In re Opendoor Technologies Incorporated Securities Litigation
| Sam Alich |
| Opendoor Technologies Incorporated, Eric Wu, Carrie Wheeler, Chamath Palihapitiya, Steven Trieu, Ian Osborne, Adam Bain, David Spillane, Cipora Herman and Social Capital Hedosophia Holdings Corporation II |
| Abdul Khalid, Yusuf Baloch, Wenshan Wu and Chad Donnelly |
| Opendoor Technologies Incorporated Securities Litigation |
| Oakland County Voluntary Employees Beneficiary Association, Oakland County Employees Retirement System, Indiana Public Retirement System, Julio Maurice Bueno and Stuart Graham Hereford |
| Pueo Keffer, Glenn Solomon, Jason Kilar, Jonathan Jaffe, Citigroup Global Markets Incorporated, Goldman Sachs & Company LLC, Barclays Capital Incorporated, Deutsche Bank Securities Incorporated, Oppenheimer & Company Incorporated, BTIG LLC, KeyBanc Capital Markets Incorporated, Wedbush Securities Incorporated, TD Securities (USA) LLC, Zelman Partners LLC, Academy Securities Incorporated, Loop Capital Markets LLC, Samuel A. Ramirez & Company Incorporated, Siebert Williams Shank & Company LLC and SVF Excalibur (Cayman) Limited |
| 2:2022cv01717 |
| October 7, 2022 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| James F Metcalf |
| Other Statutes: Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 44
AMENDED ORDER TO TRANSFER - The Court amends its previous Order to Transfer (Doc. #43 ) to read as follows: IT IS ORDERED that case number 2:23-CV-00367-GMS, consolidated with 2:23-CV-455-DMF, is hereby transferred to the Hon. Michael T. Liburdi, before whom the above related earlier-filed securities class action is pending, for all purposes, including trial. All future pleadings in the transferred action shall bear the following caption: In re Opendoor Technologies Inc. Stockholder Derivative Litigation, No. 2:23-CV-00367-MTL. Signed by Judge Michael T Liburdi on 5/3/23. (SMF)
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Filing 43
*AMENDED by Doc 44* ORDER granting (42) Motion to Transfer Related Case in case 2:22-cv-01717-MTL; granting (13) Motion to Transfer Related Case. in case 2:23-cv-00367-GMS; granting (8) Motion to Transfer Related Case. in case 2:23-cv-00455-GMS. Case number 2:23-CV-00367-GMS, consolidated with 2:23-CV-455-DMF, is hereby transferred to the Hon. Michael T. Liburdi, before whom the above related earlier-filed securities class action is pending, for all purposes, including trial. All future pleadings in this consolidated action shall bear the following caption: In re Opendoor Technologies Inc. Securities Litigation, No. 2:22-CV 01717-MTL. Signed by Judge Michael T Liburdi on 5/2/23. (Associated Cases: 2:22-cv-01717-MTL, 2:23-cv-00367-GMS, 2:23-cv-00455-GMS) (SMF) *Modified text on 5/4/2023 (KJ).
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Filing 42
MOTION to Transfer Related Case by Ryan Carlson. **Redocket by the Clerk for statistical purposes. (Attachments: #1 Proposed Order) (Associated Cases: CV-23-00367-PHX-GMS, CV-23-00455-PHX-GMS, CV-22-01717-PHX-MTL) (DXD) *Modified filed date on 5/1/2023 (DXD).
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Filing 41
Summons Issued as to Social Capital Hedosophia Holdings Corp. II. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 40
SUMMONS Submitted by Indiana Public Retirement System, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. (Canty, Michael)
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Filing 39
AMENDED COMPLAINT / Consolidated Amended Complaint for Violations of the Federal Securities Laws against Academy Securities Incorporated, BTIG LLC, Adam Bain, Barclays Capital Incorporated, Citigroup Global Markets Incorporated, Deutsche Bank Securities Incorporated, Goldman Sachs & Company LLC, Cipora Herman, Jonathan Jaffe, Pueo Keffer, KeyBanc Capital Markets Incorporated, Jason Kilar, Loop Capital Markets LLC, Opendoor Technologies Incorporated, Oppenheimer & Company Incorporated, Ian Osborne, Chamath Palihapitiya, Samuel A. Ramirez & Company Incorporated, Siebert Williams Shank & Company LLC, Glenn Solomon, David Spillane, TD Securities (USA) LLC, Steven Trieu, Wedbush Securities Incorporated, Carrie Wheeler, Eric Wu, Zelman Partners LLC, Social Capital Hedosophia Holdings Corp. II filed by Indiana Public Retirement System, Oakland County Voluntary Employees Beneficiary Association, Stuart Graham Hereford, Oakland County Employees Retirement System. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Canty, Michael)
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Filing 38
ORDER granting Lead Plaintiffs' Unopposed Motion for Extension of Time to File the Consolidated Amended Complaint (Doc. #37 ) as follows: Lead Plaintiffs' Amended Complaint shall be filed no later than 4/17/23; Defendants shall file any motion to dismiss no later than 6/16/23; Lead Plaintiffs shall file any opposition to Defendants' motion to dismiss no later than 8/15/23; and Defendants shall file any reply in support of their motion to dismiss no later than 9/29/23. Signed by Judge Michael T Liburdi on 3/24/23. (SMF)
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Filing 37
First MOTION for Extension of Time to File the Consolidated Amended Complaint by Indiana Public Retirement System, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. (Attachments: #1 Proposed Order)(Canty, Michael)
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Filing 36
NOTICE TO FILER OF DEFICIENCY re: #34 Notice (Other) filed by Julio Maurice Bueno. Document not in compliance with LRCiv 83.3(b). Appearance by Attorney. Please note no Attorney shall be permitted to withdraw/substitute except by formal written order of the Court FOLLOW-UP ACTION REQUIRED: Please refile corrected Motion. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMF)
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Filing 35
Corporate Disclosure Statement by Academy Securities Incorporated, BTIG LLC, Barclays Capital Incorporated, Citigroup Global Markets Incorporated, Deutsche Bank Securities Incorporated, Goldman Sachs & Company LLC, KeyBanc Capital Markets Incorporated, Loop Capital Markets LLC, Oppenheimer & Company Incorporated, Samuel A. Ramirez & Company Incorporated, Siebert Williams Shank & Company LLC, TD Securities (USA) LLC, Wedbush Securities Incorporated, Zelman Partners LLC identifying Corporate Parent Wedbush Financial Services, LLC, Corporate Parent Wedbush Capital for Wedbush Securities Incorporated; Corporate Parent Toronto Dominion Holding (U.S.A.), Corporate Parent TD Group US Holding LLC, Corporate Parent Toronto Dominion Bank for TD Securities (USA) LLC; Corporate Parent DB USA Corporation, Corporate Parent Deutsche Bank AG, Corporate Parent DB U.S. Financial Markets Holding Corporation for Deutsche Bank Securities Incorporated; Corporate Parent WDIB, LLC, Corporate Parent WD-Investor, LLC, Corporate Parent Walker & Dunlop, Inc for Zelman Partners LLC; Corporate Parent Barclays PLC for Barclays Capital Incorporated; Corporate Parent SAR Holdings, Inc for Samuel A. Ramirez & Company Incorporated; Corporate Parent Oppenheimer Holding Inc. for Oppenheimer & Company Incorporated; Corporate Parent KeyCorp for KeyBanc Capital Markets Incorporated; Corporate Parent Condor Trading LP for BTIG LLC; Corporate Parent Goldman Sachs Group, Inc for Goldman Sachs & Company LLC; Corporate Parent Citigroup Inc. for Citigroup Global Markets Incorporated. (Rosenberg, Jonathan)
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Filing 34
NOTICE re: Notice of Withdrawal by Julio Maurice Bueno re: 33 Notice of Deficiency (Text Only), . (Zwillinger, Scott)
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Filing 33
NOTICE TO FILER OF DEFICIENCY re: #32 Notice (Other). Document not in compliance with LRCiv 83.3(b) Appearance by Attorney. Please note no Attorney shall be permitted to withdraw/substitute except by formal written order of the Court. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD)
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Filing 32
NOTICE re: Withdrawal of Liaison Counsel for Julio Maurice Bueno by Julio Maurice Bueno . (Zwillinger, Scott)
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Remark: Pro hac vice motion(s) granted for Jonathan Rosenberg, Amy S Park, William Sushon on behalf of Consol Defendants Academy Securities Incorporated, BTIG LLC, Barclays Capital Incorporated, Citigroup Global Markets Incorporated, Deutsche Bank Securities Incorporated, Goldman Sachs & Company LLC, KeyBanc Capital Markets Incorporated, Loop Capital Markets LLC, Oppenheimer & Company Incorporated, Samuel A. Ramirez & Company Incorporated, Siebert Williams Shank & Company LLC, TD Securities (USA) LLC, Wedbush Securities Incorporated, Zelman Partners LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 31
NOTICE of Appearance by Michael J Farrell on behalf of Academy Securities Incorporated, BTIG LLC, Barclays Capital Incorporated, Citigroup Global Markets Incorporated, Deutsche Bank Securities Incorporated, Goldman Sachs & Company LLC, KeyBanc Capital Markets Incorporated, Loop Capital Markets LLC, Samuel A. Ramirez & Company Incorporated, Siebert Williams Shank & Company LLC, TD Securities (USA) LLC, Wedbush Securities Incorporated, Zelman Partners LLC. (Farrell, Michael)
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Filing 30
ORDER pursuant to #21 Stipulation: Status Conference set for February 28, 2023 is vacated. See order for additional deadlines and details. Signed by Judge Michael T. Liburdi on 2/27/2023. (LMR)
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Filing 29
Corporate Disclosure Statement by SVF Excalibur (Cayman) Limited identifying Corporate Parent SoftBank Group Corporation for SVF Excalibur (Cayman) Limited. (Gray, John)
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Filing 28
ORDER: IT IS ORDERED granting the Motion to Appear Telephonically (Doc. #26 ). Defendants' counsel William J. Sushon may appear telephonically at the Status Conference set for February 28, 2023, at 1:00 P.M. Counsel is directed to call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speaker phones and headsets. Ordered by Judge Michael T. Liburdi on 2/27/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 27
NOTICE of Appearance by John Christopher Gray on behalf of SVF Excalibur (Cayman) Limited. (Gray, John)
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Filing 26
MOTION for Leave to Appear TELEPHONICALLY by Academy Securities Incorporated, BTIG LLC, Barclays Capital Incorporated, Citigroup Global Markets Incorporated, Deutsche Bank Securities Incorporated, Goldman Sachs & Company LLC, KeyBanc Capital Markets Incorporated, Loop Capital Markets LLC, Oppenheimer & Company Incorporated, Samuel A. Ramirez & Company Incorporated, Siebert Williams Shank & Company LLC, TD Securities (USA) LLC, Wedbush Securities Incorporated, Zelman Partners LLC. (Attachments: #1 Proposed Order)(Farrell, Michael)
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Filing 25
NOTICE of Appearance by Gary A Gotto on behalf of Indiana Public Retirement System, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. (Gotto, Gary)
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Filing 24
SERVICE EXECUTED filed by Indiana Public Retirement System, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association: Rule 4 Waiver of Service of Summons. Waiver sent on 02/24/2023 to Lyle Roberts . (Canty, Michael)
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Filing 23
NOTICE of Appearance by Michael J Farrell on behalf of Academy Securities Incorporated, BTIG LLC, Barclays Capital Incorporated, Deutsche Bank Securities Incorporated, Goldman Sachs & Company LLC, KeyBanc Capital Markets Incorporated, Loop Capital Markets LLC, Oppenheimer & Company Incorporated, Samuel A. Ramirez & Company Incorporated, Siebert Williams Shank & Company LLC, TD Securities (USA) LLC, Wedbush Securities Incorporated, Zelman Partners LLC. (Farrell, Michael)
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Remark: Pro hac vice motion(s) granted for Michael P Canty on behalf of Consol Plaintiffs Indiana Public Retirement System, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Nicholas Manningham on behalf of Consol Plaintiffs Indiana Public Retirement System, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for James T Christie on behalf of Consol Plaintiffs Indiana Public Retirement System, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 22
ORDER: The Court is in receipt of the parties' stipulation (Doc. #21 ). IT IS ORDERED reaffirming the Court's previous Order (Doc. 20) setting a Status Conference for February 28, 2023 at 1:00 p.m. (Arizona time) in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Out-of-state counsel may file a motion for leave to appear telephonically. Counsel shall be prepared to discuss whether the Underwriter Defendants and SVF Excalibur (Cayman) Limited have been served, their legal representation, and their involvement in this case.Ordered by Judge Michael T. Liburdi on 2/21/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 21
STIPULATION RE FILING OF AMENDED COMPLAINT AND MOTION TO DISMISS BRIEFING SCHEDULE by Adam Bain, Cipora Herman, Jonathan Jaffe, Pueo Keffer, Jason Kilar, Opendoor Technologies Incorporated, Ian Osborne, Chamath Palihapitiya, Glenn Solomon, David Spillane, Steven Trieu, Carrie Wheeler, Eric Wu. (Attachments: #1 Proposed Order)(Gray, John)
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Filing 20
ORDER granting (12 in case 2:22-cv-01717-MTL) and denying (9,11,13 in case 2:22-cv-01717-MTL) Motions to Consolidate Cases. Consolidating cases 2:22-CV-01717-MTL and 2:22-CV-01987-GMS for all purposes, including trial. All future pleadings in this consolidated action shall bear the following caption: In re Opendoor Technologies Inc. Securities Litigation, No. 2:22-CV-01717-MTL. Appointing Indiana Public Retirement System, Oakland County Employees' Retirement System, and Oakland County Voluntary Employees Beneficiary Association as Lead Plaintiff and approving Labaton Sucharow LLP as Lead Counsel. Setting a Status Conference for 2/28/23 at 1:00 p.m. (Arizona time) in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Out-of-state counsel may file a motion for leave to appear telephonically. Counsel shall be prepared to discuss the Joint Stipulation (Doc. 8). See Order for further details. Signed by Judge Michael T Liburdi on 2/1/23. (Associated Cases: 2:22-cv-01717-MTL, 2:22-cv-01987-GMS) (SMF)
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Filing 19
WITHDRAWAL OF DOCUMENT re: #10 MOTION to Consolidate Cases field by Stuart Graham Hereford. **Redocketed by Clerk in lower case number for statistical puposes. (DXD)
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Filing 18
RESPONSE to Motion re: (12 in 2:22-cv-01717-MTL, 12 in 2:22-cv-01717-MTL) MOTION to Consolidate Cases , and for Appointment as Lead Plaintiff and Approval of Selection of Counsel and Memorandum of Points and Authorities in Support Thereof filed by Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. (Associated Cases: 2:22-cv-01717-MTL, 2:22-cv-01987-GMS) (McConville, Francis)
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Filing 17
NOTICE re: Non-Opposition of Julio Maurice Bueno to Competing Lead Plaintiff Motions by Julio Maurice Bueno . (Zwillinger, Scott)
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Remark: Pro hac vice motion(s) granted for Adam M Apton on behalf of Movant Julio Maurice Bueno. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 16
NOTICE re: of Non-Opposition to Competing Motions for Consolidation, Appointment as Lead Plaintiff, and Approval of Counsel by Chad Donnelly . (Gotto, Gary)
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Filing 15
NOTICE re: The Investor Group's Non-Opposition to Competing Lead Plaintiff Motions by Abdul Khalid, Yusuf Baloch, Wenshan Wu re: #10 MOTION to Consolidate Cases , #11 MOTION to Consolidate Cases , Appointment of Lead Plaintiff, and Approval of Counsel; Memorandum of Points and Authorities in Support, #9 MOTION to Consolidate Cases , and Appointment of Julio Maurice Bueno as Lead Plaintiff, and Approval of Selection of Counsel, #12 MOTION to Consolidate Cases , and for Appointment as Lead Plaintiff and Approval of Selection of Counsel and Memorandum of Points and Authorities in Support Thereof . (Urman, Gary)
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Remark: Pro hac vice motion(s) granted for Robert W Killorin, James M Wilson, Jr on behalf of Movants Yusuf Baloch, Abdul Khalid, Wenshan Wu. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 14
Corporate Disclosure Statement by Opendoor Technologies Incorporated. (Gray, John)
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Remark: Pro hac vice motion(s) granted for Adam S Hakki on behalf of Defendants Adam Bain, Cipora Herman, Opendoor Technologies Incorporated, Ian Osborne, Chamath Palihapitiya, David Spillane, Steven Trieu, Carrie Wheeler, Eric Wu. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Lyle Roberts on behalf of Defendants Adam Bain, Cipora Herman, Opendoor Technologies Incorporated, Ian Osborne, Chamath Palihapitiya, David Spillane, Steven Trieu, Carrie Wheeler, Eric Wu. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 13
MOTION to Consolidate Cases and Appoint Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel (The Investor Group) by Abdul Khalid, Yusuf Baloch, Wenshan Wu. (Attachments: #1 Declaration of Gary F. Urman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order) (Associated Cases: CV-22-01717-PHX-MTL, CV-22-01987-PHX-GMS) (Urman, Gary) *Modified filers/text on 12/7/2022 (DXD).
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Filing 12
MOTION to Consolidate Cases , and for Appointment as Lead Plaintiff and Approval of Selection of Counsel and Memorandum of Points and Authorities in Support Thereof by Indiana Public Retirement System, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. (Attachments: #1 F. McConville Declaration, #2 Exhibit A - Certifications, #3 Exhibit B - Loss Analysis, #4 Exhibit C - Joint Declaration, #5 Exhibit D - Notice, #6 Exhibit E - Notice, #7 Exhibit F - Labaton Sucharow Firm Resume, #8 Proposed Order) (Associated Cases: CV-22-1717-PHX-MTL, CV-22-01987-PHX-GMS) (McConville, Francis)
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Filing 11
MOTION to Consolidate Cases , Appointment of Lead Plaintiff, and Approval of Counsel; Memorandum of Points and Authorities in Support by Chad Donnelly. (Attachments: #1 Exhibit Declaration, #2 Exhibit Ex A, #3 Exhibit Ex B, #4 Exhibit Ex C, #5 Exhibit Ex D, #6 Exhibit Ex E, #7 Exhibit Ex F, #8 Proposed Order) (Associated Cases: CV-22-01717-MTL) (Gotto, Gary)
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Filing 10
MOTION to Consolidate Cases by Stuart Graham Hereford. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order) (Associated Cases: CV-22-1717-MTL, CV-22-1987-GMS) (Lammers, Mark)
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Filing 9
MOTION to Consolidate Cases , and Appointment of Julio Maurice Bueno as Lead Plaintiff, and Approval of Selection of Counsel by Julio Maurice Bueno. (Attachments: #1 Appendix Zwillinger Declaration, #2 Proposed Order) (Associated Cases: CV-22-01717-PHX-MTL, CV-22-01987-PHX-GMS) (Zwillinger, Scott)
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Filing 8
STIPULATION (Joint) Waiving Service of Summons and Complaint and for Extension of Defendants' Time to Respond to Complaint by Sam Alich. (Attachments: #1 Proposed Order)(Gotto, Gary)
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Remark: Pro hac vice motion(s) granted for Joshua E Fruchter on behalf of Plaintiff Sam Alich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Out of state attorney Joshua E Fruchter terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 7
MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Michael T Liburdi. All further pleadings/papers should now list the following COMPLETE case number: CV-22-1717-PHX-MTL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Filing 6
Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Remark: Pro hac vice motion(s) granted for Jeremy A Lieberman on behalf of Plaintiff Sam Alich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for J Alexander Hood, II on behalf of Plaintiff Sam Alich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 4
Summons Issued as to Adam Bain, Cipora Herman, Opendoor Technologies Incorporated, Ian Osborne, Chamath Palihapitiya, David Spillane, Steven Trieu, Carrie Wheeler, Eric Wu. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 3
Filing fee paid, receipt number AAZDC-21185500. This case has been assigned to the Honorable James F Metcalf. All future pleadings or documents should bear the correct case number: CV-22-1717-PHX-JFM. Magistrate Election form attached. (ARC)
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Filing 2
SUMMONS Submitted by Sam Alich. (Gotto, Gary) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(ARC)
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Filing 1
COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21185500 filed by Sam Alich. (Gotto, Gary) (Attachments: #1 Civil Cover Sheet)(ARC)
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