Basch v. Healy et al
Lei Wei and Eugene Basch |
Timothy G. Healy, Neil Moses, David B Brewster, Arthur W. Coviello, Jr., Richard Dieter, TJ Glauthier, Susan Tierney, James Baum, Peter Gyenes, Adam Grosser, James L. Turner and EnerNOC Inc. |
1:2013cv00766 |
May 3, 2013 |
US District Court for the District of Delaware |
Wilmington Office |
XX US, Outside State |
Gregory M Sleet |
Securities/Commodities |
28 U.S.C. § 1332 - Diversity: Securities & Exchange Commiss |
Plaintiff |
Docket Report
This docket was last retrieved on December 15, 2014. A more recent docket listing may be available from PACER.
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Filing 38 ORDER AND FINAL JUDGMENT in favor of Eugene Basch against EnerNOC Inc., Adam Grosser, Arthur W. Coviello, Jr, David B Brewster, James Baum, James L. Turner, Neil Moses, Peter Gyenes, Richard Dieter, Susan Tierney, TJ Glauthier, Timothy G. Healy (CASE CLOSED). Signed by Judge Gregory M. Sleet on 12/15/2014. (mdb) |
Minute Entry for proceedings held before Judge Gregory M. Sleet - Settlement Conference held on 12/15/2014. The Court will overrule the objections (DI #37 ) and approve the final settlement. An order of final judgment will be entered shortly. (Court Reporter Kevin Maurer.) (mdb) |
Filing 37 Letter to Clerk of Court from Michael T. McDonnell regarding Objection to Proposed Settlement. (mdb) |
Filing 36 DECLARATION re #35 Opening Brief in Support, of Brian E. Farnan by Eugene Basch. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Farnan, Brian) |
Filing 35 OPENING BRIEF in Support re #34 MOTION for Final Approval of the Proposed Settlement and for an Award of Attorneys' Fees and Reimbursement of Expenses filed by Eugene Basch.Answering Brief/Response due date per Local Rules is 12/8/2014. (Farnan, Brian) |
Filing 34 MOTION for Final Approval of the Proposed Settlement and for an Award of Attorneys' Fees and Reimbursement of Expenses - filed by Eugene Basch. (Farnan, Brian) |
Filing 33 AFFIDAVIT of Melissa Jordan re #31 SO ORDERED, Set Hearings, #30 Stipulation Mailing of the Notice of Pendency and Proposed Settlement to Class Action and Settlement Hearing filed by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner. (Measley, Dean) |
Filing 32 ORDER - The defendants' Motion to Dismiss for Failure to State a Claim (D.I. #16 ) is held in ABEYANCE awaiting the court's ruling on the parties' Stipulation of Settlement and Compromise. (D.I. 30). Signed by Judge Gregory M. Sleet on 9/23/2014. (mdb) |
Filing 31 SO ORDERED - re #30 Scheduling Order filed by Eugene Basch, ORDER, Setting Hearings( A Settlement Conference is set for 12/15/2014 at 10:00 AM in Courtroom 4A before Judge Gregory M. Sleet.). Signed by Judge Gregory M. Sleet on 9/23/2014. (mdb) |
CORRECTING ENTRY: The main document of DI #30 has been replaced to correct minor formatting errors per request from counsel. (mdb) |
Filing 30 STIPULATION of Settlement and Compromise by Eugene Basch. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Farnan, Brian) (Main Document 30 replaced on 8/8/2014) (mdb). |
Filing 29 SO ORDERED - re #28 Stipulation of Previously filed Motion Papers. Signed by Chief Judge Gregory M. Sleet on 6/11/2014. (mdb) |
Filing 28 STIPULATION Stipulation As To Previously-Filed Motion Papers re #21 Request for Oral Argument, #17 Opening Brief in Support, #19 Answering Brief in Opposition, #20 Reply Brief, #16 MOTION to Dismiss for Failure to State a Claim , #18 Declaration, #22 Statement by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner. (Measley, Dean) |
Filing 27 AMENDED COMPLAINT against James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner - filed by Eugene Basch. (Attachments: #1 Verification)(Farnan, Brian) |
Filing 26 SO ORDERED - re #25 MOTION to Substitute Party. Eugene Basch added. Lei Wei terminated. Signed by Chief Judge Gregory M. Sleet on 5/22/2014. (mdb) |
Filing 25 MOTION to Substitute Party: Eugene Basch to replace Plaintiff Lei Wei [Unopposed] - filed by Lei Wei. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Farnan, Brian) |
Filing 24 Letter to The Honorable Gregory M. Sleet from Brian E. Farnan regarding Sale of Shares and Substitution. (Farnan, Brian) |
ORAL ORDER CANCELLING A RULE 16.2b TELECONFERENCE: The Rule 16.2b Scheduling Teleconference previously set in this matter for Friday, February 7, 2014, at 10:15 AM with the Honorable Gregory M. Sleet has been CANCELLED. Ordered by Chief Judge Gregory M. Sleet on 2/6/2014. (asw) |
Filing 23 Joint STATUS REPORT by Lei Wei. (Farnan, Brian) |
ORAL ORDER SCHEDULING A RULE 16.2b TELECONFERENCE: A Rule 16.2b Scheduling Teleconference has been set in this matter for Friday, February 7, 2014, at 10:15 AM with the Honorable Gregory M. Sleet. The parties shall file a Joint Status Report (a sample can be found on the court's website) no later than NOON on Friday, January 31, 2014. Counsel for plaintiff is directed to initiate the call and contact chambers at (302) 573-4559 once all parties are on the line. Ordered by Chief Judge Sleet on 1/14/2014.(ctd) |
Filing 22 STATEMENT of Notice of Subsequent Authority by Lei Wei. (Attachments: #1 Exhibit A)(Farnan, Brian) |
Filing 21 REQUEST for Oral Argument by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner re #16 MOTION to Dismiss for Failure to State a Claim . (Measley, Dean) |
Filing 20 REPLY BRIEF re #16 MOTION to Dismiss for Failure to State a Claim filed by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner. (Measley, Dean) |
Filing 19 ANSWERING BRIEF in Opposition re #16 MOTION to Dismiss for Failure to State a Claim filed by Lei Wei.Reply Brief due date per Local Rules is 10/28/2013. (Farnan, Brian) |
Filing 18 DECLARATION re #17 Opening Brief in Support, of Defendants' Motion to Dismiss by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner. (Attachments: #1 Exhibit Exhibits A-C)(Measley, Dean) |
Filing 17 OPENING BRIEF in Support re #16 MOTION to Dismiss for Failure to State a Claim filed by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner.Answering Brief/Response due date per Local Rules is 9/16/2013. (Measley, Dean) |
Filing 16 MOTION to Dismiss for Failure to State a Claim - filed by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner. (Measley, Dean) |
Filing 15 SO ORDERED, re #14 STIPULATION TO EXTEND TIME Verified Shareholder Derivative and Class Action Complaint to August 30, 2013 filed by James Baum, David B Brewster, TJ Glauthier, Arthur W. Coviello, Jr., Peter Gyenes, Neil Moses, Timothy G. Healy, James L. Turner, EnerNOC Inc., Richard Dieter, Susan Tierney, Adam Grosser, Set/Reset Answer Deadlines: James Baum answer due 8/30/2013; David B Brewster answer due 8/30/2013; Arthur W. Coviello, Jr answer due 8/30/2013; Richard Dieter answer due 8/30/2013; EnerNOC Inc. answer due 8/30/2013; TJ Glauthier answer due 8/30/2013; Adam Grosser answer due 8/30/2013; Peter Gyenes answer due 8/30/2013; Timothy G. Healy answer due 8/30/2013; Neil Moses answer due 8/30/2013; Susan Tierney answer due 8/30/2013; James L. Turner answer due 8/30/2013. Signed by Chief Judge Gregory M. Sleet on 7/31/2013. (asw) |
Pro Hac Vice Attorney Timothy Perla for James Baum added for electronic noticing. (els) |
Filing 14 STIPULATION TO EXTEND TIME Verified Shareholder Derivative and Class Action Complaint to August 30, 2013 - filed by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner. (Measley, Dean) |
Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey B. Rudman, Andrea J. Robinson, Timothy Perla - filed by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner. (Measley, Dean) |
Filing 12 NOTICE requesting Clerk to remove Koji Fukumura and Peter Adams as co-counsel. Reason for request: withdrawal. (Measley, Dean) |
SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey B. Rudman, Andrea J. Robinson, Timothy Perla filed by James Baum, David B Brewster, TJ Glauthier, Arthur W. Coviello, Jr., Peter Gyenes, Neil Moses, Timothy G. Healy, James L. Turner, EnerNOC Inc., Richard Dieter, Susan Tierney, Adam Grosser. Ordered by Chief Judge Gregory M. Sleet on 7/17/2013. (asw) |
Filing 11 SO ORDERED, re #10 STIPULATION TO EXTEND TIME to respond to Plaintiffs' Derivative and Class Action Complaint to July 30, 2013 filed by James Baum, David B Brewster, TJ Glauthier, Arthur W. Coviello, Jr., Peter Gyenes, Neil Moses, Timothy G. Healy, James L. Turner, EnerNOC Inc., Richard Dieter, Susan Tierney, Adam Grosser, Set/Reset Answer Deadlines: James Baum answer due 7/30/2013; David B Brewster answer due 7/30/2013; Arthur W. Coviello, Jr answer due 7/30/2013; Richard Dieter answer due 7/30/2013; EnerNOC Inc. answer due 7/30/2013; TJ Glauthier answer due 7/30/2013; Adam Grosser answer due 7/30/2013; Peter Gyenes answer due 7/30/2013; Timothy G. Healy answer due 7/30/2013; Neil Moses answer due 7/30/2013; Susan Tierney answer due 7/30/2013; James L. Turner answer due 7/30/2013. Ordered by Chief Judge Gregory M. Sleet on 6/5/2013. (asw) (asw). |
Filing 10 STIPULATION TO EXTEND TIME to respond to Plaintiffs' Derivative and Class Action Complaint to July 30, 2013 - filed by James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, EnerNOC Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner. (Measley, Dean) |
Filing 9 Disclosure Statement pursuant to Rule 7.1 filed by EnerNOC Inc. identifying Corporate Parent EnerNOC, Inc. for EnerNOC Inc... (Measley, Dean) |
Filing 8 NOTICE of Appearance by Dean McKinley Measley on behalf of All Defendants (Measley, Dean) |
Remark: In accordance with D.I. #7 Notice of Withdrawal of Motion, the plaintiff's Motion for Preliminary Injunction D.I. #4 has been withdrawn and terminated. (mmm) |
Filing 7 NOTICE of Withdrawal of Motion for Preliminary Injunction by Lei Wei re #4 MOTION for Preliminary Injunction (Farnan, Brian) |
Filing 6 DECLARATION re #5 MEMORANDUM in Support by Lei Wei. (Attachments: #1 Exhibit A, #2 Exhibit B)(Piergiovanni, Rosemary) |
Filing 5 MEMORANDUM in Support re #4 MOTION for Preliminary Injunction filed by Lei Wei.Answering Brief/Response due date per Local Rules is 5/28/2013. (Attachments: #1 Certificate of Service)(Piergiovanni, Rosemary) |
Filing 4 MOTION for Preliminary Injunction - filed by Lei Wei. (Attachments: #1 Text of Proposed Order)(Piergiovanni, Rosemary) |
Filing 3 SUMMONS Returned Executed by Lei Wei. EnerNOC Inc. served on 5/6/2013, answer due 5/28/2013. (Farnan, Brian) |
Case Assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (rjb) |
Summons Issued with Magistrate Consent Notice attached as to EnerNOC Inc. on 5/6/2013. 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. (jeb, ) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (jeb, ) |
Filing 1 VERIFIED SHAREHOLDER DERIVATIVE AND CLASS ACTION COMPLAINT filed with Jury Demand against James Baum, David B Brewster, Arthur W. Coviello, Jr, Richard Dieter, Enernoc Inc., TJ Glauthier, Adam Grosser, Peter Gyenes, Timothy G. Healy, Neil Moses, Susan Tierney, James L. Turner - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1282889.) - filed by Lei Wei. (Attachments: #1 Verification, #2 Civil Cover Sheet)(jeb, ) |
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