Burbridge v. ADTRAN, Inc. et al
| Michael Burbridge |
| Michael Foliano, Thomas R. Stanton, Roger D. Shannon and Adtran Inc |
| 5:2020cv00050 |
| January 13, 2020 |
| US District Court for the Northern District of Alabama |
| Liles C Burke |
| Herman N Johnson |
| Securities/Commodities |
| 15 U.S.C. § 0078 j |
| Plaintiff |
Docket Report
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| Filing 32 NOTICE OF ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL) |
| Filing 31 Case transferred in from District of New York Southern; Case Number 1:19-cv-09619. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Alabama (mro) [Transferred from New York Southern on 1/13/2020.] |
| Filing 30 DECLARATION of Reed R. Kathrein in Support re: #14 MOTION to Appoint Reza Adhami, Ph.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP.. Document filed by Reza Adhami. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Zweig, Jason) [Transferred from New York Southern on 1/13/2020.] |
| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Appoint Reza Adhami, Ph.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP. . Document filed by Reza Adhami. (Zweig, Jason) [Transferred from New York Southern on 1/13/2020.] |
| Filing 28 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Appoint Michael Burbridge to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Michael Burbridge. (Linkh, Gregory) [Transferred from New York Southern on 1/13/2020.] |
Filing 27
ORDER TO TRANSFER ACTION TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA PURSUANT TO 28 U.S.C. 1404(a): THIS MATTER comes before the Court on Defendants' pre-motion letter regarding transfer of venue pursuant to 28 U.S.C. 1404(a). The Court is fully advised in the matter, and for the reasons and authorities stated in Defendants' letter, good cause appears to grant the requested relief. The Court hereby ORDERS as follows: 1. Defendants shall not be required to respond to the Complaint (Dkt. 1). 2. This case is TRANSFERRED pursuant to 28 U.S.C. 1404(a) to the United States District Court for the Northern District of Alabama. 3. The pending lead plaintiff motions (Dkts. 11, 14), together with all response and reply briefing, are deferred to the presiding court in the Northern District of Alabama. (Signed by Judge Lorna G. Schofield on 1/6/2020) (mro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/13/2020.]
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| Filing 26 LETTER addressed to Judge Lorna G. Schofield from Jason A. Zweig and Gregory B. Linkh dated January 3, 2020 re: Response to Defendants' Letter Motion to Transfer Venue (ECF No. 17). Document filed by Reza Adhami.(Zweig, Jason) [Transferred from New York Southern on 1/13/2020.] |
| Filing 25 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Appoint Michael Burbridge to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Reza Adhami. (Zweig, Jason) [Transferred from New York Southern on 1/13/2020.] |
| Filing 24 NOTICE OF APPEARANCE by Garth Avery Spencer on behalf of Michael Burbridge. (Spencer, Garth) [Transferred from New York Southern on 1/13/2020.] |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #25 Memorandum in Opposition) - REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Appoint Reza Adhami, Ph.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP. . Document filed by Reza Adhami. (Zweig, Jason) Modified on 1/6/2020 (db). [Transferred from New York Southern on 1/13/2020.] |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Appoint Reza Adhami, Ph.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP. . Document filed by Michael Burbridge. (Linkh, Gregory) [Transferred from New York Southern on 1/13/2020.] |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ADTRAN, Inc..(Corley, Jessica) [Transferred from New York Southern on 1/13/2020.] |
| Filing 20 RESPONSE to Motion re: #14 MOTION to Appoint Reza Adhami, Ph.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP., #11 MOTION to Appoint Michael Burbridge to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by ADTRAN, Inc., Michael Foliano, Roger D. Shannon, Thomas R. Stanton. (Corley, Jessica) [Transferred from New York Southern on 1/13/2020.] |
| Filing 19 MEMO ENDORSEMENT on re: #17 LETTER MOTION for Conference pre-motion conference regarding defendants' motion to transfer pursuant to 28 U.S.C. 1404(a) on the previously-scheduled 1/9/20 conference date and staying defendants' time to answer pending amended filed by Roger D. Shannon, ADTRAN, Inc., Michael Foliano, Thomas R. Stanton. ENDORSEMENT: Counsel for lead plaintiff movant Burbridge and lead plaintiff movant Adhami shall filed, by January 3, 2020, a joint letter responding to Defendants' request to transfer of venue. The letter shall not exceed four pages, single-spaced, and shall otherwise comply with the Court's Individual Rules regarding letters. ( Responses due by 1/3/2020) (Signed by Judge Lorna G. Schofield on 12/24/2019) (cf) [Transferred from New York Southern on 1/13/2020.] |
| Filing 18 PROPOSED ORDER. Document filed by ADTRAN, Inc., Michael Foliano, Roger D. Shannon, Thomas R. Stanton. Related Document Number: [ECF Doc. 17 - Proposed Order of Transfer]. (Corley, Jessica) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 1/13/2020.] |
| Filing 17 LETTER MOTION for Conference / pre-motion conference regarding defendants' motion to transfer pursuant to 28 U.S.C. 1404(a) on the previously-scheduled 1/9/20 conference date and staying defendants' time to answer pending amended complaint addressed to Judge Lorna G. Schofield from Jessica Perry Corley dated 12/23/2019. Document filed by ADTRAN, Inc., Michael Foliano, Roger D. Shannon, Thomas R. Stanton.(Corley, Jessica) [Transferred from New York Southern on 1/13/2020.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order was reviewed and approved as to form. (km) [Transferred from New York Southern on 1/13/2020.] |
| Filing 16 DECLARATION of Lucas E. Gilmore in Support re: #14 MOTION to Appoint Reza Adhami, Ph.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP.. Document filed by Reza Adhami. (Attachments: #1 Exhibit A (Signed Certification), #2 Exhibit B (Loss Chart), #3 Exhibit C (Press Release), #4 Exhibit D (Firm Resume))(Zweig, Jason) [Transferred from New York Southern on 1/13/2020.] |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Appoint Reza Adhami, Ph.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP. . Document filed by Reza Adhami. (Zweig, Jason) [Transferred from New York Southern on 1/13/2020.] |
| Filing 14 MOTION to Appoint Reza Adhami, Ph.D. to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Hagens Berman Sobol Shapiro LLP. Document filed by Reza Adhami. (Attachments: #1 Text of Proposed Order)(Zweig, Jason)[Transferred from New York Southern on 1/13/2020.] Modified on 1/13/2020 (BJL). |
| Filing 13 DECLARATION of Gregory B. Linkh in Support re: #11 MOTION to Appoint Michael Burbridge to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Michael Burbridge. (Attachments: #1 Exhibit A- Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - Firm Resume)(Linkh, Gregory) [Transferred from New York Southern on 1/13/2020.] |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Appoint Michael Burbridge to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Michael Burbridge. (Linkh, Gregory) [Transferred from New York Southern on 1/13/2020.] |
| Filing 11 MOTION to Appoint Michael Burbridge to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Michael Burbridge. (Attachments: #1 Text of Proposed Order)(Linkh, Gregory)[Transferred from New York Southern on 1/13/2020.] Modified on 1/13/2020 (BJL). |
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Filing 10
ORDER granting #8 Letter Motion to Adjourn Conference; granting #8 Letter Motion for Extension of Time to Answer. APPLICATION GRANTED. Defendant ADTRAN, Inc. shall answer or otherwise respond to the Complaint by January 21, 2020. The initial conference set for December 12, 2019, at 10:30 A.M. is adjourned to January 9, 2020, at 10:30 A.M. At that time the Court will appoint a lead Plaintiff, set a schedule for the filing of a consolidated amended complaint and for any pre-motion letter and motion to dismiss. ( Initial Conference set for 1/9/2020 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 11/25/2019) (mro) [Transferred from New York Southern on 1/13/2020.]
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| Filing 9 NOTICE OF CHANGE OF ADDRESS by Jessica Perry Corley on behalf of ADTRAN, Inc., Michael Foliano, Roger D. Shannon, Thomas R. Stanton. New Address: King & Spalding LLP, 1180 Peachtree Street NE, Atlanta, Georgia, USA 30309, 404-572-4717. (Corley, Jessica) [Transferred from New York Southern on 1/13/2020.] |
| Filing 8 CONSENT LETTER MOTION to Adjourn Conference currently scheduled for December 12, 2019 addressed to Judge Lorna G. Schofield from Jessica Perry Corley dated 11/22/2019., CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint as to defendant ADTRAN, Inc. until 1/21/20 to establish the same uniform deadline for all defendants addressed to Judge Lorna G. Schofield from Jessica Perry Corley dated 11/22/2019. Document filed by ADTRAN, Inc., Michael Foliano, Roger D. Shannon, Thomas R. Stanton.(Corley, Jessica) [Transferred from New York Southern on 1/13/2020.] |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. ADTRAN, Inc. waiver sent on 11/22/2019, answer due 1/21/2020; Michael Foliano waiver sent on 11/22/2019, answer due 1/21/2020; Roger D. Shannon waiver sent on 11/22/2019, answer due 1/21/2020; Thomas R. Stanton waiver sent on 11/22/2019, answer due 1/21/2020. Document filed by Michael Burbridge. (Portnoy, Lesley) [Transferred from New York Southern on 1/13/2020.] |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. ADTRAN, Inc. served on 11/5/2019, answer due 11/26/2019. Service was accepted by DAISY MONTENEGRO, INTAKE SPECIALIST, CT CORPORATION SYSTEM, REGISTERED AGENT. Document filed by Michael Burbridge. (Portnoy, Lesley) [Transferred from New York Southern on 1/13/2020.] |
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Filing 5
ORDER: Initial Conference set for 12/12/2019 at 10:30 AM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/5/2019) (mro) [Transferred from New York Southern on 1/13/2020.]
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to ADTRAN, Inc., Michael Foliano, Roger D. Shannon, Thomas R. Stanton. (dnh) [Transferred from New York Southern on 1/13/2020.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lesley Frank Portnoy. The party information for the following party/parties has been modified: Michael Burbridge. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) [Transferred from New York Southern on 1/13/2020.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (dnh) [Transferred from New York Southern on 1/13/2020.] |
| Case Designated ECF. (dnh) [Transferred from New York Southern on 1/13/2020.] |
| Magistrate Judge Barbara C. Moses 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. (dnh) [Transferred from New York Southern on 1/13/2020.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to ADTRAN, INC., THOMAS R. STANTON, MICHAEL FOLIANO, ROGER D. SHANNON, re: #1 Complaint. Document filed by Michael Burbridge. (Portnoy, Lesley) [Transferred from New York Southern on 1/13/2020.] |
| Filing 2 CIVIL COVER SHEET filed. (Portnoy, Lesley) [Transferred from New York Southern on 1/13/2020.] |
| Filing 1 COMPLAINT against ADTRAN, Inc., Michael Foliano, Roger D. Shannon, Thomas R. Stanton. (Filing Fee $ 400.00, Receipt Number ANYSDC-17792180)Document filed by Michael Burbridge.(Portnoy, Lesley) [Transferred from New York Southern on 1/13/2020.] |
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