Malo v. Nikola Corporation, et al
| Douglas Malo |
| Nikola Corporation doing business as Nikola Motor Company, Trevor Milton and Unknown Parties |
| Shahab Sandhu, Nikola Investor Group, George Mersho, Angelo Baio, Stanley Karcynski, Vincent Vi Kinh Chau, T3 Trading Group LLC, Nayankumar Patel and Dennis J Stacy, Sr. |
| 2:2020cv02237 |
| November 20, 2020 |
| US District Court for the District of Arizona |
| Steven P Logan |
| Douglas L Rayes |
| Other Statutes: Securities/Commodities |
| 12 U.S.C. § 22 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2020. A more recent docket listing may be available from PACER.
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Filing 33
ORDER - IT IS ORDERED: 1. That The Investor Group's Motion for and Memorandum of Authorities in Support of (1) Consolidation; (2) Appointment as Lead Plaintiff and (3) Approval of Its Selection of Lead Counsel and Liaison Counsel (Doc. 28) is granted in part as to the consolidation of the related actions and denied in part as to appointment as lead plaintiff and selection of lead and liaison counsel; 2. That the Clerk of Court shall consolidate Case Nos. CV-20-01797-PHX-SPL, CV-20-01819-PHX-DLR, CV-20-02123-PHX-JJT, CV-20-02168-PHX-DLR, CV-20-02237-PHX-DLR, and CV-20-02374-PHX-DWL, with CV-20-01797-PHX-SPL being the lead case; 3. That all future pleadings and papers submitted for filing shall bear the following complete case number: CV-20-01797-PHX-SPL and shall be filed only in the lead case; 4. That Angelo Baio's Motion to Consolidate Related Actions, Appoint Lead Plaintiff, and Approve Lead Plaintiff's Selection of Counsel (Doc. 16) is granted in part as to the appointment of Baio as lead plaintiff and selection of lead counsel and denied as moot as to the consolidation of the cases; and 5. That the Motions filed by Nayankumar Patel; Dennis J. Stacy, Sr.; Nikola Investor Group I; Nikola Investor Group II; Mahjabin Dinyarian; and Shahab Sandhu (Docs. 19, 20, 21, 24, 30, 31) are denied as moot. (Note: This order was docketed separately because there was not a motion to consolidate filed in this case. Therefore, when the order was filed in lead case CV-20-01797-PHX-SPL, it did not spread to this case). Signed by Judge Steven P Logan on 12/15/20. (LAD)
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| Filing 32 Letter Re Transfer of 5:20-cv-2168 from the Central District of California to the District of Arizona. New Case Number: CV-20-2237-PHX-DLR. (MAP) |
| Filing 31 CASE TRANSFERRED IN from District of California Central; Case Number 5:20-cv-02168 . Original file certified copy of transfer order and docket sheet received |
| Filing 29 NOTICE of Filing of Nayankumar Patel's Motion for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Lead Counsel filed by Lead Plaintiff Movant Nayankumar Patel. (Linehan, Charles) [Transferred from cacd on 11/20/2020.] |
| Filing 28 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form, #27 by Deputy Clerk of Court. The document is hereby stricken. Counsel may refile the motion correcting the deficiency listed in the Notice (Dkt. 27). Counsel shall refer to L.R. 6-1 and Judge Holcomb's Law and Motion Schedule, located on the Court's website under Judges' Procedures and Schedules, prior to refiling the motion. (iva) [Transferred from cacd on 11/20/2020.] |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Intervene and for appointment as lead Plaintiff and approval of counsel #16 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) [Transferred from cacd on 11/20/2020.] |
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Filing 30
ORDER ON JOINT STIPULATION TO TRANSFER AND EXTEND DEADLINE TO RESPOND TO COMPLAINT by Judge John W. Holcomb. IT IS HEREBY ORDERED: The Joint Stipulation be GRANTED. The Action is hereby transferred to the District of Arizona. IT IS SO ORDERED. (See Order for further details) [ transferring case to United States District Court, District of Arizona. Original file, certified copy of the transfer order and docket sheet sent.] (MD JS-6. Case Terminated.) (yl) [Transferred from cacd on 11/20/2020.]
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| Filing 26 DECLARATION of David C. Harrison in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff #24 filed by Movant T3 Trading Group, LLC. (Attachments: #1 Exhibit A - Borteanu Complaint, #2 Exhibit B - Wojichowski Complaint, #3 Exhibit C - Holzmacher Complaint, #4 Exhibit D - Eves Complaint, #5 Exhibit E - Salem Complaint, #6 Exhibit F - Malo Complaint, #7 Exhibit G - Press Release, #8 Exhibit H - T3 Trading PSLRA Certification, #9 Exhibit I - T3 Trading Loss Calculations, #10 Exhibit J - Lowey Dannenburg Resume, #11 Exhibit K - Schubert Jonckheer & Kolbe Resume)(Jonckheer, Willem) [Transferred from cacd on 11/20/2020.] |
| Filing 25 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff #24 filed by Movant T3 Trading Group, LLC. (Jonckheer, Willem) [Transferred from cacd on 11/20/2020.] |
| Filing 24 NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff filed by Movant T3 Trading Group, LLC. Motion set for hearing on 12/18/2020 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (Attorney Willem F Jonckheer added to party T3 Trading Group, LLC(pty:mov)) (Jonckheer, Willem) [Transferred from cacd on 11/20/2020.] |
| Filing 23 DECLARATION of of Richard M. Heimann in support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment of Lead Plaintiff #19 filed by Movant Nikola Investor Group. (Attachments: #1 Exhibit Exhibit A (Client Certs), #2 Exhibit Exhibit B - Loss Charts, #3 Exhibit Exhibit C - Joint Declaration (Fuly Executed), #4 Exhibit Exhibit D - Rosen Notice, #5 Exhibit Exhibit E - EC Firm Resume, #6 Exhibit Exhibit F - Lieff Cabraser Firm Resume)(Heimann, Richard) [Transferred from cacd on 11/20/2020.] |
| Filing 22 NOTICE FILING OF MOTION OF THE NIKOLA INVESTOR GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL filed by Movants George Mersho, Vincent (Vi Kinh) Chau, Stanley Karcynski. (Pafiti, Jennifer) [Transferred from cacd on 11/20/2020.] |
| Filing 21 NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff filed by lead plaintiff movant Dennis J. Stacy, Sr.. Motion set for hearing on 12/18/2020 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Lead Plaintiff Application filed in Borteanu v. Nikola Corp. (D. Ariz.)) (Attorney Michael Albert added to party Dennis J. Stacy, Sr.(pty:mov)) (Albert, Michael) [Transferred from cacd on 11/20/2020.] |
| Filing 20 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment of Lead Plaintiff #19 filed by Movant Nikola Investor Group. (Heimann, Richard) [Transferred from cacd on 11/20/2020.] |
| Filing 19 NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment of Lead Plaintiff filed by Movant Nikola Investor Group. Motion set for hearing on 12/18/2020 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order Proposed Order Appointing Lead Plaintiff) (Attorney Richard M Heimann added to party Nikola Investor Group(pty:mov)) (Heimann, Richard) [Transferred from cacd on 11/20/2020.] |
| Filing 18 DECLARATION of Stuart Price in support of NOTICE OF MOTION AND MOTION to Intervene and for appointment as lead Plaintiff and approval of counsel #16 filed by Movant Shahab Sandhu. (Attachments: #1 Exhibit A - notice announcing the pendency, #2 Exhibit B - Shahab Sandhus sworn certification, #3 Exhibit C - Shahab Sandhus Loss Chart, #4 Exhibit D - Firm Rsum of Bernstein Liebhard LLP)(Price, Stuart) [Transferred from cacd on 11/20/2020.] |
| Filing 17 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Intervene and for appointment as lead Plaintiff and approval of counsel #16 filed by Movant Shahab Sandhu. (Price, Stuart) [Transferred from cacd on 11/20/2020.] |
| Filing 16 [DOCUMENT STRICKEN PER DOCUMENT NO. 28] NOTICE OF MOTION AND MOTION to Intervene and for appointment as lead Plaintiff and approval of counsel filed by Plaintiff Shahab Sandhu. Motion set for hearing on 12/11/2020 at 09:00 AM before Judge John W. Holcomb. (Attorney Stuart M Price added to party Shahab Sandhu(pty:bkmov)) (Price, Stuart) Modified on 11/17/2020 (iva). [Transferred from cacd on 11/20/2020.] |
| Filing 15 Certification and NOTICE of Interested Parties filed by Movant Angelo Baio, (Rosen, Laurence) [Transferred from cacd on 11/20/2020.] |
| Filing 14 DECLARATION of Laurence M. Rosen in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #12 filed by Movant Angelo Baio. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume)(Rosen, Laurence) [Transferred from cacd on 11/20/2020.] |
| Filing 13 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #12 filed by Movant Angelo Baio. (Rosen, Laurence) [Transferred from cacd on 11/20/2020.] |
| Filing 12 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by Movant Angelo Baio. Motion set for hearing on 12/18/2020 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (Attorney Laurence M Rosen added to party Angelo Baio(pty:mov)) (Rosen, Laurence) [Transferred from cacd on 11/20/2020.] |
| Filing 11 Joint STIPULATION to Transfer Case to US District Court for the District of Arizona filed by Defendant Nikola Corporation. (Attachments: #1 Proposed Order)(Bladow, Robyn) [Transferred from cacd on 11/20/2020.] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed by Defendant Nikola Corporation (Bladow, Robyn) [Transferred from cacd on 11/20/2020.] |
| Filing 9 NOTICE of Appearance filed by attorney Robyn Eileen Bladow on behalf of Defendant Nikola Corporation (Attorney Robyn Eileen Bladow added to party Nikola Corporation(pty:dft))(Bladow, Robyn) [Transferred from cacd on 11/20/2020.] |
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Filing 8
STANDING ORDER by Judge John W. Holcomb. (iva) [Transferred from cacd on 11/20/2020.]
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| Filing 7 21 DAY Summons issued re Complaint #1 as to defendants Trevor Milton, Nikola Corporation. (esa) [Transferred from cacd on 11/20/2020.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from cacd on 11/20/2020.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Kenly Kiya Kato. (esa) [Transferred from cacd on 11/20/2020.] |
| Filing 4 CIVIL COVER SHEET filed by Plaintiff MALO DOUGLAS. (Friedman, Todd) [Transferred from cacd on 11/20/2020.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff MALO DOUGLAS, identifying NIKOLA CORPORATION DBA NIKOLA MOTOR COMPANY, TREVOR MILTON. (Friedman, Todd) [Transferred from cacd on 11/20/2020.] |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff MALO DOUGLAS. (Friedman, Todd) [Transferred from cacd on 11/20/2020.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-28571626 - Fee: $400, filed by Plaintiff MALO DOUGLAS. (Attorney Todd M Friedman added to party MALO DOUGLAS(pty:pla))(Friedman, Todd) [Transferred from cacd on 11/20/2020.] |
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