban. Waiver sent on 11/20/2008. (O'Rourke, Kevin) (Entered: December 9, 2008)
|
| January 14, 2009 |
11
|
MOTION to Dismiss filed by Mark Cuban (Roberts, Lyle) (Entered: January 14, 2009)
|
| January 14, 2009 |
12
|
Brief/Memorandum in Support filed by Mark Cuban re 11 MOTION to Dismiss (Roberts,
Lyle) (Entered: January 14, 2009)
|
| January 14, 2009 |
13
|
Appendix in Support filed by Mark Cuban re 12 Brief/Memorandum in Support of
Motion to Dismiss (Roberts, Lyle) (Entered: January 14, 2009)
|
| January 14, 2009 |
14
|
MOTION for Judicial Notice re 11 MOTION to Dismiss filed by Mark Cuban
(Attachments: # 1 Exhibits 1-5) (Roberts, Lyle) . (Entered: January 14, 2009)
|
| January 14, 2009 |
15
|
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mark Cuban. (Roberts, Lyle) (Entered: January 14, 2009)
|
| January 15, 2009 |
16
|
Order for Scheduling Order Proposal: Proposed Scheduling Order due by 2/16/2009. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 1/15/09) (klm) (Entered: January 16, 2009)
|
| January 22, 2009 |
17
|
Agreed MOTION for Extension of Time to File Response/Reply re: 11 MOTION to
Dismiss filed by Securities and Exchange Commission (Attachments: # 1 Text of Proposed Order) (O'Rourke, Kevin) (Entered:
01/22/2009)
|
| January 23, 2009 |
18
|
ORDER granting 17 Motion to Extend Time to File Response/Reply to Defendant's
Motion to Dismiss. Replies due by 3/10/2009. Responses due by 2/17/2009. (Ordered by Chief Judge Sidney A Fitzwater on 1/23/09) (klm) (Entered: January 23, 2009)
|
| February 2, 2009 |
19
|
MOTION for Leave to File Amici Curiae Brief in Support of Defendant's Motion to Dismiss filed by Allen Ferrell. (klm) (Entered: February 3, 2009)
|
| February 3, 2009 |
20
|
ORDER granting 19 Motion for Leave to File Amici Curiae Brief in Support of
Defendant's Motion to Dismiss. Brief must be filed electronically or on paper within five business days of the date of this order. (see order) (Ordered by Chief Judge Sidney A Fitzwater
on 2/3/2009) (axm) (Entered: February 3, 2009)
|
| February 5, 2009 |
21
|
BRIEF OF AMICI CURIAE filed by Allen Ferrell, et al in Support of 11 MOTION to
Dismiss. (svc) (Entered: February 5, 2009)
|
| February 5, 2009 |
22
|
AMENDED DOCUMENT by Allen Ferrell. Amendment to 21 Brief of Amici Curiae in
Support of Defendant's Motion to Dismiss. (klm) (Entered: February 6, 2009)
|
| February 6, 2009 |
23
|
ORDER: Set/Reset Deadlines as to 11 Motion to Dismiss. Responses due by 2/27/2009.
Replies due by 3/20/2009. (Ordered by Chief Judge Sidney A Fitzwater on 2/6/09) (jrb) (Entered: February 6, 2009)
|
| February 12, 2009 |
24
|
STATUS REPORT Rule 26(f) Report and Proposal filed by Securities and Exchange Commission. (O'Rourke, Kevin) (Entered: February 12, 2009)
|
| February 17, 2009 |
25
|
SCHEDULING ORDER: Amended Pleadings due by 1/1/2010. Discovery due by 2/1/2010. Joinder of Parties due by 7/1/2009. Motions due by 3/1/2010. Status Report due by 2/1/2010. (see order)
(Ordered by Chief Judge Sidney A Fitzwater on 02/17/09) (lmp) (Entered: February 18, 2009)
|
| February 27, 2009 |
26
|
RESPONSE in Opposition filed by Securities and Exchange Commission re 11 MOTION to
Dismiss (O'Rourke, Kevin) (Entered: February 27, 2009)
|
| March 20, 2009 |
27
|
REPLY Brief in Support of re: 11 MOTION to Dismiss filed by Mark Cuban
(Attachments: # 1 Appendix) (Roberts, Lyle) (Entered: March 20, 2009)
|
| April 1, 2009 |
28
|
***STRICKEN PER 4/3/09 ORDER***NOTICE of Subpoena on Non-Party for the Production of Documents filed by Securities and Exchange Commission (Galloway, Toby) Modified on 4/3/2009
(svc). (Entered: April 1, 2009)
|
| April 3, 2009 |
29
|
AGREED ORDER: Plaintiff's 4/1/2009 Notice of Subpoena on Non-Party for the Production of Documents shall be removed from the Court's file and stricken form the Court's electronic case
filing system. The Clerk is therefore directed to strike from the electronic case filing system the filing previously designated as document number 28. (Ordered by Chief Judge Sidney A
Fitzwater on 4/3/09) (klm) (Entered: April 3, 2009)
|
| April 16, 2009 |
30
|
ORDER granting 14 Motion for Judicial Notice. Defendant's request for oral
argument of his January 14, 2009 motion to dismiss is granted. Counsel are directed to contact the court concerning their availability for oral argument. Once a date is selected, the
court will issue an order addressing the details of argument. (Ordered by Chief Judge Sidney A Fitzwater on 4/16/09) (tln) (Entered: April 16, 2009)
|
| April 17, 2009 |
31
|
ORDER: Motion Hearing set for 5/26/2009 02:00 PM before Chief Judge Sidney A Fitzwater as to 11 Motion to Dismiss. See Order (Ordered by Chief Judge Sidney A Fitzwater on 4/17/09)
(svc) (Entered: April 17, 2009)
|
| May 26, 2009 |
|
Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: Motion Hearing held on 05/26/2009 re 11 Motion to Dismiss filed by Mark Cuban. Oral argument heard. Taken under advisement.
Written order to follow. Attorney Appearances: Plaintiff - Kevin O. O'Rourke with Toby Galloway; Defense - Ralph C. Ferrara with Paul C. Coggins and Lyle Roberts. (Court Reporter Pam
Wilson.) Time in Court: 56 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple) (Entered: May 26, 2009)
|
| June 16, 2009 |
32
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument Proceedings held on 5/26/2009 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela J. Wilson, Telephone number
214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased
from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days.
The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 7/7/2009. Redacted Transcript Deadline set for 7/17/2009. Release of Transcript
Restriction set for 9/14/2009. (pjw) (Entered: June 16, 2009)
|
| July 17, 2009 |
33
|
Memorandum Opinion and Order granting 11 Motion to Dismiss filed by Mark Cuban.
The SEC is granted 30 days from the date of this memorandum opinion and order to file an amended complaint. (See Order for specifics) (Ordered by Chief Judge Sidney A Fitzwater on
7/17/09) (skt) (caw). (Entered: July 17, 2009)
|
| July 20, 2009 |
34
|
EDITORIAL CORRECTION to Page 27 re 33 Memorandum Opinion and Order. (Attachments:
# 1 PAGE 27) (caw) (Entered: July 20, 2009)
|
| August 12, 2009 |
35
|
NOTICE and Request Pursuant to re: 33 Memorandum Opinion and Order, filed
by Securities and Exchange Commission (O'Rourke, Kevin) (Entered: August 12, 2009)
|
| August 13, 2009 |
36
|
Memorandum Opinion and Order granting Defendant's motion to dismiss with prejudice as no amended complaint has been filed. (Ordered by Chief Judge Sidney A Fitzwater on 8/13/2009) (caw)
(Entered: August 13, 2009)
|
| August 13, 2009 |
37
|
JUDGMENT in favor of Mark Cuban against Securities and Exchange Commission. (Ordered by Chief Judge Sidney A Fitzwater on 8/13/2009) (caw) (Entered: August 13, 2009)
|
| August 13, 2009 |
38
|
MOTION to Alter Judgment filed by Securities and Exchange Commission (Attachments: # 1 Text of Proposed Order) (O'Rourke,
Kevin) (Entered: August 13, 2009)
|
| August 13, 2009 |
39
|
ORDER granting 38 Motion to Alter Judgment [see Order]. (Ordered by Chief Judge
Sidney A Fitzwater on 8/13/2009) (caw) (Entered: August 14, 2009)
|
| August 13, 2009 |
40
|
AMENDED JUDGMENT in favor of Mark Cuban against Securities and Exchange Commission dismissing action with prejudice. (Ordered by Chief Judge Sidney A Fitzwater on 8/13/2009) (caw)
(Entered: August 14, 2009)
|
| August 28, 2009 |
41
|
MOTION for Attorney Fees and Expenses filed by Mark Cuban (Roberts, Lyle) (Entered: August 28, 2009)
|
| August 28, 2009 |
42
|
Brief/Memorandum in Support filed by Mark Cuban re 41 MOTION for Attorney Fees
and Expenses (Attachments: # 1 Appendix Tabs 1-3, # 2
Appendix Tab 4, # 3 Appendix Tabs 5-8, # 4 Appendix Tabs 9-17)
(Roberts, Lyle) (Entered: August 28, 2009)
|
| September 3, 2009 |
43
|
MOTION for Leave to File Response Pursuant to Rule 54(d)(2)(C) filed by Securities and Exchange Commission (Attachments: # 1
Text of Proposed Order) (O'Rourke, Kevin) (Entered: September 3, 2009)
|
| September 4, 2009 |
44
|
RESPONSE filed by Mark Cuban re 43 MOTION for Leave to File Response Pursuant to
Rule 54(d)(2)(C) (Roberts, Lyle) (Entered: September 4, 2009)
|
| September 4, 2009 |
45
|
ELECTRONIC ORDER granting 43 Motion for Leave to File. Plaintiff's response brief
is due by 9/30/2009. Plaintiff shall advise the court with reasonable promptness whether it opposes extending defendant's reply deadline to October 28, 2009. This may be done by letter or
by telephone call to chambers. (Ordered by Chief Judge Sidney A Fitzwater on 9/4/09) (Chief Judge Sidney A Fitzwater) (Entered: September 4, 2009)
|
| September 11, 2009 |
46
|
ELECTRONIC ORDER: The court in its discretion will permit defendant to file a reply brief in support of his August 28, 2009 motion for attorneys fees and expenses. The reply brief must be
filed no later than October 28, 2009. (Ordered by Chief Judge Sidney A Fitzwater on 9/11/09) (Chief Judge Sidney A Fitzwater) (Entered: September 11, 2009)
|
| September 30, 2009 |
47
|
RESPONSE in Opposition filed by Securities and Exchange Commission re 41 MOTION
for Attorney Fees and Expenses (Attachments: # 1 Affidavit Declaration of Robert B. Kaplan, # 2 Exhibit 1-3, # 3 Exhibit 4-7, # 4 Exhibit 8-13) (O'Rourke, Kevin) (Entered: September 30, 2009)
|
| October 7, 2009 |
48
|
NOTICE OF APPEAL to the Fifth Circuit as to 40 Judgment by Securities and Exchange
Commission. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA
to be sent US Mail to parties not electronically noticed. (O'Rourke, Kevin) (Entered: October 7, 2009)
|
| October 16, 2009 |
|
USCA5 Case Number 09-10996 for 48 Notice of Appeal filed by Securities and
Exchange Commission. (klm) (Entered: October 19, 2009)
|
| October 28, 2009 |
49
|
REPLY Brief in Support of re: 41 MOTION for Attorney Fees and
Expenses filed by Mark Cuban (Roberts, Lyle) (Entered: October 28, 2009)
|
| November 5, 2009 |
|
Record on Appeal Certified to US Court of Appeals, 5th Circuit re 48 Notice of
Appeal, - USCA5 Number: 09-10996. 3 vol. electronic record. (jmr) (Entered: November 5, 2009)
|
| November 5, 2009 |
|
SUPPLEMENTAL Record on Appeal Certified to US Court of Appeals, 5th Circuit re 48
Notice of Appeal, - USCA5 Number: 09-10996. 1 sealed transcript. (jmr) Modified on 11/5/2009 (jmr). (Entered: November 5, 2009)
|
| December 4, 2009 |
50
|
Memorandum Opinion and Order. By this memorandum opinion and order, the court establishes a discovery period and a supplemental briefing schedule on defendant Mark Cuban's August 28, 2009
motion for attorney's fees and expenses 41 . The discovery must be completed no
later than February 1, 2010. No later than 21 days after the discovery period is completed, Cuban may file a supplemental brief and evidence appendix in support of his motion. No later
than 21 days after Cuban files these materials, the SEC may file a supplemental brief and, if applicable, evidence appendix. No later than 14 days after the SEC files its response, Cuban
may file a supplemental reply brief. The court will decide the motion under the procedure allowed by Fed. R. Civ. P. 43(c). (Ordered by Chief Judge Sidney A Fitzwater on 12/4/2009) (Chief
Judge Sidney A Fitzwater) (Entered: December 4, 2009)
|
