Sjunde Ap-Fonden and The Cleveland Bakers and Teamsters Pension Fund, individually and on behalf of all others similarly situated, v. General Electric Company, et al.
Plaintiff: Jihad A. Hachem, International Fund Management S.A., Deka International S.A., Tampa Maritime Association-International Longshoremen's Association Pension Plan, Deka Investment GmbH and Cleveland Bakers and Teamsters Pension Fund
Defendant: Jeffrey R. Immelt, General Electric Company, John Flannery, Jeffrey S. Bornstein, General Electric Inc., Keith S. Sherin, Richard A Laxer, John L. Flannery, Jan R Hauser and Jamie Miller
Petitioner: Richard D. Haynie, New York City Police Pension Fund, New York City Fire Pension Fund, Michael Somma, Stichting Bedrijfstakpensioenfonds voor de Metalektro, Arkansas Teacher Retirement System, Teachers' Retirement System of the City of New York Variable Annuity Funds, New York City Employees' Retirement System, Police Officer's Variable Supplements Fund, Richard G. Pustari, John Lim, City of Boca Raton Police and Firefighters Retirement System, Stichting Mn Services Aandelendfonds Noord Amerika, Sjunde Ap-Fonden, Seamus Gilchrist, Stichting Pensioenfonds Metaal en Techniek, Fire Fighters' Variable Supplements Fund, Pension Trust Fund For Operating Engineers, Fire Officers' Variable Supplements Fund, David Tannenbaum, Police Supervisor Officers' Variable Supplements Fund, Bhanu Iyer, Teachers' Retirement System of The City of New York and JEFFREY KLOTZ
Interested Party: Scott+Scott Attorneys at Law LLP
Consolidated Plaintiff: Gopal Mirani
Intervenor Plaintiff: The Cleveland Bakers and Teamsters Pension Fund
Case Number: 1:2017cv08457
Filed: November 1, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Jesse M Furman
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2020 Opinion or Order Filing 200 REPLY MEMORANDUM OF LAW in Support re: #194 MOTION to Dismiss the Fifth Amended Complaint. . Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin..(Ruthberg, Miles)
February 28, 2020 Opinion or Order Filing 199 DECLARATION of Blake T. Denton in Support re: #194 MOTION to Dismiss the Fifth Amended Complaint.. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. (Attachments: #1 Exhibit 47 - GE 2014 10K (Excerpt), #2 Exhibit 48 - 2015 MetLife VA Rate Increase Report (Excerpt), #3 Exhibit 49 - 2016 NAIC Study (Excerpt), #4 Exhibit 50 - 2017 MetLife KY Disposition Notice (Excerpt), #5 Exhibit 51 - June 2018 GE 8K).(Denton, Blake)
January 31, 2020 Opinion or Order Filing 198 MEMORANDUM OF LAW in Opposition re: #194 MOTION to Dismiss the Fifth Amended Complaint. . Document filed by Cleveland Bakers and Teamsters Pension Fund, Sjunde Ap-Fonden..(Nirmul, Sharan)
January 31, 2020 Opinion or Order Filing 197 NOTICE OF APPEARANCE by Eric Gerard on behalf of Sjunde Ap-Fonden..(Gerard, Eric)
December 18, 2019 Opinion or Order Filing 196 MEMORANDUM OF LAW in Support re: #194 MOTION to Dismiss the Fifth Amended Complaint. . Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. (Ruthberg, Miles)
December 18, 2019 Opinion or Order Filing 195 DECLARATION of Blake T. Denton in Support re: #194 MOTION to Dismiss the Fifth Amended Complaint.. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. (Attachments: #1 Exhibit 1 - Fifth Amended Complaint, #2 Exhibit 2 - Fourth Amended Complaint, #3 Exhibit 3 - Appendix of Challenged Statements and Omissions, #4 Exhibit 4 - ASC 944-60-25, #5 Exhibit 5 - ASOP No. 10, #6 Exhibit 6 - ASOP No. 18, #7 Exhibit 7 - 2012 Milliman Survey, #8 Exhibit 8 - GE 2012 10K (Excerpt), #9 Exhibit 9 - GE Q1 2013 10Q (Excerpt), #10 Exhibit 10 - GE Q2 2013 10Q (Excerpt), #11 Exhibit 11 - GE Q3 2013 10Q (Excerpt), #12 Exhibit 12 - 2013 MetLife Rate Increase Filing (Excerpt), #13 Exhibit 13 - GE 2013 10K (Excerpt), #14 Exhibit 14 - GE Q1 2014 10Q (Excerpt), #15 Exhibit 15 - GE Q2 2014 10Q (Excerpt), #16 Exhibit 16 - GE Q3 2014 10Q (Excerpt), #17 Exhibit 17 - Dec. 2014 GE Outlook Transcript, #18 Exhibit 18 - Dec. 2014 GE Pivot Presentation, #19 Exhibit 19 - GE 2014 10K (Excerpt), #20 Exhibit 20 - GE Q1 2015 10Q (Excerpt), #21 Exhibit 21 - GE Q2 2015 10Q (Excerpt), #22 Exhibit 22 - GE Q3 2015 10Q (Excerpt), #23 Exhibit 23 - 2015 Milliman Survey, #24 Exhibit 24 - GE 2015 10K (Excerpt), #25 Exhibit 25 - GE Q1 2016 10Q (Excerpt), #26 Exhibit 26 - June 2016 GE Strategic Decisions Transcript, #27 Exhibit 27 - GE Q2 2016 Earnings Call Transcript, #28 Exhibit 28 - GE Q2 2016 10Q (Excerpt), #29 Exhibit 29 - GE Q3 2016 10Q (Excerpt), #30 Exhibit 30 - GE Q3 2016 10QA (Excerpt), #31 Exhibit 31 - GE Q4 2016 Earnings Call Transcript, #32 Exhibit 32 - Feb. 2017 GE Industrial Select Transcript, #33 Exhibit 33 - GE 2016 10K (Excerpt), #34 Exhibit 34 - Mar. 2017 GE JPMorgan Transcript, #35 Exhibit 35 - Credit Suisse Report, #36 Exhibit 36 - GE Q1 2017 Earnings Call Transcript, #37 Exhibit 37 - GE Q1 2017 Earnings Press Release, #38 Exhibit 38 - GE FLS Cautionary Language, #39 Exhibit 39 - GE Q1 2017 10Q (Excerpt), #40 Exhibit 40 - GE Q2 2017 10Q (Exceprt), #41 Exhibit 41 - GE Q3 2017 Earnings Call Transcript, #42 Exhibit 42 - GE Q3 2017 10Q (Excerpt), #43 Exhibit 43 - GE 2017 10K (Excerpt), #44 Exhibit 44 - Mar. 2019 GE Insurance Teach-In Transcript, #45 Exhibit 45 - Mar. 2019 GE Insurance Teach-In Presentation, #46 Exhibit 46 - Aug. 2019 GE Press Release)(Denton, Blake)
December 18, 2019 Opinion or Order Filing 194 MOTION to Dismiss the Fifth Amended Complaint. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin.(Ruthberg, Miles)
November 27, 2019 Opinion or Order Filing 193 ORDER granting #192 Letter Motion for Leave to File Excess Pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
November 26, 2019 Opinion or Order Filing 192 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Miles N. Ruthberg dated November 26, 2019. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin.(Ruthberg, Miles)
October 25, 2019 Opinion or Order Filing 191 FIFTH AMENDED COMPLAINT amending #179 Amended Complaint, against Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin with JURY DEMAND.Document filed by Sjunde Ap-Fonden, Cleveland Bakers and Teamsters Pension Fund. Related document: #179 Amended Complaint,. (Attachments: #1 Exhibit A - AP7 Certification, #2 Exhibit B - Cleveland Bakers Transaction Record)(Nirmul, Sharan)
September 23, 2019 Opinion or Order Filing 190 ORDER granting #189 Motion for Sarah A. Tomkowiak to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 23, 2019 Opinion or Order Filing 189 MOTION for Sarah A. Tomkowiak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17646699. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. (Attachments: #1 Affidavit of Sarah A. Tomkowiak in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order)(Tomkowiak, Sarah)
September 23, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #189 MOTION for Sarah A. Tomkowiak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17646699. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 20, 2019 Opinion or Order Filing 188 STIPULATION AND ORDER, NOW, THEREFORE, the parties stipulate and agree to the following, subject to the Court's approval: 1. Plaintiffs shall file a fifth amended complaint by October 25, 2019; 2. Defendants shall move, answer, or otherwise respond to the fifth amended complaint by December 18, 2019; 3. If Defendants move to dismiss the fifth amended complaint, Plaintiffs shall file their opposition brief by January 31, 2020; and 4. Any reply briefs shall be filed by February 28, 2020. IT IS SO ORDERED. (Amended Pleadings due by 10/25/2019., Motions due by 12/18/2019., Responses due by 1/31/2020, Replies due by 2/28/2020.) (Signed by Judge Jesse M. Furman on 9/20/19) (yv)
September 19, 2019 Opinion or Order Filing 187 PROPOSED STIPULATION AND ORDER. Document filed by Cleveland Bakers and Teamsters Pension Fund, Sjunde Ap-Fonden. (Nirmul, Sharan)
September 19, 2019 Opinion or Order Filing 186 JOINT LETTER addressed to Judge Jesse M. Furman from Sharan Nirmul and Miles N. Ruthberg dated September 19, 2019 re: the Court's August 29, 2019 Opinion and Order. Document filed by Cleveland Bakers and Teamsters Pension Fund, Sjunde Ap-Fonden. (Attachments: #1 Stipulation and [Proposed] Order)(Nirmul, Sharan)
August 29, 2019 Opinion or Order Filing 185 OPINION AND ORDER: For the foregoing reasons, Defendants' motion to dismiss is GRANTED, except as to (1) Plaintiffs' Section 10(b) and Rule 10b-5 claims concerning (a) factoring in GEs 2016 Form 10-K and (b) GEs failure to disclose factoring in its Class Period financial statements, which survive against GE and Bornstein; and (2) for now, Plaintiffs' Section 20(a) claims against each Individual Defendant. That leaves the question of whether Plaintiffs should be granted leave to amend the claims that have been dismissed. Although Plaintiffs already had one opportunity to amend their Complaint following Defendants' motion to dismiss, and were expressly warned that they would "not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss," ECF No. 175, the Court concludes that leave to amend is warranted given the nature of the Court's rulings and the sheer number of issues addressed. See, e.g., ATSI Commcns, 493 F.3d at 108 ("District courts typically grant plaintiffs at least one opportunity toplead fraud with greater specificity when they dismiss under Rule 9(b)."); see also, e.g., Sanchez v. ASA Coll., Inc., No. 14-CV-5006 JMF, 2015 WL 3540836, at *13 (S.D.N.Y. June 5, 2015)(granting leave to amend in spite of the plaintiffs earlier opportunity to amend). In particular,Plaintiffs may be able to allege additional facts regarding the Individual Defendants knowledge, or conscious disregard of, GEs actuarial issues (with respect to its LTC portfolio) and the trendsand risks it should have disclosed (with respect to its LTSAs) that would permit Plaintiffs to clear the scienter bar, see, e.g., Pirnik v. Fiat Chrysler Automobiles, N.V., No. 15-CV-7199(JMF), 2017 WL 3278928, at *4 (S.D.N.Y. Aug. 1, 2017), and as to their more threadbareclaims, to allege facts that may meet the requirements of Rules 8 and 9(b). Accordingly, by September 19, 2019, the parties shall meet and confer and submit ajoint letter, not to exceed four pages, concerning their views on the next steps in this litigation, including whether Plaintiffs plan to file a Fifth Amended Complaint and what an appropriate deadline and motion practice schedule would be in that event; whether a status conference is appropriate or necessary; and, if Plaintiffs do not intend to amend the Former Amended Complaint, whether the parties believe the Court should entertain supplemental briefing with respect to Plaintiffs' Section 20(a) claims in light of this Opinion and Order. The Clerk of Court is directed to terminate ECF No. 172. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/29/2019) (jca)
March 15, 2019 Opinion or Order Filing 184 MEMO ENDORSEMENT on re: (183 in 1:17-cv-08457-JMF) Letter filed by General Electric Company, (10 in 1:19-cv-01876-JMF) Letter, filed by Western & Southern Financial Group, Inc., Western-Southern Life Assurance Company, Western and Southern Life Insurance Company, Integrity Life Insurance Company, Touchstone Strategic Trust, Touchstone Variable Series Trust. ENDORSEMENT: The parties' proposal to defer any motion practice in the Touchstone matter is adopted. Accordingly, Defendants' deadline to answer or otherwise respond to the complaint in Touchstone is extended sine die. Within two weeks of the Court's ruling on the pending motion to dismiss in the Class Action, the parties in Touchstone shall submit a joint letter proposing next steps in that case. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/14/2019) (ne)
March 13, 2019 Opinion or Order Filing 183 LETTER addressed to Judge Jesse M. Furman from Steven S. Fitzgerald, Richard A. Russo, and Blake T. Denton dated March 13, 2019 re: Court Order (ECF Nos. 9 and 182). Document filed by General Electric Company.(Denton, Blake)
March 4, 2019 Opinion or Order Filing 182 ORDER: On February 28, 2019, the Court accepted Touchstone Strategic Trust, et al. v. General Electric Co., et al., No. 19-CV-1876, as related to Sjunde AP-Fonden et al. v. General Electric Co., et al., No. 17-CV-8457. In the interests of judicial economy, counsel for the parties in both cases are directed to confer with one another and, no later than March 13, 2019, to submit a joint letter addressing the parties' positions on how the Court should proceed with the new case, including whether the cases should be consolidated, see Fed. R. Civ. P. 42; how the rulings on any pending motions in No. 17-CV-8457 might apply to the claims in No. 19-CV-1876; whether there is a need for a conference to discuss any of the foregoing (or anything else); and anything else the parties think appropriately bears on the Court's management of the cases going forward. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/4/2019) (rro)
October 29, 2018 Opinion or Order Filing 181 DECLARATION of Blake T. Denton [Supplemental/Re: Fourth Amended Complaint] in Support re: #172 MOTION to Dismiss Third Amended Complaint.. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. (Attachments: #1 Exhibit 43 - Fourth Amended Complaint, #2 Exhibit 44 - ASC 606-10-25, #3 Exhibit 45 - GE 2011 10K (Excerpt), #4 Exhibit 46 - Dec 2014 GE Investor Presentation, #5 Exhibit 47 - Dec 2014 GE Investor Transcript, #6 Exhibit 48 - GE 2013 10K (Excerpt), #7 Exhibit 49 - GE 2014 10K (Excerpt), #8 Exhibit 50 - GE 2015 10K (Excerpt), #9 Exhibit 51 - GE 2016 10K (Excerpt))(Denton, Blake)
October 29, 2018 Opinion or Order Filing 180 REPLY MEMORANDUM OF LAW in Support re: #172 MOTION to Dismiss Third Amended Complaint. /Fourth Amended Complaint. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. (Ruthberg, Miles)
October 17, 2018 Opinion or Order Filing 179 FOURTH AMENDED COMPLAINT amending #157 Amended Complaint, against Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin with JURY DEMAND.Document filed by Sjunde Ap-Fonden, Cleveland Bakers and Teamsters Pension Fund. Related document: #157 Amended Complaint,. (Attachments: #1 Exhibit A - AP7 Certification, #2 Exhibit B - Cleveland Bakers Transaction Record)(Nirmul, Sharan)
October 12, 2018 Opinion or Order Filing 178 MEMORANDUM OF LAW in Opposition re: #172 MOTION to Dismiss Third Amended Complaint. . Document filed by Cleveland Bakers and Teamsters Pension Fund, Sjunde Ap-Fonden. (Nirmul, Sharan)
October 12, 2018 Opinion or Order Filing 177 JOINT STIPULATION AND ORDER REGARDING PLAINTIFFS' FILING OF A FOURTH AMENDED CONSOLIDATED CLASS ACTION COMPLAINT, IT IS HEREBY STIPULATED AND AGREED, by the Parties, through their undersigned counsel, subject to Court approval, as follows: Plaintiffs will promptly file a Fourth Amended Consolidated Class Action Complaint for Violations of the Federal Securities Laws removing allegations in 56, 250- 52, 265, 269-70, 279-82, 293, and 295, attributed to FE-6; Defendants agree that the Motion to Dismiss the Third Amended Consolidated Class Action Complaint (ECF Nos. 172-74) (the "Motion") shall apply to the Fourth Amended Consolidated Complaint. Plaintiffs shall file their Opposition to the Motion by October 12, 2018. Defendants shall file their Reply to the Opposition by October 29, 2018. SO ORDERED. (Responses due by 10/12/2019, Replies due by 10/29/2018.) (Signed by Judge Jesse M. Furman on 10/12/18) (yv)
October 10, 2018 Opinion or Order Filing 176 PROPOSED STIPULATION AND ORDER. Document filed by Cleveland Bakers and Teamsters Pension Fund, Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - Blackline of Complaint) (Nirmul, Sharan)
September 13, 2018 Opinion or Order Filing 175 ORDER: On September 12, 2018, Defendants filed a motion to dismiss the Third Amended Complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has twenty-one (21) days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that Plaintiffs shall file any amended complaint by October 3, 2018. Plaintiffs will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiffs do amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that it relies on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. Finally, in light of the voluntary dismissal of Jihad A. Hachem's claims (Docket No. 152), the Clerk of Court is directed to conform the docket to the caption set forth above. SO ORDERED. (Amended Pleadings due by 10/3/2018.) (Signed by Judge Jesse M. Furman on 9/13/2018) (ne)
September 12, 2018 Opinion or Order Filing 174 MEMORANDUM OF LAW in Support re: #172 MOTION to Dismiss Third Amended Complaint. . Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. (Ruthberg, Miles)
September 12, 2018 Opinion or Order Filing 173 DECLARATION of Blake T. Denton in Support re: #172 MOTION to Dismiss Third Amended Complaint.. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. (Attachments: #1 Exhibit 1 - Third Amended Complaint, #2 Exhibit 2 - Appendix of Challenged Statements, #3 Exhibit 3 - Appendix of FE Statements, #4 Exhibit 4 - GE 2017 Form 10K, #5 Exhibit 5 - GE Nov 2003 Form 8K, #6 Exhibit 6 - GE Q1 2007 Form 10Q, #7 Exhibit 7 - GE 2012 Form 10K, #8 Exhibit 8 - GE 2013 Form 10K, #9 Exhibit 9 - GE 2014 Form 10K, #10 Exhibit 10 - GE 2015 Form 10K, #11 Exhibit 11 - GE 2016 Form 10K, #12 Exhibit 12 - GE Jan 2018 Insurance Update, #13 Exhibit 13 - GE May 2013 Electrical Products Transcript, #14 Exhibit 14 - GE Q1 2017 Earnings Call, #15 Exhibit 15 - GE Apr 2018 Form 8K, #16 Exhibit 16 - GE Q2 2017 Earnings Call, #17 Exhibit 17 - GE Q2 2017 Form 10Q, #18 Exhibit 18 - GE Q3 2017 Form 10Q, #19 Exhibit 19 - GE Q3 2017 Earnings Call Transcript, #20 Exhibit 20 - GE Jan 2018 Form 8K, #21 Exhibit 21 - GE 1Q 2017 Earnings Press Release, #22 Exhibit 22 - GE Q1 2016 Form 10Q, #23 Exhibit 23 - GE Q2 2016 Form 10Q, #24 Exhibit 24 - GE Q3 2016 Form 10-Q, #25 Exhibit 25 - GE 3Q 2017 Earnings Press Release, #26 Exhibit 26 - GE Nov 2013 Investor Update, #27 Exhibit 27 - GE 4Q 2017 Earnings Call, #28 Exhibit 28 - GE 2005 Form 10K, #29 Exhibit 29 - GE Nov 2005 Form 8K, #30 Exhibit 30 - GE 2007 Form 10K, #31 Exhibit 31 - GE 2008 Form 10K, #32 Exhibit 32 - GE 2009 Form 10K, #33 Exhibit 33 - GE 2010 Form 10K, #34 Exhibit 34 - GE 2011 Form 10K, #35 Exhibit 35 - GE Q1 2015 Form 10Q, #36 Exhibit 36 - GE Q2 2015 Form 10Q, #37 Exhibit 37 - GE Q3 2015 Form 10-Q, #38 Exhibit 38 - JPM Analyst Report, #39 Exhibit 39 - 2016 Sanford Bernstein Transcript, #40 Exhibit 40 - Credit Suisse Analyst Report, #41 Exhibit 41 - Evercore Analyst Report, #42 Exhibit 42 - GE Website FLS Cautionary Statement)(Ruthberg, Miles)
September 12, 2018 Opinion or Order Filing 172 MOTION to Dismiss Third Amended Complaint. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. Responses due by 10/12/2018(Ruthberg, Miles)
August 30, 2018 Opinion or Order Filing 171 ORDER granting #170 Letter Motion for Leave to File Excess Pages to the briefing of Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 30, 2018 Opinion or Order Filing 170 CONSENT LETTER MOTION for Leave to File Excess Pages to the briefing of Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint addressed to Judge Jesse M. Furman from Miles N. Ruthberg dated August 30, 2018. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin.(Ruthberg, Miles)
August 9, 2018 Opinion or Order Filing 169 ORDER granting #168 Motion for Darren J. Check to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 8, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #168 MOTION for Darren J. Check to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15419792. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 7, 2018 Opinion or Order Filing 168 MOTION for Darren J. Check to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15419792. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - PA Certificate of Good Standing, #2 Exhibit B - NJ Certificate of Good Standing, #3 Exhibit C - NY Certificate of Good Standing, #4 Affidavit of Darren J. Check, #5 Text of Proposed Order)(Check, Darren)
August 7, 2018 Opinion or Order Filing 167 STIPULATION AND ORDER REGARDING MOTION TO DISMISS SCHEDULE: 1. All Defendants shall move, answer or otherwise respond to the Third Amended Complaint by September 12, 2018; 2. Pursuant to the Court's prior scheduling orders, if Defendants move to dismiss the Third Amended Complaint, Plaintiffs shall file their opposition brief on October 12, 2018; and 3. Any reply briefs shall be filed by October 22, 2018. The Clerk of Court is directed to terminate Docket No. 166. Jeffrey S. Bornstein answer due 9/12/2018; General Electric Company answer due 9/12/2018; General Electric Inc. answer due 9/12/2018; Jan R Hauser answer due 9/12/2018; Jeffrey R. Immelt answer due 9/12/2018; John L. Flannery answer due 9/12/2018; Richard A Laxer answer due 9/12/2018; Jamie Miller answer due 9/12/2018; Keith S. Sherin answer due 9/12/2018. ( Responses due by 10/12/2018, Replies due by 10/22/2018.) (Signed by Judge Jesse M. Furman on 8/6/2018) (mro)
August 2, 2018 Opinion or Order Filing 166 CONSENT LETTER MOTION for Extension of Time to File Motions to Dismiss addressed to Judge Jesse M. Furman from Miles N. Ruthberg dated August 2, 2018. Document filed by Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin. (Attachments: #1 Stipulation and Proposed Order Regarding Motion to Dismiss Schedule)(Ruthberg, Miles)
August 2, 2018 Opinion or Order Filing 165 NOTICE OF APPEARANCE by Sean M. Berkowitz on behalf of Jan R Hauser, Richard A Laxer. (Berkowitz, Sean)
August 2, 2018 Opinion or Order Filing 164 NOTICE OF APPEARANCE by Blake Thomas Denton on behalf of Jan R Hauser, Richard A Laxer. (Denton, Blake)
August 2, 2018 Opinion or Order Filing 163 NOTICE OF APPEARANCE by William J. Trach on behalf of Jan R Hauser, Richard A Laxer. (Trach, William)
August 2, 2018 Opinion or Order Filing 162 NOTICE OF APPEARANCE by Miles Norman Ruthberg on behalf of Jan R Hauser, Richard A Laxer. (Ruthberg, Miles)
July 26, 2018 Opinion or Order Filing 161 ELECTRONIC SUMMONS ISSUED as to Jan R Hauser. (pc)
July 26, 2018 Opinion or Order Filing 160 ELECTRONIC SUMMONS ISSUED as to Richard A Laxer. (pc)
July 25, 2018 Opinion or Order Filing 159 REQUEST FOR ISSUANCE OF SUMMONS as to Jan R. Hauser, re: #157 Amended Complaint,. Document filed by Cleveland Bakers and Teamsters Pension Fund, Sjunde Ap-Fonden. (Nirmul, Sharan)
July 25, 2018 Opinion or Order Filing 158 REQUEST FOR ISSUANCE OF SUMMONS as to Richard A. Laxer, re: #157 Amended Complaint,. Document filed by Cleveland Bakers and Teamsters Pension Fund, Sjunde Ap-Fonden. (Nirmul, Sharan)
July 25, 2018 Opinion or Order Filing 157 THIRD AMENDED COMPLAINT amending #83 Amended Complaint, against Jeffrey S. Bornstein, General Electric Company, Jan R Hauser, Jeffrey R. Immelt, Richard A Laxer, Jamie Miller, Keith S. Sherin with JURY DEMAND.Document filed by Sjunde Ap-Fonden, Cleveland Bakers and Teamsters Pension Fund. Related document: #83 Amended Complaint,. (Attachments: #1 Exhibit A - AP7 Certification, #2 Exhibit B - Cleveland Bakers Transaction Record)(Nirmul, Sharan)
July 25, 2018 Opinion or Order Filing 156 ORDER: Lead Counsel is granted leave to re-file the Third Amended Complaint (with the errors identified by the Clerk's Office corrected, but no other changes to the version filed on July 23, 2018) by July 26, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/25/2018) (Text Only Order)(Furman, Jesse)
July 24, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sharan Nirmul to RE-FILE Document No. #155 Request for Issuance of Summons, #154 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
July 24, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sharan Nirmul to RE-FILE re: Document No. #153 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Jamie Miller does not match what is listed on the amended complaint caption title. The amended complaint was incorrectly filed on the due date so permission from Chambers will have to be acquired for the correctly filed amended complaint to be accepted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
July 23, 2018 Opinion or Order Filing 155 REQUEST FOR ISSUANCE OF SUMMONS as to Richard A. Laxer, re: #153 Amended Complaint,. Document filed by Cleveland Bakers and Teamsters Pension Fund, Sjunde Ap-Fonden. (Nirmul, Sharan)
July 23, 2018 Opinion or Order Filing 154 REQUEST FOR ISSUANCE OF SUMMONS as to Jan R. Hauser, re: #153 Amended Complaint,. Document filed by Cleveland Bakers and Teamsters Pension Fund, Sjunde Ap-Fonden. (Nirmul, Sharan)
July 23, 2018 Opinion or Order Filing 153 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - THIRD AMENDED COMPLAINT amending #83 Amended Complaint, against Jeffrey S. Bornstein, General Electric Company, Jeffrey R. Immelt, Jamie Miller, Keith S. Sherin, Jan R Hauser, Richard A Laxer with JURY DEMAND.Document filed by Sjunde Ap-Fonden, Cleveland Bakers and Teamsters Pension Fund. Related document: #83 Amended Complaint,. (Attachments: #1 Exhibit A - AP7 Certification, #2 Exhibit B - Cleveland Bakers Transaction Record)(Nirmul, Sharan) Modified on 7/24/2018 (pc).
July 23, 2018 Opinion or Order Filing 152 PLAINTIFF JIHAD A. HACHEM'S NOTICE OF VOLUNTARY DISMISSAL: NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), Plaintiff Jihad Hachem ("Plaintiff") hereby voluntarily dismisses his claims without prejudice to his ability to participate in this consolidated action as an absent class member. As grounds thereof, Plaintiff states that no opposing party has served either an answer or a motion for summary judgement. Further, the putative class's interests will continue to be represented by court-appointed lead plaintiff Sjunde AP-Fonden and court-appointed lead counsel, Kessler Topaz Meltzer & Check, LLP. The Clerk of Court is directed to terminate Plaintiff Jihad Hachem as a party. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/23/2018) (ne)
July 20, 2018 Opinion or Order Filing 151 NOTICE of Voluntary Dismissal of Individual Plaintiff Jihad A. Hachem. Document filed by Jihad A. Hachem. (Portnoy, Lesley)
July 19, 2018 Opinion or Order Filing 150 NOTICE OF APPEARANCE by David Kessler on behalf of Sjunde Ap-Fonden. (Kessler, David)
July 17, 2018 Opinion or Order Filing 149 ORDER granting #145 Motion for Evan R. Hoey to Appear Pro Hac Vice; granting #146 Motion for Joshua A. Materese to Appear Pro Hac Vice; granting #147 Motion for Michelle M. Newcomer to Appear Pro Hac Vice; granting #148 Motion for Richard A. Russo, Jr. to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 17, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #146 MOTION for Joshua A. Materese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15328715. Motion and supporting papers to be reviewed by Clerk's Office staff., #148 MOTION for Richard A. Russo, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15328856. Motion and supporting papers to be reviewed by Clerk's Office staff., #147 MOTION for Michelle M. Newcomer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15328798. Motion and supporting papers to be reviewed by Clerk's Office staff., #145 MOTION for Evan R. Hoey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15328657. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 16, 2018 Opinion or Order Filing 148 MOTION for Richard A. Russo, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15328856. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - PA Certificate of Good Standing, #2 Exhibit B - NJ Certificate of Good Standing, #3 Affidavit of Richard A. Russo, Jr., #4 Text of Proposed Order)(Russo, Richard)
July 16, 2018 Opinion or Order Filing 147 MOTION for Michelle M. Newcomer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15328798. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - PA Certificate of Good Standing, #2 Exhibit B - NJ Certificate of Good Standing, #3 Affidavit of Michelle M. Newcomer, #4 Text of Proposed Order)(Newcomer, Michelle)
July 16, 2018 Opinion or Order Filing 146 MOTION for Joshua A. Materese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15328715. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - PA Certificate of Good Standing, #2 Exhibit B - NJ Certificate of Good Standing, #3 Affidavit of Joshua A. Materese, #4 Text of Proposed Order)(Materese, Joshua)
July 16, 2018 Opinion or Order Filing 145 MOTION for Evan R. Hoey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15328657. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - PA Certificate of Good Standing, #2 Affidavit of Evan R. Hoey, #3 Text of Proposed Order)(Hoey, Evan)
July 16, 2018 Opinion or Order Filing 144 NOTICE OF APPEARANCE by Sharan Nirmul on behalf of Sjunde Ap-Fonden. (Nirmul, Sharan)
July 2, 2018 Opinion or Order Filing 143 ORDER granting #142 Letter Motion for Extension of Time to Amend. The deadline for Lead Plaintiff to file the Third Amended Complaint is extended to July 23, 2018. The other deadlines are extended correspondingly. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 2, 2018 Opinion or Order Filing 142 LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Jesse M. Furman from Gregory M. Castaldo dated July 2, 2018. Document filed by Sjunde Ap-Fonden.(Castaldo, Gregory)
June 5, 2018 Opinion or Order Filing 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/23/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 5, 2018 Opinion or Order Filing 140 TRANSCRIPT of Proceedings re: conference held on 5/23/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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 6/26/2018. Redacted Transcript Deadline set for 7/6/2018. Release of Transcript Restriction set for 9/4/2018.(McGuirk, Kelly)
May 30, 2018 Opinion or Order Filing 139 ORDER GRANTING THE MOTION OF SJUNDE AP-FONDEN FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF ITS SELECTION OF COUNSEL terminating #87 Motion to Appoint; terminating #90 Motion to Appoint; terminating #93 Motion to Appoint; granting #96 Motion to Appoint. IT IS HEREBY ORDERED THAT: 1. The AP7 Motion is granted. 2. Pursuant to 15 U.S.C. 78u-4(a)(3)(B), AP7 is appointed to serve as Lead Plaintiff in the above-captioned consolidated action. 3. Pursuant to 15 U.S.C. 78u-4(a)(3)(B)(v), AP7's selection of Kessler Topaz Meltzer & Check, LLP ("Kessler Topaz") as Lead Counsel for the class is approved. Lead Counsel shall have the authority to speak for all plaintiffs and class members in all matters regarding the litigation, including, but not limited to, pre-trial proceedings, motion practice, trial, and settlement. Additionally, Lead Counsel shall have the following responsibilities: (See document.) The Clerk of Court is directed to terminate Docket Nos. 87, 90, 93, and 96. (Signed by Judge Jesse M. Furman on 5/29/2018) (ras)
May 23, 2018 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 5/23/2018. Court reporter present. -- See Judgment. (ab)
May 23, 2018 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 5/23/2018. Court reporter present. -- See transcript. (ab)
May 23, 2018 Opinion or Order Filing 138 NOTICE OF APPEARANCE by Caitlin M. Moyna on behalf of Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Moyna, Caitlin)
May 23, 2018 Opinion or Order Filing 137 NOTICE OF APPEARANCE by Daniel Lawrence Berger on behalf of Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Berger, Daniel)
May 23, 2018 Opinion or Order Filing 136 NOTICE OF APPEARANCE by Michael Joseph Miarmi on behalf of Fire Fighters' Variable Supplements Fund, Fire Officers' Variable Supplements Fund, New York City Employees' Retirement System, New York City Fire Pension Fund, New York City Police Pension Fund, Police Officer's Variable Supplements Fund, Police Supervisor Officers' Variable Supplements Fund, Teachers' Retirement System of The City of New York, Teachers' Retirement System of the City of New York Variable Annuity Funds. (Miarmi, Michael)
May 23, 2018 Opinion or Order Filing 135 NOTICE OF APPEARANCE by Steven E. Fineman on behalf of Fire Fighters' Variable Supplements Fund, Fire Officers' Variable Supplements Fund, New York City Employees' Retirement System, New York City Fire Pension Fund, New York City Police Pension Fund, Police Officer's Variable Supplements Fund, Police Supervisor Officers' Variable Supplements Fund, Teachers' Retirement System of The City of New York, Teachers' Retirement System of the City of New York Variable Annuity Funds. (Fineman, Steven)
May 22, 2018 Opinion or Order Filing 134 ORDER granting #133 Motion for Gregory M. Castaldo to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 22, 2018 Opinion or Order Filing 133 MOTION for Gregory M. Castaldo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15100016. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - PA Certificate of Good Standing, #2 Exhibit B - NJ Certificate of Good Standing, #3 Affidavit of Gregory M. Castaldo, #4 Text of Proposed Order)(Castaldo, Gregory)
May 22, 2018 Opinion or Order Filing 132 ORDER terminating #98 Motion to Appoint Counsel and to Appoint Lead Plaintiff as withdrawn. See Docket No. #127 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 22, 2018 Opinion or Order Filing 131 ORDER granting #128 Motion for Ryan T. Degnan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 22, 2018 Opinion or Order Filing 130 NOTICE OF APPEARANCE by Francis Paul McConville on behalf of Arkansas Teacher Retirement System. (McConville, Francis)
May 22, 2018 Opinion or Order Filing 129 NOTICE OF APPEARANCE by Christopher J. Keller on behalf of Arkansas Teacher Retirement System. (Keller, Christopher)
May 22, 2018 Opinion or Order Filing 128 MOTION for Ryan T. Degnan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15099152. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - PA Certificate of Good Standing, #2 Exhibit B- NJ Certificate of Good Standing, #3 Affidavit of Ryan T. Degnan, #4 Text of Proposed Order)(Degnan, Ryan)
May 22, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #133 MOTION for Gregory M. Castaldo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15100016. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
May 22, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #128 MOTION for Ryan T. Degnan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15099152. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 21, 2018 Opinion or Order Filing 127 NOTICE of Withdrawal of Motion re: #98 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. MOTION to Appoint Stichting Pensioenfonds Metaal en Techniek (PMT), Stichting Bedrijfstakpensioenfonds voor de Metalektro (PME) and Stichting Mn Services Aandelendfonds Noord Amerika (the MN North America Fund) to serve as lead plaintiff(s) .. Document filed by Stichting Bedrijfstakpensioenfonds voor de Metalektro, Stichting Mn Services Aandelendfonds Noord Amerika, Stichting Pensioenfonds Metaal en Techniek. (Rudman, Samuel)
May 21, 2018 Opinion or Order Filing 126 NOTICE OF APPEARANCE by Naumon A Amjed on behalf of Sjunde Ap-Fonden. (Amjed, Naumon)
May 18, 2018 Opinion or Order Filing 125 LETTER addressed to Judge Jesse M. Furman from Daniel L. Berger dated May 18, 2018 re: Hachem v. General Electric Inc., et al.. Document filed by Deka International S.A., Deka Investment GmbH, International Fund Management S.A..(Berger, Daniel)
May 17, 2018 Opinion or Order Filing 124 REPLY to Response to Motion re: #98 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. MOTION to Appoint Stichting Pensioenfonds Metaal en Techniek (PMT), Stichting Bedrijfstakpensioenfonds voor de Metalektro (PME) and Stichting Mn Services Aandelendfonds Noord Amerika (the MN North America Fund) to serve as lead plaintiff(s) . . Document filed by Stichting Bedrijfstakpensioenfonds voor de Metalektro, Stichting Mn Services Aandelendfonds Noord Amerika, Stichting Pensioenfonds Metaal en Techniek. (Attachments: #1 Declaration of Patrick W. Daniels)(Rudman, Samuel)
May 17, 2018 Opinion or Order Filing 123 DECLARATION of Naumon A. Amjed in Support re: #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel.. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - Mansson Expert Declaration, #2 Exhibit B - Grottheim Article, #3 Exhibit C - Ocwen, ECF No. 158, #4 Exhibit D - Ocwen, ECF No. 341, #5 Exhibit E - Johnson & Johnson, ECF No. 7, #6 Exhibit F - Johnson & Johnson, ECF No. 131, #7 Exhibit G - Qualcomm, ECF No. 31, #8 Exhibit H - JPMorgan, ECF No. 29)(Amjed, Naumon)
May 17, 2018 Opinion or Order Filing 122 REPLY MEMORANDUM OF LAW in Support re: #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel. . Document filed by Sjunde Ap-Fonden. (Amjed, Naumon)
May 17, 2018 Opinion or Order Filing 121 DECLARATION of Daniel L. Berger in Support re: #93 MOTION to Appoint Deka Investment GmbH, Deka International S.A., and International Fund Management S.A. to serve as lead plaintiff(s) and Approval of Its Selection of Lead Counsel.. Document filed by Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Berger, Daniel)
May 17, 2018 Opinion or Order Filing 120 REPLY MEMORANDUM OF LAW in Support re: #93 MOTION to Appoint Deka Investment GmbH, Deka International S.A., and International Fund Management S.A. to serve as lead plaintiff(s) and Approval of Its Selection of Lead Counsel. . Document filed by Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Berger, Daniel)
May 17, 2018 Opinion or Order Filing 119 REPLY to Response to Motion re: #90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. . Document filed by Arkansas Teacher Retirement System. (Keller, Christopher)
May 17, 2018 Opinion or Order Filing 118 REPLY to Response to Motion re: #87 MOTION to Appoint the New York City Pension Funds to serve as lead plaintiff(s) and Approve their selection of Lieff Cabraser Heimann & Bernstein, LLP as lead counsel. . Document filed by Fire Fighters' Variable Supplements Fund, Fire Officers' Variable Supplements Fund, New York City Employees' Retirement System, New York City Fire Pension Fund, New York City Police Pension Fund, Police Officer's Variable Supplements Fund, Police Supervisor Officers' Variable Supplements Fund, Teachers' Retirement System of The City of New York, Teachers' Retirement System of the City of New York Variable Annuity Funds. (Fineman, Steven)
May 15, 2018 Opinion or Order Filing 117 NOTICE OF APPEARANCE by Samuel Howard Rudman on behalf of Stichting Bedrijfstakpensioenfonds voor de Metalektro, Stichting Mn Services Aandelendfonds Noord Amerika, Stichting Pensioenfonds Metaal en Techniek. (Rudman, Samuel)
May 15, 2018 Opinion or Order Filing 116 MEMO ENDORSEMENT on re: (53 in 1:18-cv-03355-JMF) Letter,, filed by Steven M. Mollenkopf, Francisco D'Souza, Jeffrey R. Immelt, James E. Rohr, Mary L. Schapiro, Andrea Jung, Susan J. Hockfield, Risa Lavizzo-Mourey, John J. Brennan, James J. Mulva, Marijn E. Dekkers, Peter B. Henry, Jamie Miller, Sebastien M. Bazin, James S. Tisch, General Electric Company, Edward P. Garden, Rochelle B. Lazarus, W. Geoffrey Beattie, Jeffrey S. Bornstein, John L. Flannery. ENDORSEMENT: Upon review of this and the other letters submitted in response to the Court's prior order, the Court agrees that coordination rather than consolidation is appropriate in these cases. In light of the lead plaintiff motion practice in 17-CV-8457 and the motion to dismiss that Defendants plan to file in 18-CV-3355, the Court sees no need to take further action at this time. The Clerk of Court is directed to docket this in both cases. (Signed by Judge Jesse M. Furman on 5/15/2018) (mro)
May 14, 2018 Opinion or Order Filing 115 LETTER addressed to Judge Jesse M. Furman from Naumon A. Amjed dated May 14, 2018 re: Response to Court's May 10, 2018 Order (Objection to Consolidation). Document filed by Sjunde Ap-Fonden.(Amjed, Naumon)
May 14, 2018 Opinion or Order Filing 114 LETTER addressed to Judge Jesse M. Furman from David A. Rosenfeld dated May 14, 2018 re: response to Court's May 10, 2018 Order re consolidation of cases. Document filed by Stichting Bedrijfstakpensioenfonds voor de Metalektro, Stichting Mn Services Aandelendfonds Noord Amerika, Stichting Pensioenfonds Metaal en Techniek.(Rosenfeld, David)
May 14, 2018 Opinion or Order Filing 113 ORDER granting #112 Letter Motion for Leave to File Reply Brief. Upon reflection, and to ensure a comprehensive record, the Court grants leave to all Movants to file replies, not to exceed four pages each, by May 17, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 14, 2018 Opinion or Order Filing 112 LETTER MOTION for Leave to File Reply Brief addressed to Judge Jesse M. Furman from Daniel L. Berger dated May 14, 2018. Document filed by Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Attachments: #1 Text of Proposed Order)(Berger, Daniel)
May 14, 2018 Opinion or Order Filing 111 ORDER with respect to #96 and #98 Motions to Appoint Lead Plaintiffs. The MN Funds and Sjunde AP-Fonden are granted leave to file replies, no later than May 17, 2018, and not to exceed four pages each, in response to one another's opposition papers. (Docket Nos. #105 , #109 ). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 11, 2018 Opinion or Order Filing 110 DECLARATION of David A. Rosenfeld in Opposition re: #93 MOTION to Appoint Deka Investment GmbH, Deka International S.A., and International Fund Management S.A. to serve as lead plaintiff(s) and Approval of Its Selection of Lead Counsel., #87 MOTION to Appoint the New York City Pension Funds to serve as lead plaintiff(s) and Approve their selection of Lieff Cabraser Heimann & Bernstein, LLP as lead counsel., #90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel., #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel.. Document filed by Stichting Bedrijfstakpensioenfonds voor de Metalektro, Stichting Mn Services Aandelendfonds Noord Amerika, Stichting Pensioenfonds Metaal en Techniek. (Attachments: #1 Exhibit A - Chart of Lax factors)(Rosenfeld, David)
May 11, 2018 Opinion or Order Filing 109 MEMORANDUM OF LAW in Opposition re: #93 MOTION to Appoint Deka Investment GmbH, Deka International S.A., and International Fund Management S.A. to serve as lead plaintiff(s) and Approval of Its Selection of Lead Counsel., #87 MOTION to Appoint the New York City Pension Funds to serve as lead plaintiff(s) and Approve their selection of Lieff Cabraser Heimann & Bernstein, LLP as lead counsel., #90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel., #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel. . Document filed by Stichting Bedrijfstakpensioenfonds voor de Metalektro, Stichting Mn Services Aandelendfonds Noord Amerika, Stichting Pensioenfonds Metaal en Techniek. (Rosenfeld, David)
May 11, 2018 Opinion or Order Filing 108 DECLARATION of Naumon A. Amjed in Support re: #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel.. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - Volume Chart, #2 Exhibit B - Nye Declaration)(Amjed, Naumon)
May 11, 2018 Opinion or Order Filing 107 DECLARATION of Daniel L. Berger in Opposition re: #87 MOTION to Appoint the New York City Pension Funds to serve as lead plaintiff(s) and Approve their selection of Lieff Cabraser Heimann & Bernstein, LLP as lead counsel., #90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel., #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel., #98 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. MOTION to Appoint Stichting Pensioenfonds Metaal en Techniek (PMT), Stichting Bedrijfstakpensioenfonds voor de Metalektro (PME) and Stichting Mn Services Aandelendfonds Noord Amerika (the MN North America Fund) to serve as lead plaintiff(s) .. Document filed by Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Berger, Daniel)
May 11, 2018 Opinion or Order Filing 106 MEMORANDUM OF LAW in Opposition re: #87 MOTION to Appoint the New York City Pension Funds to serve as lead plaintiff(s) and Approve their selection of Lieff Cabraser Heimann & Bernstein, LLP as lead counsel., #98 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. MOTION to Appoint Stichting Pensioenfonds Metaal en Techniek (PMT), Stichting Bedrijfstakpensioenfonds voor de Metalektro (PME) and Stichting Mn Services Aandelendfonds Noord Amerika (the MN North America Fund) to serve as lead plaintiff(s) ., #90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel., #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel. . Document filed by Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Berger, Daniel)
May 11, 2018 Opinion or Order Filing 105 RESPONSE to Motion re: #93 MOTION to Appoint Deka Investment GmbH, Deka International S.A., and International Fund Management S.A. to serve as lead plaintiff(s) and Approval of Its Selection of Lead Counsel., #87 MOTION to Appoint the New York City Pension Funds to serve as lead plaintiff(s) and Approve their selection of Lieff Cabraser Heimann & Bernstein, LLP as lead counsel., #98 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. MOTION to Appoint Stichting Pensioenfonds Metaal en Techniek (PMT), Stichting Bedrijfstakpensioenfonds voor de Metalektro (PME) and Stichting Mn Services Aandelendfonds Noord Amerika (the MN North America Fund) to serve as lead plaintiff(s) ., #90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. and in Further Support of the Motion of Sjunde AP-Fonden for Appointment as Lead Plaintiff and Approval of Its Selection of Counsel. Document filed by Sjunde Ap-Fonden. (Amjed, Naumon)
May 11, 2018 Opinion or Order Filing 104 RESPONSE to Motion re: #93 MOTION to Appoint Deka Investment GmbH, Deka International S.A., and International Fund Management S.A. to serve as lead plaintiff(s) and Approval of Its Selection of Lead Counsel., #98 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. MOTION to Appoint Stichting Pensioenfonds Metaal en Techniek (PMT), Stichting Bedrijfstakpensioenfonds voor de Metalektro (PME) and Stichting Mn Services Aandelendfonds Noord Amerika (the MN North America Fund) to serve as lead plaintiff(s) ., #90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel., #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel. . Document filed by Fire Fighters' Variable Supplements Fund, Fire Officers' Variable Supplements Fund, New York City Employees' Retirement System, New York City Fire Pension Fund, New York City Police Pension Fund, Police Officer's Variable Supplements Fund, Police Supervisor Officers' Variable Supplements Fund, Teachers' Retirement System of The City of New York, Teachers' Retirement System of the City of New York Variable Annuity Funds. (Fineman, Steven)
May 11, 2018 Opinion or Order Filing 103 NOTICE of Non-Opposition of Arkansas Teacher Retirement System for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. Document filed by Arkansas Teacher Retirement System. (Keller, Christopher)
May 10, 2018 Opinion or Order Filing 102 ORDER. On November 1, 2017, Plaintiff Jihad A. Hachem filed a complaint in 17-CV-8457. On April 17, 2018, Plaintiff Malka Raul filed a similar complaint in 18-CV-3355, which was recently reassigned from Judge Broderick to the undersigned. As of this Order, no motion for consolidation has been filed, but 18-CV-3355 has been accepted by the Court as related to 17-CV-8457, and the cases appear to involve common questions of law and fact. The Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by May 14, 2018. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. In the meantime, all dates and deadlines set in 17-CV-8457, including the dates and deadlines for appointment of lead plaintiff (see Docket No. 86) remain in effect. So ordered. (Signed by Judge Jesse M. Furman on 5/9/2018) (rjm)
May 4, 2018 Opinion or Order Filing 101 DECLARATION of Naumon A. Amjed in Support re: #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel.. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Loss Analysis, #3 Exhibit C - Kessler Topaz Firm Resume)(Amjed, Naumon)
May 4, 2018 Opinion or Order Filing 100 DECLARATION of David A. Rosenfeld in Support re: #98 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. MOTION to Appoint Stichting Pensioenfonds Metaal en Techniek (PMT), Stichting Bedrijfstakpensioenfonds voor de Metalektro (PME) and Stichting Mn Services Aandelendfonds Noord Amerika (the MN North America Fund) to serve as lead plaintiff(s) .. Document filed by Stichting Bedrijfstakpensioenfonds voor de Metalektro, Stichting Mn Services Aandelendfonds Noord Amerika, Stichting Pensioenfonds Metaal en Techniek. (Attachments: #1 Exhibit A (press release), #2 Exhibit B (certification), #3 Exhibit C (loss charts), #4 Exhibit D (firm resume))(Rosenfeld, David)
May 4, 2018 Opinion or Order Filing 99 MEMORANDUM OF LAW in Support re: #98 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. MOTION to Appoint Stichting Pensioenfonds Metaal en Techniek (PMT), Stichting Bedrijfstakpensioenfonds voor de Metalektro (PME) and Stichting Mn Services Aandelendfonds Noord Amerika (the MN North America Fund) to serve as lead plaintiff(s) . . Document filed by Stichting Bedrijfstakpensioenfonds voor de Metalektro, Stichting Mn Services Aandelendfonds Noord Amerika, Stichting Pensioenfonds Metaal en Techniek. (Rosenfeld, David)
May 4, 2018 Opinion or Order Filing 98 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP., MOTION to Appoint Stichting Pensioenfonds Metaal en Techniek (PMT), Stichting Bedrijfstakpensioenfonds voor de Metalektro (PME) and Stichting Mn Services Aandelendfonds Noord Amerika (the MN North America Fund) to serve as lead plaintiff(s) . Document filed by Stichting Pensioenfonds Metaal en Techniek, Stichting Bedrijfstakpensioenfonds voor de Metalektro, Stichting Mn Services Aandelendfonds Noord Amerika. (Attachments: #1 Text of Proposed Order)(Rosenfeld, David)
May 4, 2018 Opinion or Order Filing 97 MEMORANDUM OF LAW in Support re: #96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel. . Document filed by Sjunde Ap-Fonden. (Amjed, Naumon)
May 4, 2018 Opinion or Order Filing 96 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) and Approval of Its Selection of Counsel. Document filed by Sjunde Ap-Fonden. (Attachments: #1 Text of Proposed Order)(Amjed, Naumon)
May 4, 2018 Opinion or Order Filing 95 DECLARATION of Daniel L. Berger in Support re: #93 MOTION to Appoint Deka Investment GmbH, Deka International S.A., and International Fund Management S.A. to serve as lead plaintiff(s) and Approval of Its Selection of Lead Counsel.. Document filed by Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Berger, Daniel)
May 4, 2018 Opinion or Order Filing 94 MEMORANDUM OF LAW in Support re: #93 MOTION to Appoint Deka Investment GmbH, Deka International S.A., and International Fund Management S.A. to serve as lead plaintiff(s) and Approval of Its Selection of Lead Counsel. . Document filed by Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Attachments: #1 Certificate of Service)(Berger, Daniel)
May 4, 2018 Opinion or Order Filing 93 MOTION to Appoint Deka Investment GmbH, Deka International S.A., and International Fund Management S.A. to serve as lead plaintiff(s) and Approval of Its Selection of Lead Counsel. Document filed by Deka International S.A., Deka Investment GmbH, International Fund Management S.A.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Berger, Daniel)
May 4, 2018 Opinion or Order Filing 92 DECLARATION of Christopher J. Keller in Support re: #90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel.. Document filed by Arkansas Teacher Retirement System. (Attachments: #1 Exhibit A - Certifications, #2 Exhibit B - Loss Analysis, #3 Exhibit C- Labaton Sucharow Firm Resume)(Keller, Christopher)
May 4, 2018 Opinion or Order Filing 91 MEMORANDUM OF LAW in Support re: #90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. . Document filed by Arkansas Teacher Retirement System. (Keller, Christopher)
May 4, 2018 Opinion or Order Filing 90 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. Document filed by Arkansas Teacher Retirement System. (Attachments: #1 Text of Proposed Order)(Keller, Christopher)
May 4, 2018 Opinion or Order Filing 89 DECLARATION of Steven E. Fineman in Support re: (87 in 1:17-cv-08457-JMF, 11 in 1:18-cv-01404-JMF) MOTION to Appoint the New York City Pension Funds to serve as lead plaintiff(s) and Approve their selection of Lieff Cabraser Heimann & Bernstein, LLP as lead counsel.. Document filed by Fire Fighters' Variable Supplements Fund, Fire Officers' Variable Supplements Fund, New York City Employees' Retirement System, New York City Fire Pension Fund, New York City Police Pension Fund, Police Officer's Variable Supplements Fund, Police Supervisor Officers' Variable Supplements Fund, Teachers' Retirement System of The City of New York, Teachers' Retirement System of the City of New York Variable Annuity Funds. (Attachments: #1 Exhibit A (PSLRA Notice), #2 Exhibit B (Lead Plaintiff Certifications), #3 Exhibit C (Loss Analysis), #4 Exhibit D (Kleinman Declaration), #5 Exhibit E (Lieff Cabraser Firm Resume))Filed In Associated Cases: 1:17-cv-08457-JMF, 1:18-cv-01404-JMF(Fineman, Steven)
May 4, 2018 Opinion or Order Filing 88 MEMORANDUM OF LAW in Support re: (87 in 1:17-cv-08457-JMF, 11 in 1:18-cv-01404-JMF) MOTION to Appoint the New York City Pension Funds to serve as lead plaintiff(s) and Approve their selection of Lieff Cabraser Heimann & Bernstein, LLP as lead counsel. . Document filed by Fire Fighters' Variable Supplements Fund, Fire Officers' Variable Supplements Fund, New York City Employees' Retirement System, New York City Fire Pension Fund, New York City Police Pension Fund, Police Officer's Variable Supplements Fund, Police Supervisor Officers' Variable Supplements Fund, Teachers' Retirement System of The City of New York, Teachers' Retirement System of the City of New York Variable Annuity Funds. Filed In Associated Cases: 1:17-cv-08457-JMF, 1:18-cv-01404-JMF(Fineman, Steven)
May 4, 2018 Opinion or Order Filing 87 MOTION to Appoint the New York City Pension Funds to serve as lead plaintiff(s) and Approve their selection of Lieff Cabraser Heimann & Bernstein, LLP as lead counsel. Document filed by New York City Employees' Retirement System, New York City Police Pension Fund, Police Officer's Variable Supplements Fund, Police Supervisor Officers' Variable Supplements Fund, New York City Fire Pension Fund, Fire Fighters' Variable Supplements Fund, Fire Officers' Variable Supplements Fund, Teachers' Retirement System of The City of New York, Teachers' Retirement System of the City of New York Variable Annuity Funds. Return Date set for 5/23/2018 at 04:30 PM. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:17-cv-08457-JMF, 1:18-cv-01404-JMF(Fineman, Steven)
April 12, 2018 Opinion or Order Filing 86 MEMORANDUM OPINION AND ORDER re: (62 in 1:17-cv-08457-JMF) CROSS MOTION Striking Improper Notice and Requiring Publication of Corrected Notice Notice of Motion and Motion of Arkansas Teacher Retirement System to Strike Improper Notice and Require Corrected Notice, filed by Arkansas Teacher Retirement System, (56 in 1:17-cv-08457-JMF) MOTION to Intervene, filed by The Cleveland Bakers and Teamsters Pension Fund. With some misgivings given the delay that will result, the Court concludes that its January 19, 2018 Order appointing ATRS as Lead Plaintiff and Labaton Sucharow LLP as Lead Counsel must be vacated and the lead plaintiff process reopened. Accordingly, any member of the putative class who wishes to seek appointment as lead plaintiff shall file a motion by May 4, 2018; and any opposition to a motion shall be filed by May 11, 2018. No replies are permitted absent leave of the Court. Unless and until the Court orders otherwise, a conference shall be held on May 23, 2018, at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York to consider any motions. For the reasons stated above, Cleveland B&T's motion to vacate is GRANTED, and ATRS's cross-motion to strike is DENIED. Further, Cleveland B&T's motion to intervene is GRANTED, as it plainly has a "claim...that shares with the [original] action a common question of law or fact," and the Court does not find that intervention will "unduly delay or prejudice the adjudication of the original parties' rights." Fed. R. Civ. P. 24(b)(1)(B), (b)(3). The Clerk of Court is directed to terminate Docket Nos. 56 and 62. (Signed by Judge Jesse M. Furman on 4/11/2018) Filed In Associated Cases: 1:17-cv-08457-JMF, 1:18-cv-01404-JMF. (ras)
April 12, 2018 Opinion or Order Set/Reset Deadlines: (Motions due by 5/4/2018. Responses due by 5/11/2018) Set/Reset Hearings: (Status Conference set for 5/23/2018 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) Associated Cases: 1:17-cv-08457-JMF, 1:18-cv-01404-JMF. (ras)
April 11, 2018 Opinion or Order Filing 85 LETTER addressed to Judge Jesse M. Furman from Daniel L. Berger dated April 11, 2018 re: Responding to Jonathan Gardner's April 10, 2018 Letter. Document filed by The Cleveland Bakers and Teamsters Pension Fund.(Berger, Daniel)
April 10, 2018 Opinion or Order Filing 84 LETTER addressed to Judge Jesse M. Furman from Jonathan Gardner dated April 10, 2018 re: clarity on the viability of the April 17, 2018 lead plaintiff motion deadline. Document filed by Arkansas Teacher Retirement System.(Gardner, Jonathan)
April 10, 2018 Opinion or Order Filing 83 SECOND AMENDED COMPLAINT amending #73 Amended Complaint, against Jeffrey S. Bornstein, General Electric Company, Jeffrey R. Immelt, John L. Flannery, Jamie Miller, Keith S. Sherin with JURY DEMAND.Document filed by Arkansas Teacher Retirement System. Related document: #73 Amended Complaint,.(Gardner, Jonathan)
April 10, 2018 Opinion or Order Filing 82 STIPULATION AND ORDER REGARDING LEAD PLAINTIFF'S FILING OF A SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by the Parties, through their undersigned counsel, subject to Court approval, as follows: Lead Plaintiff promptly will file a Second Amended Consolidated Class Action Complaint reflecting the changes in Exhibit A. (Signed by Judge Jesse M. Furman on 4/10/2018) (ras)
March 27, 2018 Opinion or Order Filing 81 ORDER granting #80 Motion for Sean M. Berkowitz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 27, 2018 Opinion or Order Filing 80 MOTION for Sean M. Berkowitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14860847. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jeffrey S. Bornstein, General Electric Company, Jeffrey R. Immelt, John L. Flannery, Jamie Miller, Keith S. Sherin. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Berkowitz, Sean)
March 27, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #80 MOTION for Sean M. Berkowitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14860847. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 22, 2018 Opinion or Order Filing 79 WAIVER OF SERVICE RETURNED EXECUTED. Keith S. Sherin waiver sent on 3/21/2018, answer due 5/21/2018. Document filed by Arkansas Teacher Retirement System. (Gardner, Jonathan)
March 22, 2018 Opinion or Order Filing 78 NOTICE OF APPEARANCE by William J. Trach on behalf of Jamie Miller, Keith S. Sherin. (Trach, William)
March 22, 2018 Opinion or Order Filing 77 NOTICE OF APPEARANCE by Blake Thomas Denton on behalf of Jamie Miller, Keith S. Sherin. (Denton, Blake)
March 22, 2018 Opinion or Order Filing 76 NOTICE OF APPEARANCE by Miles Norman Ruthberg on behalf of Jamie Miller, Keith S. Sherin. (Ruthberg, Miles)
March 22, 2018 Opinion or Order Filing 75 ELECTRONIC SUMMONS ISSUED as to Keith S. Sherin. (laq)
March 20, 2018 Opinion or Order Filing 74 REQUEST FOR ISSUANCE OF SUMMONS as to Keith S. Sherin, re: #73 Amended Complaint,. Document filed by Arkansas Teacher Retirement System. (Gardner, Jonathan)
March 20, 2018 Opinion or Order Filing 73 AMENDED COMPLAINT amending #1 Complaint against Jeffrey S. Bornstein, General Electric Company, Jeffrey R. Immelt, John L. Flannery, Jamie Miller, Keith S. Sherin with JURY DEMAND.Document filed by Arkansas Teacher Retirement System. Related document: #1 Complaint.(Gardner, Jonathan)
March 20, 2018 Opinion or Order Filing 72 NOTICE OF APPEARANCE by Thomas A. Dubbs on behalf of Arkansas Teacher Retirement System. (Dubbs, Thomas)
March 20, 2018 Opinion or Order Filing 71 NOTICE OF APPEARANCE by Ross Michael Kamhi on behalf of Arkansas Teacher Retirement System. (Kamhi, Ross)
March 20, 2018 Opinion or Order Filing 70 NOTICE OF APPEARANCE by Louis Gottlieb on behalf of Arkansas Teacher Retirement System. (Gottlieb, Louis)
March 20, 2018 Opinion or Order Filing 69 NOTICE OF APPEARANCE by Alfred Louis Fatale, III on behalf of Arkansas Teacher Retirement System. (Fatale, Alfred)
March 5, 2018 Opinion or Order Filing 68 DECLARATION of Daniel L. Berger in Support re: #56 MOTION to Intervene .. Document filed by The Cleveland Bakers and Teamsters Pension Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Berger, Daniel)
March 5, 2018 Opinion or Order Filing 67 REPLY MEMORANDUM OF LAW in Support re: #56 MOTION to Intervene . . Document filed by The Cleveland Bakers and Teamsters Pension Fund. (Berger, Daniel)
March 5, 2018 Opinion or Order Filing 66 NOTICE of Interested Party Regarding Motion to Intervene and Vacate the Opinion and Order Appointing Lead Plaintiff and Lead Counsel. Document filed by ScottScott Attorneys at Law LLP. Filed In Associated Cases: 1:17-cv-08457-JMF, 1:17-cv-08473-JMF, 1:17-cv-09888-JMF, 1:18-cv-01404-JMF(Laughlin, Thomas)
March 5, 2018 Opinion or Order Filing 65 NOTICE OF APPEARANCE by Thomas Livezey Laughlin, IV on behalf of Scott+Scott Attorneys at Law LLP. Filed In Associated Cases: 1:17-cv-08457-JMF, 1:17-cv-08473-JMF, 1:17-cv-09888-JMF, 1:18-cv-01404-JMF(Laughlin, Thomas)
February 28, 2018 Opinion or Order Filing 64 DECLARATION of Christopher J. Keller in Support re: #62 CROSS MOTION Striking Improper Notice and Requiring Publication of Corrected Notice Notice of Motion and Motion of Arkansas Teacher Retirement System to Strike Improper Notice and Require Corrected Notice.. Document filed by Arkansas Teacher Retirement System. (Attachments: #1 Exhibit A - Corrected Notice, #2 Exhibit B - WSJ Article, #3 Exhibit C - Investor Alert, #4 Exhibit D - ISS Alert, #5 Exhibit E - ISS Description, #6 Exhibit F - ISS and Counsel, #7 Exhibit G - ISS Alert, #8 Exhibit H - News Article, #9 Exhibit I - ISS Alert, #10 Exhibit J - Media Coverage and Press Releases, #11 Exhibit K - Press Release, #12 Exhibit L - Transcript, #13 Exhibit M - Court Order, #14 Exhibit N - Tampa Notice, #15 Exhibit O - JP Morgan Notice and Amended Complaint, #16 Exhibit P - Letter to Counsel)(Keller, Christopher)
February 28, 2018 Opinion or Order Filing 63 MEMORANDUM OF LAW in Opposition re: #56 MOTION to Intervene . Consolidated Memorandum of Law in Opposition to the Motion of the Cleveland Bakers and Teamsters Pension Fund to Intervene and in Support of the Cross-Motion of Arkansas Teacher Retirement System to Strike Improper Notice and Require Corrected Notice. Document filed by Arkansas Teacher Retirement System. (Keller, Christopher)
February 28, 2018 Opinion or Order Filing 62 CROSS MOTION Striking Improper Notice and Requiring Publication of Corrected Notice Notice of Motion and Motion of Arkansas Teacher Retirement System to Strike Improper Notice and Require Corrected Notice. Document filed by Arkansas Teacher Retirement System. (Attachments: #1 Text of Proposed Order)(Keller, Christopher)
February 26, 2018 Opinion or Order Filing 61 CONSOLIDATION ORDER granting #55 Letter Motion to Consolidate Cases 17-CV-8457 (as Lead Case) with 18-cv-1404. No party filed a letter opposing consolidation. In light of the foregoing, Lead Counsel's motion to consolidate 18-CV-1404 with 17-CV-8457 is GRANTED and the two cases are consolidated. Per the Court's Order of February 21, 2018, the Court reserves judgment on the other relief sought by Lead Counsel in its letter motion of February 19, 2018, and on the relief sought by Cleveland B&T in its motion to intervene. Per that Order, Lead Plaintiff/Counsel shall file its opposition to the motion to intervene (addressing both intervention and the relief sought with respect to appointment of Lead Plaintiff and Lead Counsel) by February 28, 2018; Cleveland B&T shall file any reply by March 5, 2018. The Clerk of the Court is directed to consolidate these cases under the lead case, Docket No. 17-CV-8457, and to close 18-CV-1404. All future filings shall be on the 17-CV-8457 docket. The Clerk of Court is directed to terminate Docket No. 55. (Signed by Judge Jesse M. Furman on 2/26/2018) (ras)
February 22, 2018 Opinion or Order Filing 60 LETTER addressed to Judge Jesse M. Furman from Christopher J. Keller dated 2/22/2018 re: Notice to the Court of Arkansas Teacher Retirement System's Opposition to the Cleveland Bakers and Teamsters Pension Fund's Motion to Intervene. Document filed by Arkansas Teacher Retirement System.(Keller, Christopher)
February 21, 2018 Opinion or Order Filing 59 ORDER with respect to #55 Letter Motion to Consolidate Cases ; and #56 Motion to Intervene. Upon review of the pending motions, the Court is inclined to grant Lead Counsel's motion to consolidate pursuant to Rule 42 of the Federal Rules of Civil Procedure and to grant Cleveland B&T's motion to intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure. If any party opposes those portions of the two pending motions, it shall file a letter providing notice to that effect by February 22, 2018, in which case that party's formal opposition shall be filed by February 28, 2018. If no party files a letter by February 22, 2018, those portions of the motions will be granted without objection. That leaves the Lead Plaintiff and Lead Counsel issue. Any opposition to that portion of Cleveland B&T's motion shall be filed by February 28, 2018; any reply shall be filed by March 5, 2018. (For the sake of clarity, Lead Counsel's letter motion is denied to the extent that it seeks relief beyond consolidation of the two cases - albeit without prejudice to renewal of its arguments in its formal opposition to Cleveland B&T's motion. If Lead Counsel files a cross-motion on that front, it shall file a single, consolidated memorandum of law in opposition to Cleveland B&T's motion and in support of its cross-motion. No reply in support of any cross-motion will be permitted without leave of Court.) (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 20, 2018 Opinion or Order Filing 58 DECLARATION of Daniel L. Berger in Support re: #56 MOTION to Intervene .. Document filed by The Cleveland Bakers and Teamsters Pension Fund. (Attachments: #1 Exhibit A)(Berger, Daniel)
February 20, 2018 Opinion or Order Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION to Intervene . . Document filed by The Cleveland Bakers and Teamsters Pension Fund. (Berger, Daniel)
February 20, 2018 Opinion or Order Filing 56 MOTION to Intervene . Document filed by The Cleveland Bakers and Teamsters Pension Fund. (Attachments: #1 Text of Proposed Order)(Berger, Daniel)
February 19, 2018 Opinion or Order Filing 55 LETTER MOTION to Consolidate Cases 1:17-cv-08457-JMF; 1:18-cv-01404 addressed to Judge Jesse M. Furman from Christopher J. Keller dated 2/19/2018. Document filed by Arkansas Teacher Retirement System. (Attachments: #1 Exhibit A - Cleveland Action Complaint and Statement of Relatedness, #2 Exhibit B - [Proposed] PSLRA Notice)(Keller, Christopher)
February 6, 2018 Opinion or Order Filing 54 NOTICE OF APPEARANCE by Christine Marie Fox on behalf of Arkansas Teacher Retirement System. (Fox, Christine)
January 31, 2018 Opinion or Order Filing 53 NOTICE OF APPEARANCE by Jonathan Gardner on behalf of Arkansas Teacher Retirement System. (Gardner, Jonathan)
January 19, 2018 Opinion or Order Filing 52 MEMORANDUM OPINION AND ORDER re: #30 MOTION to Appoint Counsel; MOTION to Appoint #25 MOTION to Appoint Counsel; #28 MOTION to Appoint Counsel: For the reasons set forth within, ATRS's motion for appointment as Lead Plaintiff is GRANTED, and the motions of Operating Engineer and Boca Raton are DENIED. (See Order.) In light of the foregoing, the hearing scheduled for January 22, 2018, is CANCELLED. (Signed by Judge Jesse M. Furman on 1/19/2018) (ab)
January 18, 2018 Opinion or Order Filing 51 DECLARATION of Javier Bleichmar in Opposition re: #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel., #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP.. Document filed by City of Boca Raton Police and Firefighters Retirement System. (Attachments: #1 Exhibit 1 Teva LP Opinion, #2 Exhibit 2 Skechers, RGRD-Labaton Letter to Court, #3 Exhibit 3 Skechers Order responding to RGRD-Labaton Letter to Court, #4 Exhibit 4 Orbital - RGRD Opp to ATRS LP Mot., #5 Exhibit 5 Adeptus - RGRD Opp to ATRS LP Mot., #6 Exhibit 6 Babcock RGRD Opposition, #7 Exhibit 7 Anavex Joint Decl., #8 Exhibit 8 Hr'g Tr., Cortina v. Anavex, #9 Exhibit 9 Adeptus LP Order, #10 Exhibit 10 RH LP Order, #11 Exhibit 11 Babcock LP Order, #12 Exhibit 12 Celadon LP Order, #13 Exhibit 13 Aarons LP Order)(Bleichmar, Javier)
January 18, 2018 Opinion or Order Filing 50 REPLY MEMORANDUM OF LAW in Opposition re: #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP., #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. . Document filed by City of Boca Raton Police and Firefighters Retirement System. (Bleichmar, Javier)
January 18, 2018 Opinion or Order Filing 49 DECLARATION of Christopher J. Keller in Support re: #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel., #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP.. Document filed by Arkansas Teacher Retirement System, Pension Trust Fund For Operating Engineers. (Attachments: #1 Exhibit A - Order, In re Signet Jewelers Ltd., #2 Exhibit B - Order, In re Aaron's, Inc., #3 Exhibit C - List of ATRS Active Cases, #4 Exhibit D - Certification of the Pension Fund, #5 Exhibit E - Declaration of George Hopkins, #6 Exhibit F - Excerpt from Orbital ATK Hearing Transcript, #7 Exhibit G - Reply Memorandum of Law in Orbital ATK)(Keller, Christopher)
January 18, 2018 Opinion or Order Filing 48 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP., #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. . Document filed by Arkansas Teacher Retirement System, Pension Trust Fund For Operating Engineers. (Keller, Christopher)
January 16, 2018 Opinion or Order Filing 47 ORDER with respect to #25 , #28 , and #30 Motions to Appoint Lead Plaintiffs and Lead Counsel. The Court's scheduling order did not contemplate the filing of replies, but upon review of the opposition memoranda of law, the Court believes that short reply briefs might be helpful. Any reply shall be filed by January 18, 2018, and shall not exceed five pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 16, 2018 Opinion or Order Filing 46 ORDER granting #40 Motion for William Trach to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 16, 2018 Opinion or Order Filing 45 ORDER terminating #17 , #20 , #22 , and #34 Motions to Appoint Lead Plaintiff and/or Lead Counsel as withdrawn. See Docket Nos. #37 , #38 , #39 , and #41 ). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 16, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for William Trach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14571940. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
January 15, 2018 Opinion or Order Filing 44 MEMORANDUM OF LAW in Support re: #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP., #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. Memorandum of Law in Further Support. Document filed by Arkansas Teacher Retirement System, Pension Trust Fund For Operating Engineers. (Attachments: #1 Exhibit A - Stipulation and [Proposed] Order, #2 Exhibit B - Joint Declaration)(Keller, Christopher)
January 15, 2018 Opinion or Order Filing 43 DECLARATION of Javier Bleichmar in Opposition re: #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel., #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP.. Document filed by City of Boca Raton Police and Firefighters Retirement System. (Attachments: #1 Exhibit A Arkansas Teachers Retirement Systems Lead Plaintiff Appointments, #2 Exhibit B Arkansas Teachers Retirement Systems Motions for Lead Plaintiff, #3 Exhibit C Defendants Notice of Authorities and Information With Respect to Pending Motions for Lead Plaintiff Appointment, #4 Exhibit D Notice of Critical Status for Pension Trust Fund for Operating Engineer, #5 Exhibit E Hearing Transcript in Schaffer v. Horizon Pharma PLC, #6 Exhibit F Lead Plaintiff Appointments Since 2010 of the Pension Trust Fund for Operating Engineers, #7 Exhibit G Docket in Bray v. Frontier Communications Corp.)(Bleichmar, Javier)
January 15, 2018 Opinion or Order Filing 42 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP., #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. . Document filed by City of Boca Raton Police and Firefighters Retirement System. (Bleichmar, Javier)
January 12, 2018 Opinion or Order Filing 41 NOTICE of of Non-Opposition to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel. Document filed by Michael Somma. (Portnoy, Lesley)
January 12, 2018 Opinion or Order Filing 40 MOTION for William Trach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14571940. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jeffrey S. Bornstein, General Electric Company, Jeffrey R. Immelt, John L. Flannery. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A- Certificate of Good Standing, #3 Text of Proposed Order)(Trach, William)
January 12, 2018 Opinion or Order Filing 39 NOTICE of of Non Opposition to Competing Lead Plaintiff Motions re: #22 MOTION to Appoint Counsel Glancy Prongay & Murray LLP. MOTION to Appoint Michael Somma to serve as lead plaintiff(s) ., #30 MOTION to Appoint Counsel Bleichmar Fonti & Auld LLP. MOTION to Appoint City of Boca Raton Police and Firefighters Retirement System to serve as lead plaintiff(s) ., #17 MOTION to Appoint David Tannenbaum to serve as lead plaintiff(s) ., #34 MOTION to Appoint Bhanu Iyer, John Lim, Seamus Gilchrist, Richard G. Pustari and Richard D. Haynie to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP., #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel.. Document filed by JEFFREY KLOTZ. (Kim, Phillip)
January 12, 2018 Opinion or Order Filing 38 NOTICE of WITHDRAWAL OF MOTION OF GE INVESTOR GROUP FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL re: #34 MOTION to Appoint Bhanu Iyer, John Lim, Seamus Gilchrist, Richard G. Pustari and Richard D. Haynie to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Seamus Gilchrist, Richard D. Haynie, Bhanu Iyer, John Lim, Richard G. Pustari. (Lieberman, Jeremy)
January 11, 2018 Opinion or Order Filing 37 RESPONSE to Motion re: #17 MOTION to Appoint David Tannenbaum to serve as lead plaintiff(s) . Non-Opposition. Document filed by David Tannenbaum. (Apton, Adam)
January 2, 2018 Opinion or Order Filing 36 DECLARATION of Jermey A. Lieberman in Support re: #34 MOTION to Appoint Bhanu Iyer, John Lim, Seamus Gilchrist, Richard G. Pustari and Richard D. Haynie to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Seamus Gilchrist, Richard D. Haynie, Bhanu Iyer, John Lim, Richard G. Pustari. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certifications, #3 Exhibit C - Loss Chart, #4 Exhibit D - Firm Resume)(Lieberman, Jeremy)
January 2, 2018 Opinion or Order Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Appoint Bhanu Iyer, John Lim, Seamus Gilchrist, Richard G. Pustari and Richard D. Haynie to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Seamus Gilchrist, Richard D. Haynie, Bhanu Iyer, John Lim, Richard G. Pustari. (Lieberman, Jeremy)
January 2, 2018 Opinion or Order Filing 34 MOTION to Appoint Bhanu Iyer, John Lim, Seamus Gilchrist, Richard G. Pustari and Richard D. Haynie to serve as lead plaintiff(s) ., MOTION to Approve Counsel . Document filed by Bhanu Iyer, John Lim, Seamus Gilchrist, Richard G. Pustari, Richard D. Haynie. (Attachments: #1 Text of Proposed Order)(Lieberman, Jeremy)
January 2, 2018 Opinion or Order Filing 33 DECLARATION of Javier Bleichmar in Support re: #30 MOTION to Appoint Counsel Bleichmar Fonti & Auld LLP. MOTION to Appoint City of Boca Raton Police and Firefighters Retirement System to serve as lead plaintiff(s) .. Document filed by City of Boca Raton Police and Firefighters Retirement System. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Boca Raton Loss Chart, #3 Exhibit C - Boca Raton Certification, #4 Exhibit D - BFA Firm Resume)(Bleichmar, Javier)
January 2, 2018 Opinion or Order Filing 32 DECLARATION of Christopher J. Keller in Support re: #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel.. Document filed by Arkansas Teacher Retirement System. (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Loss Analysis, #3 Exhibit C - Notice of Hachem Action, #4 Exhibit D - Notice of Tampa Action, #5 Exhibit E - Labaton Sucharow Firm Resume)(Keller, Christopher)
January 2, 2018 Opinion or Order Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION to Appoint Counsel Bleichmar Fonti & Auld LLP. MOTION to Appoint City of Boca Raton Police and Firefighters Retirement System to serve as lead plaintiff(s) . . Document filed by City of Boca Raton Police and Firefighters Retirement System. (Bleichmar, Javier)
January 2, 2018 Opinion or Order Filing 30 MOTION to Appoint Counsel Bleichmar Fonti & Auld LLP., MOTION to Appoint City of Boca Raton Police and Firefighters Retirement System to serve as lead plaintiff(s) . Document filed by City of Boca Raton Police and Firefighters Retirement System. (Attachments: #1 Text of Proposed Order)(Bleichmar, Javier)
January 2, 2018 Opinion or Order Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. . Document filed by Arkansas Teacher Retirement System. (Keller, Christopher)
January 2, 2018 Opinion or Order Filing 28 MOTION to Appoint Arkansas Teacher Retirement System to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. Document filed by Arkansas Teacher Retirement System. (Attachments: #1 Text of Proposed Order)(Keller, Christopher)
January 2, 2018 Opinion or Order Filing 27 DECLARATION of David A. Rosenfeld in Support re: #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP.. Document filed by Pension Trust Fund For Operating Engineers. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B- Certification, #3 Exhibit C- Loss Chart, #4 Exhibit D - RGRD Firm Resume)(Rosenfeld, David)
January 2, 2018 Opinion or Order Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. . Document filed by Pension Trust Fund For Operating Engineers. (Rosenfeld, David)
January 2, 2018 Opinion or Order Filing 25 MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. Document filed by Pension Trust Fund For Operating Engineers. (Attachments: #1 Text of Proposed Order)(Rosenfeld, David)
January 2, 2018 Opinion or Order Filing 24 DECLARATION of Lesley F. Portnoy in Support re: #22 MOTION to Appoint Counsel Glancy Prongay & Murray LLP. MOTION to Appoint Michael Somma to serve as lead plaintiff(s) .. Document filed by Michael Somma. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Portnoy, Lesley)
January 2, 2018 Opinion or Order Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint Counsel Glancy Prongay & Murray LLP. MOTION to Appoint Michael Somma to serve as lead plaintiff(s) . . Document filed by Michael Somma. (Portnoy, Lesley)
January 2, 2018 Opinion or Order Filing 22 MOTION to Appoint Counsel Glancy Prongay & Murray LLP., MOTION to Appoint Michael Somma to serve as lead plaintiff(s) . Document filed by Michael Somma. (Attachments: #1 Text of Proposed Order)(Portnoy, Lesley)
January 2, 2018 Opinion or Order Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Appoint Counsel The Rosen Law Firm. MOTION to Appoint JEFFREY KLOTZ to serve as lead plaintiff(s) . . Document filed by JEFFREY KLOTZ. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Kim, Phillip)
January 2, 2018 Opinion or Order Filing 20 MOTION to Appoint Counsel The Rosen Law Firm., MOTION to Appoint JEFFREY KLOTZ to serve as lead plaintiff(s) . Document filed by JEFFREY KLOTZ. (Attachments: #1 Text of Proposed Order)(Kim, Phillip)
January 2, 2018 Opinion or Order Filing 19 DECLARATION of Adam M. Apton in Support re: #17 MOTION to Appoint David Tannenbaum to serve as lead plaintiff(s) .. Document filed by David Tannenbaum. (Attachments: #1 Exhibit Certification, #2 Exhibit Loss Chart, #3 Exhibit Notice, #4 Exhibit Resume)(Apton, Adam)
January 2, 2018 Opinion or Order Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint David Tannenbaum to serve as lead plaintiff(s) . . Document filed by David Tannenbaum. (Apton, Adam)
January 2, 2018 Opinion or Order Filing 17 MOTION to Appoint David Tannenbaum to serve as lead plaintiff(s) . Document filed by David Tannenbaum. (Attachments: #1 Text of Proposed Order)(Apton, Adam)
December 29, 2017 Opinion or Order Filing 16 CONSOLIDATION ORDER: On December 21, 2017, the Court entered an Order determining that the above captioned cases are related and giving the parties one week to object to consolidation. (17-CV-8457 Docket No. 15; 17-CV-9888 Docket No. 15). The Court has received no objection to consolidation. Accordingly, the cases are hereby CONSOLIDATED for all purposes. The Clerk of the Court is directed to consolidate these cases under the lead case, Docket No. 17-CV-8457, and to close 17-CV-9888. All future filings shall be on the 17-CV-8457 docket. (Signed by Judge Jesse M. Furman on 12/29/2017) (ras)
December 21, 2017 Opinion or Order Filing 15 ORDER: The Court agrees that the cases are related. Accordingly, unless any party objects within a week of this Order, the cases shall be consolidated. All deadlines currently in force in 17-CV-8457, including those pertaining to appointment of a lead plaintiff and lead counsel (see 17-CV-8457 Docket No. 7) shall likewise apply to 17-CV-9888. (Signed by Judge Jesse M. Furman on 12/20/2017) (ras)
December 14, 2017 Opinion or Order Filing 14 STIPULATION AND ORDER: The parties, through their undersigned attorneys and subject to the Court's approval, stipulate and agree to the following: 1. The Defendants are not required to respond to Plaintiffs' complaints; 2. Within 60 days of the entry of an order appointing lead plaintiff and lead counsel, lead plaintiff shall file and serve a consolidated amended complaint; 3. The Defendants shall move, answer or otherwise respond to the consolidated amended complaint within 60 days after the filing of the consolidated amended complaint; 4. If the Defendants move to dismiss the consolidated amended complaint; lead plaintiff shall file its opposition within 45 days after the filing of any motion to dismiss; and 5. The Defendants shall file and serve their reply to any opposition made by lead plaintiff within 30 days after the filing of lead plaintiff's opposition. SO ORDERED. The Clerk of Court is directed to terminate Docket No. 13. Motions terminated: #13 CONSENT LETTER MOTION for Extension of Time /Entry of Scheduling Order addressed to Judge Jesse M. Furman from Miles N. Ruthberg dated December 13, 2017, filed by Jeffrey S. Bornstein, Jeffrey R. Immelt, General Electric Company, John L. Flannery. (Signed by Judge Jesse M. Furman on 12/14/2017) (ras)
December 13, 2017 Opinion or Order Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT LETTER MOTION for Extension of Time /Entry of Scheduling Order addressed to Judge Jesse M. Furman from Miles N. Ruthberg dated December 13, 2017. Document filed by Jeffrey S. Bornstein, General Electric Company, Jeffrey R. Immelt, John L. Flannery. (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Ruthberg, Miles) Modified on 1/18/2018 (ldi).
December 13, 2017 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Blake Thomas Denton on behalf of Jeffrey S. Bornstein, General Electric Company, Jeffrey R. Immelt, John L. Flannery. (Denton, Blake)
December 5, 2017 Opinion or Order Filing 11 ORDER: On November 1, 2017, Plaintiff Jihad A. Hachem filed a complaint in 17-CV-8457. On November 2, 2017, Plaintiff Gopal Mirani filed a similar complaint in 17-CV-8473. On November 27, 2017, the Court directed the parties to address whether consolidation would be appropriate. (17-CV-8457, Docket No 7; 17-CV-8473, Docket No. 8). All parties agree that the actions should be consolidated. (17-CV-8457, Docket Nos. 8, 10; 17-CV-8473, Docket Nos. 9, 12). As the above-captioned actions involve common questions of law and fact and the parties agree that consolidation is appropriate, it is hereby ordered that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, they are consolidated under the case number 17-CV-8457. The motion deadlines and the hearing date in appointing a lead plaintiff will proceed as previously ordered. (17-CV-8457, Docket No. 8). The Clerk of court is directed to consolidate 17-CV-8457 and 17-CV-8473 under case number 17-CV-8457, and to close 17-CV-8473. (Signed by Judge Jesse M. Furman on 12/5/2017) Filed In Associated Cases: 1:17-cv-08457-JMF, 1:17-cv-08473-JMF(mro)
December 4, 2017 Opinion or Order Filing 10 LETTER addressed to Judge Jesse M. Furman from Miles N. Ruthberg dated December 4, 2017 re: Consolidation. Document filed by Jeffrey S. Bornstein, Jeffrey R. Immelt, John L. Flannery.(Ruthberg, Miles)
December 4, 2017 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Miles Norman Ruthberg on behalf of Jeffrey S. Bornstein, Jeffrey R. Immelt, John L. Flannery. (Ruthberg, Miles)
December 4, 2017 Opinion or Order Filing 8 LETTER addressed to Judge Jesse M. Furman from Lesley F. Portnoy dated December 4, 2017 re: Consolidation. Document filed by Jihad A. Hachem.(Portnoy, Lesley)
November 27, 2017 Opinion or Order Filing 7 ORDER: Members of the purported class therefore have until January 2, 2018 to move the Court to serve as lead plaintiffs. Opposition to any motion for appointment of lead plaintiff shall be served and filed by January 15, 2018. And the Court will hold a conference on January 22, 2018, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York to consider any motions for appointment of lead plaintiff and lead counsel and for consolidation. It is further ORDERED that the parties in each case are directed to file letters no later than December 4, 2017, not to exceed three single-spaced pages each, indicating their views on whether the cases should be consolidated. If the parties do not file letters opposing consolidation, the Court may consolidate the two cases without further notice to the parties. It is further ORDERED that the named plaintiffs shall promptly serve a copy of this Order on each of the defendants and promptly file proof of such service. (Motions due by 1/2/2018. Responses due by 1/15/2018. Status Conference set for 1/22/2018 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/27/2017) (ras)
November 22, 2017 Opinion or Order Filing 6 NOTICE of Publication of PSLRA Notice. Document filed by Jihad A. Hachem. (Portnoy, Lesley)
November 22, 2017 Opinion or Order Filing 5 ORDER: Plaintiff Hachem shall promptly, but no later than November 27, 2017, advise the Court in writing of the date and manner in which it published this notice. (Signed by Judge Jesse M. Furman on 11/22/2017) (ras)
November 2, 2017 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Jeffrey S. Bornstein, General Electric Inc., Jeffrey R. Immelt, John L. Flannery. (vf)
November 2, 2017 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lesley Frank Portnoy. The party information for the following party/parties has been modified: John Flannery, General Electric Company, Jihad A. Hachem. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf)
November 2, 2017 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lesley Frank Portnoy. The following case opening statistical information was erroneously selected/entered: County code XX Out of State. The following correction(s) have been made to your case entry: the County code has been modified to New York. (vf)
November 2, 2017 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (vf)
November 2, 2017 Opinion or Order Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (vf)
November 2, 2017 Opinion or Order Case Designated ECF. (vf)
November 1, 2017 Opinion or Order Filing 3 CIVIL COVER SHEET filed. (Portnoy, Lesley)
November 1, 2017 Opinion or Order Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey S. Bornstein, John L. Flannery, General Electric Inc., Jeffrey R. Immelt, re: #1 Complaint. Document filed by Jihad A. Hachem. (Portnoy, Lesley)
November 1, 2017 Opinion or Order Filing 1 COMPLAINT against Jeffrey S. Bornstein, John L. Flannery, General Electric Inc., Jeffrey R. Immelt. (Filing Fee $ 400.00, Receipt Number 0208-14315837)Document filed by Jihad A. Hachem.(Portnoy, Lesley)

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Search for this case: Sjunde Ap-Fonden and The Cleveland Bakers and Teamsters Pension Fund, individually and on behalf of all others similarly situated, v. General Electric Company, et al.
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Defendant: Jeffrey R. Immelt
Represented By: Blake Thomas Denton
Represented By: Sean M. Berkowitz
Represented By: Miles Norman Ruthberg
Represented By: William J. Trach
Represented By: Sarah Ann Tomkowiak
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Defendant: General Electric Company
Represented By: Blake Thomas Denton
Represented By: Sean M. Berkowitz
Represented By: Miles Norman Ruthberg
Represented By: William J. Trach
Represented By: Sarah Ann Tomkowiak
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Defendant: John Flannery
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Defendant: Jeffrey S. Bornstein
Represented By: Blake Thomas Denton
Represented By: Sean M. Berkowitz
Represented By: Miles Norman Ruthberg
Represented By: William J. Trach
Represented By: Sarah Ann Tomkowiak
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Defendant: General Electric Inc.
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Defendant: Keith S. Sherin
Represented By: Blake Thomas Denton
Represented By: Sean M. Berkowitz
Represented By: Miles Norman Ruthberg
Represented By: William J. Trach
Represented By: Sarah Ann Tomkowiak
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Defendant: Richard A Laxer
Represented By: Sean M. Berkowitz
Represented By: William J. Trach
Represented By: Blake Thomas Denton
Represented By: Miles Norman Ruthberg
Represented By: Sarah Ann Tomkowiak
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Defendant: John L. Flannery
Represented By: Blake Thomas Denton
Represented By: Sean M. Berkowitz
Represented By: Miles Norman Ruthberg
Represented By: William J. Trach
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Defendant: Jan R Hauser
Represented By: Sean M. Berkowitz
Represented By: William J. Trach
Represented By: Blake Thomas Denton
Represented By: Miles Norman Ruthberg
Represented By: Sarah Ann Tomkowiak
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Defendant: Jamie Miller
Represented By: Blake Thomas Denton
Represented By: Sean M. Berkowitz
Represented By: Miles Norman Ruthberg
Represented By: William J. Trach
Represented By: Sarah Ann Tomkowiak
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Plaintiff: Jihad A. Hachem
Represented By: Lesley Frank Portnoy
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Plaintiff: International Fund Management S.A.
Represented By: Caitlin M. Moyna
Represented By: Daniel Lawrence Berger
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Plaintiff: Deka International S.A.
Represented By: Caitlin M. Moyna
Represented By: Daniel Lawrence Berger
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Plaintiff: Tampa Maritime Association-International Longshoremen's Association Pension Plan
Represented By: Christopher J. Keller
Represented By: Francis Paul McConville
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Plaintiff: Deka Investment GmbH
Represented By: Caitlin M. Moyna
Represented By: Daniel Lawrence Berger
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Plaintiff: Cleveland Bakers and Teamsters Pension Fund
Represented By: Sharan Nirmul
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Petitioner: Richard D. Haynie
Represented By: Jeremy Alan Lieberman
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Petitioner: New York City Police Pension Fund
Represented By: Steven E. Fineman
Represented By: Michael Joseph Miarmi
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Petitioner: New York City Fire Pension Fund
Represented By: Steven E. Fineman
Represented By: Michael Joseph Miarmi
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Petitioner: Michael Somma
Represented By: Lesley Frank Portnoy
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Petitioner: Stichting Bedrijfstakpensioenfonds voor de Metalektro
Represented By: Samuel Howard Rudman
Represented By: David Avi Rosenfeld
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Petitioner: Arkansas Teacher Retirement System
Represented By: Jonathan Gardner
Represented By: Christopher J. Keller
Represented By: Thomas A. Dubbs
Represented By: Ross Michael Kamhi
Represented By: Louis Gottlieb
Represented By: Alfred Louis Fatale, III
Represented By: Christine M. Fox
Represented By: Francis Paul McConville
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Petitioner: Teachers' Retirement System of the City of New York Variable Annuity Funds
Represented By: Steven E. Fineman
Represented By: Michael Joseph Miarmi
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Petitioner: New York City Employees' Retirement System
Represented By: Steven E. Fineman
Represented By: Michael Joseph Miarmi
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Petitioner: Police Officer's Variable Supplements Fund
Represented By: Steven E. Fineman
Represented By: Michael Joseph Miarmi
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Petitioner: Richard G. Pustari
Represented By: Jeremy Alan Lieberman
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Petitioner: John Lim
Represented By: Jeremy Alan Lieberman
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Petitioner: City of Boca Raton Police and Firefighters Retirement System
Represented By: Javier Bleichmar
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Petitioner: Stichting Mn Services Aandelendfonds Noord Amerika
Represented By: Samuel Howard Rudman
Represented By: David Avi Rosenfeld
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Petitioner: Sjunde Ap-Fonden
Represented By: Eric Gerard
Represented By: Naumon A Amjed
Represented By: Evan Robert Hoey
Represented By: Joshua A Materese
Represented By: Richard A Russo, Jr
Represented By: Darren J. Check
Represented By: David Kessler
Represented By: Sharan Nirmul
Represented By: Ryan Thomas Degnan
Represented By: Michelle M. Newcomer
Represented By: Gregory M. Castaldo
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Petitioner: Seamus Gilchrist
Represented By: Jeremy Alan Lieberman
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Petitioner: Stichting Pensioenfonds Metaal en Techniek
Represented By: Samuel Howard Rudman
Represented By: David Avi Rosenfeld
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Petitioner: Fire Fighters' Variable Supplements Fund
Represented By: Steven E. Fineman
Represented By: Michael Joseph Miarmi
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Petitioner: Pension Trust Fund For Operating Engineers
Represented By: David Avi Rosenfeld
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Petitioner: Fire Officers' Variable Supplements Fund
Represented By: Steven E. Fineman
Represented By: Michael Joseph Miarmi
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Petitioner: David Tannenbaum
Represented By: Adam M. Apton
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Petitioner: Police Supervisor Officers' Variable Supplements Fund
Represented By: Steven E. Fineman
Represented By: Michael Joseph Miarmi
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Petitioner: Bhanu Iyer
Represented By: Jeremy Alan Lieberman
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Petitioner: Teachers' Retirement System of The City of New York
Represented By: Steven E. Fineman
Represented By: Michael Joseph Miarmi
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Petitioner: JEFFREY KLOTZ
Represented By: Phillip C. Kim
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Interested party: Scott+Scott Attorneys at Law LLP
Represented By: Thomas Livezey Laughlin, IV
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Consolidated plaintiff: Gopal Mirani
Represented By: Jeremy Alan Lieberman
Represented By: Joseph Alexander Hood, II
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Intervenor plaintiff: The Cleveland Bakers and Teamsters Pension Fund
Represented By: Daniel Lawrence Berger
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