Berry v. Kior, Inc. et al

Filing 51

ORDER entered GRANTING the Plaintiff's motion for leave to file second amended complaint and modify the scheudling order. Motion Hearing set for 9/26/2014 at 08:30 AM in Courtroom 11B before Judge Lee H Rosenthal.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MICHAEL BERRY,
Plaintiff,
VS.
KIOR, INC., et al.,
Defendants.

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CIVIL ACTION NO. H-13-2443

ORDER GRANTING PLAINTIFFS’ UNOPPOSED MOTION
FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
AND MODIFY SCHEDULING ORDER
Lead plaintiffs, Dave Carlton and Sharon Kegerreis, filed an Unopposed Motion for Leave
to File the Second Amended Class Action Complaint and modify the court’s November 25, 2013
Scheduling and Docket Control Order. (Docket Entry No. 48). The motions are granted. The
plaintiffs must file the Second Amended Class Action Complaint on or before May 27, 2014. That
pleading will replace the prior complaint.
The court’s November 25, 2013 Scheduling and Docket Control Order is modified as
follows:
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Defendant’s Motion to Dismiss (Docket Entry No. 41) is denied as moot.

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Defendants will file their motion to dismiss plaintiff’s Second Amended Class Action
Complaint on or before July 3, 2014.

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Plaintiffs will file their opposition to defendants’ Motion to Dismiss on or before August 11,
2014.

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Defendants will file their Reply and Supplemental Briefing regarding Halliburton Co. v.
Erica P. John Fund, Inc., on or before August 25, 2014.

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Plaintiffs will file their Response to defendants’ Supplemental Briefing Regarding
Halliburton Co. v. Erica P. John Fund, Inc., on or before September 8, 2014.

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Oral argument for defendants’ Motion to Dismiss will be held September 26, 2014, at 8:30
a.m. in Courtroom 11B.

SIGNED on May 29, 2014, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge

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