Tsevegmid, et al v. Ahearn, et al
Plaintiff: Curtis Brownlee and Chuluuntsetseg Tsevegmid
Defendant: Robert J Gillette, James F Nolan, William J Post, J Thomas Presby, Bruce Sohn, James Zhu, Michael Sweeney, First Solar Incorporated, Paul H Stebbins, Michael J Ahearn, Craig Kennedy and Jose H Villarreal
Petitioner: Britt Nederhood, Clifford Tindall, Eric Feigin, Kathleen Morris and Eng Kwang Tan
Case Number: 2:2013cv01410
Filed: July 15, 2013
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: XX US, Outside State
Presiding Judge: David G Campbell
Nature of Suit: Contract: Stockholders Suits
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 23, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2017 Filing 33 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed January 23, 2017 (in Lead Case CV-12-769-PHX-DGC), judgment is entered in favor of Defendants and against Plaintiffs. Plaintiffs' insider training and unjust enrichment claims having been dismissed with prejudice and their fiduciary duty claim having been dismissed without prejudice, Plaintiffs are to take nothing and this action is hereby dismissed. (ATD)
January 23, 2017 Opinion or Order Filing 32 ORDER - Plaintiffs have filed a request for entry of judgment. Doc. 99 (in Lead Case CV-12-00769-PHX-DGC). The Court previously dismissed Plaintiffs' insider trading and unjust enrichment claims with prejudice and their fiduciary duty claim without prejudice. Doc. 82. The Clerk shall enter Final judgment consistent with that order. Signed by Judge David G Campbell on 1/20/2017. (ATD)
August 13, 2013 Opinion or Order Filing 31 CONSOLIDATION ORDER - MEMBER CASE granting (Doc. 52) Motion to Consolidate filed in Lead Case CV-12-769-PHX-DGC. Case reassigned to Judge David G Campbell for all further proceedings. Judge Susan R Bolton terminated. Member Case CV-13-1410-PHX-SRB consolidated with Lead Case CV-12-769-PHX-DGC. Signed by Judge David G Campbell on 8/13/13. (LSP)
August 2, 2013 Filing 30 NOTICE re Filing of Motion to Consolidate by Clifford Tindall, Britt Nederhood, Kathleen Morris, Eng Kwang Tan, Eric Feigin . (Attachments: #1 Exhibit Motion to Consolidate & Proposed Order)(Aguilar, George)
July 29, 2013 Filing 29 STATUS REPORT (Joint Status Report) by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Craig Kennedy, James F Nolan, William J Post, J Thomas Presby, Bruce Sohn, Paul H Stebbins, Michael Sweeney, Jose H Villarreal, James Zhu. (Beyers, Maureen)
July 17, 2013 Opinion or Order Filing 28 ORDER: This case having been reassigned to this Court from the District of Delaware; IT IS ORDERED that counsel file within 10 days of the date of this Order a Joint Status Report concerning the status of this case. Signed by Judge Susan R Bolton on 7/17/13. (MAW)
July 15, 2013 Filing 27 Letter re Transfer of 1:12-cv-417-GMS from District of Delaware to the District of Arizona. New Case Number: CV-13-1410-PHX-SRB. (Attachments: #1 Consent Form)(MAP)
July 15, 2013 Filing 26 Case transferred in from District of Delaware; Case Number 1:12-cv-00417. Original file certified copy of transfer order and docket sheet received.
July 12, 2013 Opinion or Order Filing 25 ORDER adopting Report and Recommendations re #21 Report and Recommendations.; granting in part and denying in part #7 Motion to Dismiss.; The Clerk of Court is directed to transfer this action to the District of Arizona. Signed by Chief Judge Gregory M. Sleet on 7/12/2013. (asw) [Transferred from ded on 7/15/2013.]
July 12, 2013 Case electronically transferred to District of Arizona. (asw) [Transferred from ded on 7/15/2013.]
June 24, 2013 Opinion or Order Filing 24 ORDER Withdrawing Reference re (12 in 1:12-cv-00417-GMS-CJB, 5 in 1:12-cv-00456-GMS-CJB) Order Referring Case to Magistrate Judge. Signed by Chief Judge Gregory M. Sleet on 6/24/13. Associated Cases: 1:12-cv-00417-GMS-CJB, 1:12-cv-00456-GMS-CJB(mmm) [Transferred from ded on 7/15/2013.]
April 8, 2013 Filing 23 RESPONSE TO OBJECTIONS by First Solar Inc. re #22 Objection to Report and Recommendations . (Vrana, Robert) [Transferred from ded on 7/15/2013.]
March 21, 2013 Filing 22 OBJECTION to #21 Report and Recommendations by Curtis Brownlee, Chuluuntsetseg Tsevegmid. (Farnan, Brian) [Transferred from ded on 7/15/2013.]
March 4, 2013 Filing 21 REPORT AND RECOMMENDATIONS recommending that the Court GRANT Defendant's D.I. #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 3/21/2013. Signed by Judge Christopher J. Burke on 3/4/2013. (dlk) [Transferred from ded on 7/15/2013.]
October 4, 2012 Filing 20 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Plaintiffs' supplemental briefing in Opposition to Defendants' Motion to Dismiss or Transfer - re #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona. (Farnan, Brian) [Transferred from ded on 7/15/2013.]
October 4, 2012 Filing 19 Letter to The Honorable Christopher J. Burke from Robert M. Vrana regarding Defendants' supplemental briefing on their Motion to Dismiss or Transfer (D.I. 7) - re #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona. (Vrana, Robert) [Transferred from ded on 7/15/2013.]
September 27, 2012 Filing 18 Official Transcript of Hearing held on 09 20 12 before Judge Burke. Court Reporter/Transcriber Maurer. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/18/2012. Redacted Transcript Deadline set for 10/29/2012. Release of Transcript Restriction set for 12/26/2012. (kjm) [Transferred from ded on 7/15/2013.]
September 21, 2012 Opinion or Order SO ORDERED D.I. #17 MOTION for Pro Hac Vice Appearance of Attorney Nicholas I. Porritt filed by Chuluuntsetseg Tsevegmid. Signed by Judge Christopher J. Burke on 9/21/2012. (dlk) [Transferred from ded on 7/15/2013.]
September 21, 2012 Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 9/21/2012 re D.I. #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona The Court ordered simultaneous supplemental briefing within 14 calendar days, no more than 5 pages in length single spaced. (Court Reporter Kevin Maurer.) (dlk) [Transferred from ded on 7/15/2013.]
September 19, 2012 Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Nicholas I. Porritt - filed by Chuluuntsetseg Tsevegmid. Motions referred to Christopher J. Burke.(Farnan, Brian) [Transferred from ded on 7/15/2013.]
August 7, 2012 Filing 16 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding August 23, 2012 Oral Argument. (Farnan, Brian) [Transferred from ded on 7/15/2013.]
August 7, 2012 Opinion or Order SO ORDERED D.I. #16 Letter request to postpone the Motion Hearing set for 8/23/2012 before Judge Burke. Ordered by Judge Christopher J. Burke on 8/7/2012. (dlk) [Transferred from ded on 7/15/2013.]
August 7, 2012 Opinion or Order ORAL ORDER Setting Hearing on D.I. #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona : A Motion Hearing is set for 9/20/2012 at 02:00 PM in Courtroom 6C before Judge Christopher J. Burke. Each side has been allocated (45) forty-five minutes for argument. Ordered by Judge Christopher J. Burke on 8/7/2012. (dlk) [Transferred from ded on 7/15/2013.]
June 28, 2012 Opinion or Order ORAL ORDER Setting Hearing on D.I. #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona : A Motion Hearing is set for 8/23/2012 at 10:00 AM in Courtroom 6C before Judge Christopher J. Burke. Each side is allocated (45) forty-five minutes for argument. Ordered by Judge Christopher J. Burke on 6/28/2012. (dlk) [Transferred from ded on 7/15/2013.]
June 25, 2012 Filing 15 Letter to The Honorable Christopher J. Burke from Robert M. Vrana regarding Defendants' request for oral argument on their Motion to Dismiss - re #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona. (Vrana, Robert) [Transferred from ded on 7/15/2013.]
June 18, 2012 Filing 14 DECLARATION re #13 Reply Brief, Declaration of Anna Erickson White in Further Support of Defendants' Motion to Dismiss or Transfer by Michael J. Ahearn, First Solar Inc., Robert J. Gillette, Craig Kennedy, James F. Nolan, William J. Post, J. Thomas Presby, Bruce Sohn, Paul H. Stebbins, Michael Sweeney, Jose H. Villarreal, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Vrana, Robert) [Transferred from ded on 7/15/2013.]
June 18, 2012 Filing 13 REPLY BRIEF re #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona filed by Michael J. Ahearn, First Solar Inc., Robert J. Gillette, Craig Kennedy, James F. Nolan, William J. Post, J. Thomas Presby, Bruce Sohn, Paul H. Stebbins, Michael Sweeney, Jose H. Villarreal, James Zhu. (Vrana, Robert) [Transferred from ded on 7/15/2013.]
June 5, 2012 CASE REFERRED to Judge Christopher J. Burke for Mediation. Associated Cases: 1:12-cv-00417-GMS-CJB, 1:12-cv-00456-GMS-CJB(dlk) [Transferred from ded on 7/15/2013.]
June 5, 2012 Opinion or Order Filing 12 ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke. Signed by Chief Judge Gregory M. Sleet on 6/5/12. Associated Cases: 1:12-cv-00417-GMS, 1:12-cv-00456-GMS(mmm) [Transferred from ded on 7/15/2013.]
June 4, 2012 Filing 11 ANSWERING BRIEF in Opposition re #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona filed by Chuluuntsetseg Tsevegmid.Reply Brief due date per Local Rules is 6/14/2012. (Farnan, Brian) [Transferred from ded on 7/15/2013.]
May 23, 2012 Case Reassigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (bkb) [Transferred from ded on 7/15/2013.]
May 16, 2012 Opinion or Order SO ORDERED D.I. #6 MOTION for Pro Hac Vice Appearance of Attorney Jordan Eth and Attorney Anna Erickson White filed by Paul H. Stebbins, Jose H. Villarreal, James F. Nolan, Michael J. Ahearn, Bruce Sohn, Craig Kennedy, James Zhu, First Solar Inc., Michael Sweeney, Robert J. Gillette, William J. Post, J. Thomas Presby. Ordered by Judge Christopher J. Burke on 5/16/2012. (dlk) [Transferred from ded on 7/15/2013.]
May 15, 2012 Filing 10 DECLARATION re #8 Opening Brief in Support, Motion to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona [Declaration of Anna Erickson White] by Michael J. Ahearn, First Solar Inc., Robert J. Gillette, Craig Kennedy, James F. Nolan, William J. Post, J. Thomas Presby, Bruce Sohn, Paul H. Stebbins, Michael Sweeney, Jose H. Villarreal, James Zhu. (Attachments: #1 Exhibit A-C, #2 Exhibit D-F)(Vrana, Robert) [Transferred from ded on 7/15/2013.]
May 15, 2012 Filing 9 DECLARATION re #8 Opening Brief in Support, of Motion to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona [Declaration of Peter Bartolino] by Michael J. Ahearn, First Solar Inc., Robert J. Gillette, Craig Kennedy, James F. Nolan, William J. Post, J. Thomas Presby, Bruce Sohn, Paul H. Stebbins, Michael Sweeney, Jose H. Villarreal, James Zhu. (Vrana, Robert) [Transferred from ded on 7/15/2013.]
May 15, 2012 Filing 8 OPENING BRIEF in Support re #7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona filed by Michael J. Ahearn, First Solar Inc., Robert J. Gillette, Craig Kennedy, James F. Nolan, William J. Post, J. Thomas Presby, Bruce Sohn, Paul H. Stebbins, Michael Sweeney, Jose H. Villarreal, James Zhu.Answering Brief/Response due date per Local Rules is 6/1/2012. (Vrana, Robert) [Transferred from ded on 7/15/2013.]
May 15, 2012 Filing 7 MOTION to Dismiss for Improper Venue or in the Alternative, Move to Transfer This Action to the United States District Court for the District of Arizona - filed by Michael J. Ahearn, First Solar Inc., Robert J. Gillette, Craig Kennedy, James F. Nolan, William J. Post, J. Thomas Presby, Bruce Sohn, Paul H. Stebbins, Michael Sweeney, Jose H. Villarreal, James Zhu. (Attachments: #1 Text of Proposed Order)(Vrana, Robert) [Transferred from ded on 7/15/2013.]
May 4, 2012 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Jordan Eth and Attorney Anna Erickson White - filed by Michael J. Ahearn, First Solar Inc., Robert J. Gillette, Craig Kennedy, James F. Nolan, William J. Post, J. Thomas Presby, Bruce Sohn, Paul H. Stebbins, Michael Sweeney, Jose H. Villarreal, James Zhu. (Vrana, Robert) [Transferred from ded on 7/15/2013.]
April 30, 2012 All further pleadings and papers shall only be filed and docketed in the Lead Consolidated Action and shall bear the following caption: In re First Solar, Inc. Derivative Litigation. ) Case No. 1:12-cv-00417-CJB All orders, pleadings, motions and other documents shall, when filed and docketed in the Lead Case only shall be deemed filed and docketed in each individual case to the extent applicable. Associated Cases: 1:12-cv-00417-CJB, 1:12-cv-00456-CJB(dlk) [Transferred from ded on 7/15/2013.]
April 30, 2012 Opinion or Order SO ORDERED D.I. 4 in 1:12-cv-00417-CJB and D.I. 3 in 1:12-cv-00456-CJB Stipulation Consolidating Cases, Appointing Lead Plaintiffs and Appointing Co-Lead Counsel and Delaware Counsel and STAYING the Consolidated Action until Defendants' Motion To Transfer is decided. Signed by Judge Christopher J. Burke on 4/30/2012. Associated Cases: 1:12-cv-00417-CJB, 1:12-cv-00456-CJB(dlk) [Transferred from ded on 7/15/2013.]
April 26, 2012 Filing 5 NOTICE of Appearance by Robert M. Vrana on behalf of All Defendants (Vrana, Robert) [Transferred from ded on 7/15/2013.]
April 25, 2012 Filing 4 Joint STIPULATION and [Proposed] Order Consolidating Cases, Appointing Lead Plaintiffs, and Appointing Co-Lead Counsel and Delaware Counsel by Michael J. Ahearn, First Solar Inc., Robert J. Gillette, Craig Kennedy, James F. Nolan, William J. Post, J. Thomas Presby, Bruce Sohn, Paul H. Stebbins, Michael Sweeney, Chuluuntsetseg Tsevegmid, Jose H. Villarreal. (Vrana, Robert) [Transferred from ded on 7/15/2013.]
April 11, 2012 Case Assigned to Judge Christopher J. Burke. Please include the initials of the Judge (CJB) after the case number on all documents filed. This case has been randomly selected for direct assignment to a Magistrate Judge. If all parties consent to the case proceeding before a Magistrate Judge, they should submit Form AO 85 (Notice, Consent, and Reference of a Civil Action to a Magistrate Judge), signed by all parties or their attorneys, within sixty (60) days; that is, on or before 6/11/2012. All parties have a right to proceed before a District Judge. Accordingly, this case will be randomly reassigned to a District Judge upon the earlier of: (a) the filing of a case-dispositive motion (e.g., motion to dismiss, motion for judgment on the pleadings, or motion for summary judgment) or (b) the expiration of sixty (60) days without the filing of a signed copy of Form AO 85. No request to extend the sixty day period shall be filed. More information on the Court`s Pilot Program on direct assignment of cases to Magistrate Judges is available in the Court`s Standing Order, dated November 3, 2011, available on the Court`s website. (rjb) [Transferred from ded on 7/15/2013.]
April 10, 2012 Filing 3 SUMMONS Returned Executed by Chuluuntsetseg Tsevegmid. First Solar Inc. served on 4/4/2012, answer due 4/25/2012. (Farnan, Brian) [Transferred from ded on 7/15/2013.]
April 4, 2012 Summons Issued with Magistrate Consent Notice attached as to First Solar Inc. on 4/4/2012. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (lih) [Transferred from ded on 7/15/2013.]
April 3, 2012 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (lih) [Transferred from ded on 7/15/2013.]
April 3, 2012 Filing 1 VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT filed with Jury Demand against Michael J. Ahearn, First Solar Inc., Robert J. Gillette, Craig Kennedy, James F. Nolan, William J. Post, J. Thomas Presby, Bruce Sohn, Paul H. Stebbins, Michael Sweeney, Jose H. Villarreal - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1049303.) - filed by Chuluuntsetseg Tsevegmid. (Attachments: #1 Verification, #2 Civil Cover Sheet)(lih) [Transferred from ded on 7/15/2013.]

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Search for this case: Tsevegmid, et al v. Ahearn, et al
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Plaintiff: Curtis Brownlee
Represented By: Joseph James Farnan, III
Represented By: Michael J Farnan
Represented By: Brian E Farnan
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Plaintiff: Chuluuntsetseg Tsevegmid
Represented By: Joseph James Farnan, III
Represented By: Brian E Farnan
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Defendant: Robert J Gillette
Represented By: Robert M Vrana
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Defendant: James F Nolan
Represented By: Robert M Vrana
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Defendant: William J Post
Represented By: Robert M Vrana
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Defendant: J Thomas Presby
Represented By: Robert M Vrana
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Defendant: Bruce Sohn
Represented By: Robert M Vrana
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Defendant: James Zhu
Represented By: Robert M Vrana
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Defendant: Michael Sweeney
Represented By: Robert M Vrana
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Defendant: First Solar Incorporated
Represented By: Robert M Vrana
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Defendant: Paul H Stebbins
Represented By: Robert M Vrana
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Defendant: Michael J Ahearn
Represented By: Robert M Vrana
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Defendant: Craig Kennedy
Represented By: Robert M Vrana
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Defendant: Jose H Villarreal
Represented By: Robert M Vrana
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Petitioner: Britt Nederhood
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Petitioner: Clifford Tindall
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Petitioner: Eric Feigin
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Petitioner: Kathleen Morris
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Petitioner: Eng Kwang Tan
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