Oakland County Voluntary Employees Beneficiary Association et al v. Opendoor Technologies Incorporated et al
| Oakland County Voluntary Employees Beneficiary Association, Oakland County Employees Retirement System, Julio Maurice Bueno and Stuart Graham Hereford |
| Opendoor Technologies Incorporated, Eric Wu, Carrie Wheeler, Chamath Palihapitiya, Steven Trieu, Ian Osborne, Adam Bain, David Spillane, Cipora Herman, 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, iebert Williams Shank & Company LLC, SVF Excalibur (Cayman) Limited and Siebert Williams Shank & Company LLC |
| Chad Donnelly, Indiana Public Retirement System, Abdul Khalid, Yusuf Baloch and Wenshan Wu |
| 2:2022cv01987 |
| November 22, 2022 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| G Murray Snow |
| Other Statutes: Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 19
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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| Remark: Out of state attorneys Charles Linehan, Robert Prongay and Frank R Cruz terminated as counsel 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) |
| 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) |
| Filing 17 NOTICE re: of Withdrawal by Stuart Graham Hereford . (Lammers, Mark) |
| Filing 16 NOTICE re: The Investor Group's Non-Opposition to Competing Lead Plaintiff Motions by Yusuf Baloch, Abdul Khalid, Wenshan Wu . (Urman, Gary) |
| Remark: Pro hac vice motion(s) granted for James M Wilson, Jr, Robert W Killorin 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) |
| Filing 15 Corporate Disclosure Statement by Opendoor Technologies Incorporated. (Gray, John) |
| Filing 14 NOTICE of Appearance by John Christopher Gray on behalf of 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. (Gray, John) |
| Remark: Pro hac vice motion(s) granted for Adam S Hakki on behalf of Defendants 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. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Lyle Roberts on behalf of Defendants 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. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| 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). |
| 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) |
| 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) |
| 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) |
| 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) |
| Remark: Pro hac vice motion(s) granted for Aaron L Castle on behalf of Plaintiffs 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) |
| Remark: Pro hac vice motion(s) granted for Guillaume Buell on behalf of Plaintiffs 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) |
| Filing 8 Corporate Disclosure Statement by Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. (McConville, Francis) |
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Filing 7
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Chief Judge G Murray Snow on 11/22/22. (SST)
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Filing 6
ORDER/NOTICE PURSUANT TO FED. R. CIV. P. 4(m): IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on February 22, 2023. (See Order for details.) Signed by Chief Judge G Murray Snow on 11/22/22. (SST)
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| Filing 5 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. (JAM) |
| Filing 4 Summons Issued as to 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, SVF Excalibur (Cayman) Limited, Samuel A. Ramirez & Company Incorporated, Glenn Solomon, David Spillane, TD Securities (USA) LLC, Steven Trieu, Wedbush Securities Incorporated, Carrie Wheeler, Eric Wu, Zelman Partners LLC, iebert Williams Shank & Company LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons, #24 Summons, #25 Summons, #26 Summons, #27 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number AAZDC-21338524. This case has been assigned to the Honorable G Murray Snow. All future pleadings or documents should bear the correct case number: CV-22-1987-PHX-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) |
| Filing 2 SUMMONS Submitted by Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons, #24 Summons, #25 Summons, #26 Summons, #27 Summons)(JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21338524 filed by Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association. (McConville, Francis) (Attachments: #1 Civil Cover Sheet)(JAM) |
| Remark: Pro hac vice motion(s) granted for Francis P McConville on behalf of Plaintiffs 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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