U.S. District Court Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 98-CV-324

Transcription

1 US District Court Civil Docket as of 12/29/99 Retrieved from the court on Tuesday, April 18, 2006 U.S. District Court Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 98-CV-324 Madison Partnership v. USAA Properties III, et al Filed: 04/13/98 Assigned to: Honorable Edward C. Prado Jury demand: Plaintiff Demand: $54,000,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act MADISON PARTNERSHIP LIQUIDITY S. Mark Murray INVESTORS 31, LLC, 210/ Individually and on behalf of all others similarly situated. Law Offices of S. Mark Murray, plaintiff Inc Nacogdoches San Antonio, TX (210) v. Lawrence P Kolker 212/ WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 Madison Avenue New York, NY (212) USAA PROPERTIES III, INC. Ricardo G. Cedillo defendant 210/ Davis, Adami, & Cedillo, Inc Jones Maltsberger Suite 400 San Antonio, TX (210) Terence M. Murphy

2 Jones, Day, Reavis & Pogue 2300 Trammell Crow Center 2001 Ross Avenue Dallas, TX (214) Patricia J. Villareal 214/ Jones. Day, Reavis & Pogue 2300 Trammell Crow Center 2001 Ross Avenue Dallas, TX (214) EDWARD B. KELLEY defendant Ricardo G. Cedillo Terence M. Murphy Patricia J. Villareal USAA REAL ESTATE COMPANY defendant Ricardo G. Cedillo Terence M. Murphy Patricia J. Villareal UNITED SERVICES AUTOMOBILE ASSOCIATION defendant Ricardo G. Cedillo Terence M. Murphy Patricia J. Villareal AMERICAN INDUSTRIAL PROPERTIES D. Mitchell McFarland REIT [term 10/19/99] defendant 713/

3 Liddell, Sapp & Zivley 3400 Texas Commerce Tower Houston, TX (713) Craig L. Weinstock 713/ Liddell Sapp Zivley Hill & LaBoon 2600 Texas Commerce Tower 600 Travis Houston, TX (713) Roger B. Cowie (214) Liddell Sapp Zivley Hill & LaBoon 2001 Ross Avenue, Suite 3000 Dallas, TX (214) DOCKET PROCEEDINGS DATE # DOCKET ENTRY 4/13/98 -- Case assigned to Honorable Fred Biery (wg) [Entry date 04/13/98] 4/13/98 1 Complaint filed. Filing Fee: $ Receipt # (Pages: 18) (wg) [Entry date 04/13/98] 4/13/98 1 Demand for jury trial by Madison Partnership (wg) [Entry date 04/13/98] 4/13/98 -- Summons issued for USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial (wg) [Entry date 04/13/98]

4 4/15/98 2 Order that the plaintiff shall submit a proposed scheduling order to the Court within thirty (30) days after the appearance of any defendant (rg) [Entry date 04/15/98] 4/16/98 3 Return of service executed as to Edward B. Kelley on 4/15/98 by certified mail (rg) [Entry date 04/21/98] 4/16/98 4 Return of service executed as to USAA Real Estate Co. on 4/14/98 by certified mail (rg) [Entry date 04/21/98] 4/16/98 5 Return of service executed as to USAA on 4/14/98 by certified mail (rg) [Entry date 04/21/98] 4/16/98 6 Return of service executed as to USAA Properties III on 4/14/98 by certified mail (rg) [Entry date 04/21/98] 4/20/98 7 Return of service executed as to American Industrial on 4/15/98 by certified mail (rg) [Entry date 04/22/98] 4/27/98 8 Notice of filing certification of named plaintiff pursuant to federal securities laws by Madison Partnership (rg) [Entry date 04/27/98] 5/6/98 9 Motion by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA to transfer to Judge Edward C. Prado (rg) [Entry date 05/07/98] 5/12/98 10 Motion by USAA Properties III, USAA Real Estate Co., USAA for entry of the agreed order extending deadline for defendants to plead or otherwise respond (rg) [Entry date 05/12/98] 5/18/98 11 Motion by Madison Partnership for Lawrence P Kolker to appear pro hac vice (kc1) [Entry date 05/19/98] 5/18/98 12 Recommendations for scheduling order by Madison Partnership (kc1) [Entry date 05/19/98] 5/18/98 13 Response by Madison Partnership in opposition to motion to transfer to Judge Edward C. Prado [9-1] (kc1) [Entry date 05/19/98]

5 5/28/98 14 Memorandum by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA in support of motion to transfer to Judge Edward C. Prado [9-1] (kc1) [Entry date 05/29/98] 5/28/98 15 Response by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA to plaintiff's scheduling recommendations [12-1] (kc1) [Entry date 05/29/98] 6/8/98 16 Order granting motion to transfer to Judge Edward C. Prado [9-1] this cause is REASSIGNED from the docket of the undersigned to the docket ot the Honorable Edward C. Prado. (rg) [Entry date 06/08/98] 6/8/98 -- Case reassigned from Honorable Fred Biery to Honorable Edward C. Prado (rg) [Entry date 06/08/98] 6/11/98 17 Motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial to consolidate this case with SA 97 CA 1315 (rg) [Entry date 06/12/98] 6/15/98 18 Order granting motion for entry of the agreed order extending deadline for defendants to plead or otherwise respond [10-1] answer due 7/3/98 for American Industrial, for USAA, for USAA Real Estate Co., for Edward B. Kelley, for USAA Properties III (rg) [Entry date 06/16/98] 6/15/98 19 Order granting motion for Lawrence P Kolker to appear pro hac vice [11-1] (rg) [Entry date 06/16/98] 7/6/98 20 Unopposed Motion by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA for leave to file brief in excess of twenty pages (rg) [Entry date 07/07/98] 7/6/98 -- Received the USAA Defendants' motion to dismiss (rg) [Entry date 07/07/98] 7/9/98 21 Response by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA in opposition to motion to consolidate this case with SA 97 CA 1315 [17-1] (rg) [Entry date 07/13/98] 7/14/98 22 Motion by American Industrial to dismiss complaint (kc1) [Entry date 07/15/98]

6 8/21/98 23 Order granting motion for leave to file brief in excess of twenty pages [20-1], denying motion to consolidate this case with SA 97 CA 1315 [17-1] (rg) [Entry date 08/24/98] 8/21/98 24 Motion by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA to dismiss Madison Partnership Complaint (rg) [Entry date 08/26/98] 9/16/98 25 Unopposed Motion by Madison Partnership for leave to file brief in excess of twenty pages (rg) [Entry date 09/16/98] 9/16/98 -- Received plaintiff's brief in excess of twenty pages (rg) [Entry date 09/16/98] 9/16/98 26 Response by Madison Partnership motion to dismiss complaint [22-1] (rg) [Entry date 09/16/98] 9/28/98 27 Order granting in part, denying in part motion to dismiss Madison Partnership Complaint [24-1], granting in part, denying in part motion to dismiss complaint [22-1] It is further ORDERED that the plaintiff must AMEND its complaint to allege with particularity that demand was excused since it was futile. (rg) [Entry date 09/29/98] 9/28/98 -- Mooted motions motion for leave to file brief in excess of twenty pages [25-1] per law clerk (rg) [Entry date 11/06/98] 10/14/98 28 Answer by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA (rg) [Entry date 10/15/98] 10/14/98 29 Answer by American Industrial (rg) [Entry date 10/15/98] 10/22/98 30 Amended Derivative and Class Action Complaint by Madison Partnership, amending complaint [1-1] (Pages: 19) (tr) [Entry date 10/23/98] 10/29/98 31 Certificate of service by Madison Partnership (rg) [Entry date 10/30/98] 11/13/98 32 Motion by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA for entry of agreed order to extend time for defendant's to answer (rg) [Entry date 11/16/98]

7 11/23/98 33 Order granting motion for entry of agreed order to extend time for defendant's to answer the amended complaint on or before 12/4/98 [32-1] (rg) [Entry date 11/24/98] 11/25/98 34 Motion by Madison Partnership to certify class action (rg) [Entry date 11/25/98] 12/4/98 35 Motion by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA for entry of the agreed order extending deadline for defendants to answer or otherwise respond (rg) [Entry date 12/04/98] 12/7/98 36 Order granting motion for entry of the agreed order extending deadline for defendants to answer or otherwise respond to the amended complaint by 12/14/98 [35-1] (rg) [Entry date 12/08/98] 12/10/98 37 Motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial agreed order to extend defendant's deadline to respond to plaintiff's motion for class certification (rg) [Entry date 12/10/98] 12/11/98 38 Order granting motion agreed order to extend defendant's deadline to respond to plaintiff's motion for class certification on or before 12/17/98 [37-1] (rg) [Entry date 12/14/98] 12/14/98 39 Partial Motion by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA to dismiss amended derivative and class action complaint (rg) [Entry date 12/14/98] 12/14/98 40 Answer by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA to amended complaint (rg) [Entry date 12/14/98] 12/14/98 41 Answer by American Industrial to amended complaint (rg) [Entry date 12/15/98] 12/15/98 42 Motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial for entry of the agreed scheduling order on plaintiff's motion for class certification (rg) [Entry date 12/16/98]

8 12/24/98 43 Agreed Scheduling order on plaintiff's motion for class certification: written discovery 12/21/98; written response to discovery 2/5/99; deposition discovery 3/1/99; response to motion for class certification 3/15/99; reply in suport of motion for class certification 4/15/99. (kc1) [Entry date 12/28/98] 1/8/99 44 Motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA for entry of the agreed scheduling order on the USAA defendants' partial motion to dismiss (kc1) [Entry date 01/11/99] 1/11/99 45 Motion by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial with memorandum in support to strike class action claims (kc1) [Entry date 01/12/99] 1/19/99 46 Response by Madison Partnership motion to strike class action claims [45-1] (rg) [Entry date 01/20/99] 1/19/99 46 Cross motions by Madison Partnership to extend time in which to file motion for class certification and memorandum in support (rg) [Entry date 01/20/99] 1/21/99 47 Order granting motion for entry of the agreed scheduling order on plaintiff's motion for class certification [42-1] (rg) [Entry date 01/22/99] 1/22/99 48 Response by Madison Partnership in opposition to USAA defendant's partial motion to dismiss amended derivative and class action complaint [39-1] (rg) [Entry date 01/25/99] 1/26/99 49 Order granting motion for entry of the agreed scheduling order on the USAA defendants' partial motion to dismiss [44-1] (rg) [Entry date 01/27/99] 1/26/99 50 Order denying cross motion to extend time in which to file motion for class certification and memorandum in support [46-1], denying motion to strike class action claims [45-1] (rg) [Entry date 01/27/99] 2/12/99 51 Reply by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA to Madison Partnerships' response in opposition to partial motion to dismiss amended derivative

9 and class action complaint [39-1] (rg) [Entry date 02/16/99] 3/1/99 52 Motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial for entry of agreed protective order (rg) [Entry date 03/02/99] 3/1/99 53 Motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial for entry of an agreed order on plaintiff's motion for class certification (rg) [Entry date 03/02/99] 3/8/99 54 Order granting motion for entry of agreed protective order [52-1] (rg) [Entry date 03/09/99] 3/8/99 55 Order granting motion for entry of an agreed order on plaintiff's motion for class certification [53-1] (rg) [Entry date 03/09/99] 3/11/99 56 Order denying defendant's partial motion to dismiss amended derivative and class action complaint [39-1] It is further ORDERED that the plaintiff must AMEND its complaint to allege with particularity that demand was made or excused with respect to AIP. (rg) [Entry date 03/12/99] 3/22/99 57 Motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial for entry of an agreed order on motion for class certification (lp) [Entry date 03/23/99] 3/29/99 58 Order granting motion for entry of an agreed order on motion for class certification [57-1] (rg) [Entry date 03/30/99] 4/13/99 59 SEALED AND PLACED IN VAULT Response by American Industrial motion to certify class action [34-1] (rg) [Entry date 04/13/99] 4/13/99 60 Motion by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA for leave to file memorandum in opposition to plaintiff's motion for class certification in excess of 10 pages and to file under seal (rg) [Entry date 04/14/99] 4/13/99 -- Received USAA defendant's SEALED memorandum in oppositon to

10 plaintiff's motion for class certification (rg) [Entry date 04/14/99] 4/15/99 61 Order granting motion for leave to file memorandum in opposition to plaintiff's motion for class certification in excess of 10 pages and to file under seal [60-1] (rg) [Entry date 04/16/99] 4/15/99 62 SEALED AND PLACED IN VAULT Response by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA in opposition to plaintiff's motion to certify class action [34-1] (rg) [Entry date 04/16/99] 5/4/99 63 Motion by USAA Real Estate Co., USAA to compel Madison Partnership to provide a full and complete response to Interrogatory No. 1 and Request for Production No. 1 (tr) [Entry date 05/04/99] 5/11/99 64 Unopposed Motion by Madison Partnership for leave to file brief in excess of thirty pages (rg) [Entry date 05/12/99] 5/11/99 65 Unopposed Motion by Madison Partnership to extend time to respond to the USAA defendant's motion to compel (rg) [Entry date 05/12/99] 5/13/99 66 SEALED AND PLACED IN VAULT Reply Memorandum by Madison Partnership in support of motion to certify class action [34-1] (rg) [Entry date 05/13/99] 5/13/99 67 Order granting motion to extend time to respond to the USAA defendant's motion to compel [65-1] until 5/27/99 (kc1) [Entry date 05/14/99] 5/13/99 68 Order granting motion for leave to file brief in excess of thirty pages [64-1] (kc1) [Entry date 05/14/99] 5/26/99 69 Motion by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA for leave to file surreply in opposition to plaintiff's motion for class certification (rg) [Entry date 05/27/99] 5/26/99 -- Received defendant's surreply in opposition to plaintiff's motion for class certification (rg) [Entry date 05/27/99]

11 5/27/99 70 Response by Madison Partnership in opposition to motion to compel Madison Partnership to provide a full and complete response to Interrogatory No. 1 and Request for Production No. 1 [63-1] (rg) [Entry date 05/27/99] 6/4/99 71 Notice of filing amended certificate of conference for defendant's motion for leave to file surreply in opposition to plaintiff's motion for class certification by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA (rg) [Entry date 06/07/99] 6/10/99 72 Order granting motion for leave to file surreply in opposition to plaintiff's motion for class certification [69-1] (rg) [Entry date 06/11/99] 6/10/99 73 Response in support by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA motion to compel Madison Partnership to provide a full and complete response to Interrogatory No. 1 and Request for Production No. 1 [63-1] (rg) [Entry date 06/11/99] 6/10/99 74 Surreply by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial in opposition to motion to certify class action [34-1] (rg) [Entry date 06/11/99] 7/16/99 75 Order granting motion to compel Madison Partnership to provide a full and complete response to Interrogatory No. 1 and Request for Production No. 1 [63-1] (rg) [Entry date 07/19/99] 7/16/99 76 Order denying motion to certify class action [34-1] (rg) [Entry date 07/19/99] 8/17/99 77 Motion by Madison Partnership to certify class action (rg) [Entry date 08/19/99] 8/17/99 78 Motion by Madison Partnership for leave to amend amended derivative and class action complaint [1-1] (rg) [Entry date 08/19/99] 8/17/99 -- Received plaintiff's second amended complaint (attached to motion for leave to amend) (rg) [Entry date 08/19/99] 9/2/99 79 Agreed Motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American

12 Industrial for entry of the agreed order extending defendant's deadline to respond to plaintiff's motion for leave to amend amended derivative and class action complaint and renewed motion for class certification (rg) [Entry date 09/02/99] 9/7/99 80 Order granting motion for entry of the agreed order extending defendant's deadline to respond to plaintiff's motion for leave to amend amended derivative and class action complaint and renewed motion for class certification on or before 10/4/99 [79-1] (rg) [Entry date 09/08/99] 10/4/99 81 Response by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA in opposition to motion for leave to amend amended derivative and class action complaint [1-1] [78-1], motion to certify class action [77-1] (rg) [Entry date 10/05/99] 10/4/99 82 Response by American Industrial motion for entry of the agreed order extending defendant's deadline to respond to plaintiff's motion for leave to amend amended derivative and class action complaint and renewed motion for class certification [79-1], motion for leave to amend amended derivative and class action complaint [1-1] [78-1] (rg) [Entry date 10/05/99] 10/13/99 83 Agreed Motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial for entry of the agreed order setting schedule for reply and surreply (rg) [Entry date 10/14/99] 10/18/99 84 Order granting motion for entry of the agreed order setting schedule for reply and surreply [83-1] (rg) [Entry date 10/19/99] 10/18/99 85 Reply Brief by Madison Partnership in support of their motion for leave to amend amended derivative and class action complaint [1-1] [78-1], motion to certify class action [77-1] (rg) [Entry date 10/19/99] 10/19/99 86 Notice of filing Designation of Lead Counsel by American Industrial (rg) [Entry date 10/20/99] 11/1/99 87 Surreply by USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial in opposition to motion for leave to amend amended derivative and class action complaint [1-1] [78-1], motion to certify class

13 action [77-1] (rg) [Entry date 11/02/99] 11/5/99 88 ORDER FOR FURTHER BRIEFING - ORDERED that the parties are to submit further briefing on the issue of alleged fraudulent misrepresentation and the effects of such allegations on the requirements of Federal Rule of Civil Procedure 23(a) within 10 days of the receipt of this order. (rg) [Entry date 11/08/99] 11/12/99 89 Motion by American Industrial for leave to file motion in excess of 10 pages (rg) [Entry date 11/15/99] 11/12/99 -- Received Defendant AIP's motion in excess of the ten page limit (rg) [Entry date 11/15/99] 11/19/99 90 ORDER FOR SETTLEMENT PAPERS - ORDERED that the parties shall submit a stipulation of dismissal or agreed judgment and any appropriate supporting documents on or before 12/20/99... All pretrial deadlines in this case are hereby STAYED... All motions pending in this action are DENIED... Order denying motion for leave to file motion in excess of 10 pages [89-1], denying motion for leave to amend amended derivative and class action complaint [1-1] [78-1], denying motion to certify class action [77-1] (rg) [Entry date 11/22/99] 12/20/99 91 Joint motion by Madison Partnership, USAA Properties III, Edward B. Kelley, USAA Real Estate Co., USAA, American Industrial to dismiss with prejudice (rg) [Entry date 12/20/99] 12/29/99 92 Order granting joint motion to dismiss with prejudice [91-1] (rg) [Entry date 12/30/99] 12/29/99 -- Case closed (rg) [Entry date 12/30/99] 12/29/99 93 JUDGMENT - ORDERED that this case is DISMISSED WITH PREJUDICE. (Pages: 1) (rg) [Entry date 12/30/99] Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at