Adam Vignola v. FAT Brands, Inc. et al
Plaintiff: Adam Vignola
Defendant: Andrew A. Wiederhorn, TriPoint Global Equities, LLC, Edward H. Rensi, FAT Brands, Inc., Ron Roe, James Neuhauser, Jeff Lotman, Silvia Kessel, Squire Junger, Marc L. Holtzman and Fog Cutter Capital Group Inc.
Petitioner: David Kovacs, Charles Jordan and Randy Siade
Case Number: 2:2018cv07469
Filed: August 24, 2018
Court: US District Court for the Central District of California
Presiding Judge: Paul L Abrams
Referring Judge: Philip S Gutierrez
Nature of Suit: Securities/Commodities
Cause of Action: 15:77
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2020 Opinion or Order Filing 100 ORDER GRANTING STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a) by Judge Philip S. Gutierrez, re Stipulation to Dismiss Case #99 : The Court, having considered the Stipulation for Voluntary Dismissal With Prejudice Pursuant to Fed. R. Civ. P. 41(a), HEREBY ORDERS as follows: 1. The above-captioned action is dismissed with prejudice in its entirety. 2. The Court shall retain jurisdiction for the sole purpose of enforcing the Parties' Settlement Agreement. 3. The Parties are to bear their own costs, fees, and expenses. 4. No notice of this dismissal or the Settlement Agreement is required as: (a) Plaintiffs are settling and dismissing their individual claims; and (b) the Court denied certification of the putative class. (Made JS-6. Case Terminated.) (bm)
October 9, 2020 Filing 99 STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a) filed by Plaintiffs Charles Jordan, David Kovacs. (Attachments: #1 Proposed Order)(Rosen, Laurence)
April 1, 2020 Opinion or Order Filing 98 ORDER/REFERRAL to ADR Procedure No 3 by Judge Philip S. Gutierrez. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than January 29, 2021. (bm)
April 1, 2020 Opinion or Order Filing 97 ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez: Final Pretrial Conference: 03/15/2021 at 2:30 p.m. Trial Date: 03/30/2021 at 9:00 a.m. UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES SHALL APPLY: (see document for further details) (bm)
April 1, 2020 Opinion or Order Filing 96 MINUTE ORDER (In Chambers): VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: On the Court's own motion, the Scheduling Conference presently set for April 6, 2020 is VACATED, and the following dates are hereby set. Please review the Court's trial order for further details. Last Day to Add Parties and Amend Pleadings (Doe defendants are dismissed as of cut-off to add parties): 05/06/2020; Discovery Cut-Off: 12/29/2020; Last Day to File Motions: 01/12/2021; Opening Expert Witness Disclosure [See F.R.Civ.P. 26(a)(2)]: 01/05/2021; Rebuttal Expert Witness Disclosure: 02/02/2021; Expert Discovery Cut-Off: 02/23/2021; Final Pretrial Conference (2:30 p.m.): 03/15/2021; Jury Trial (9:00 a.m.): 03/30/2021, Estimated Length: 5 days (bm)
March 30, 2020 Filing 95 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Movants Charles Jordan, David Kovacs.. (Rosen, Laurence)
March 13, 2020 Filing 94 MINUTES (In Chambers): The Court DENIES the motion for class certification by Judge Philip S. Gutierrez denying #78 MOTION to Certify Class Action: For the foregoing reasons, the Court DENIES Plaintiffs' motion for class certification. (see document for further details) (bm)
March 11, 2020 Filing 93 MINUTES OF MOTION TO CERTIFY CLASS FILED BY LEAD PLAINTIFFS FILED ON 12/27 #78 held before Judge Philip S. Gutierrez. The Court, having considered all papers submitted in support of and in opposition to the Motion referenced above and the oral argument presented today, takes the motion under submission. A ruling will be issued after full consideration of the submitted pleadings. Court Reporter: Marea Woolrich. (hr)
March 4, 2020 Filing 92 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Based on the Court's directive, the MOTION TO CERTIFY CLASS #78 is continued to 03/11/20 at 1:30pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
February 24, 2020 Filing 91 OBJECTIONS to Objection/Opposition (Motion related), #88 Objection to Improper Expert Report filed by Movants Charles Jordan, David Kovacs. (Rosen, Laurence)
February 24, 2020 Filing 90 REPLY in further support of NOTICE OF MOTION AND MOTION to Certify Class #78 filed by Movants Charles Jordan, David Kovacs. (Rosen, Laurence)
February 10, 2020 Filing 89 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Certify Class #78 filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Macarr, Madalyn)
February 10, 2020 Filing 88 Opposition Motion for Class Certification re: NOTICE OF MOTION AND MOTION to Certify Class #78 filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Attachments: #1 Declaration Macarr DecL ISO Opposition, #2 Declaration Lacerda Decl ISO Opposition)(Macarr, Madalyn)
January 23, 2020 Opinion or Order Filing 87 STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams. #86 (ch)
January 23, 2020 Filing 86 Joint STIPULATION for Protective Order filed by Lead Plaintiffs Charles Jordan, David Kovacs.(Rosen, Laurence)
January 16, 2020 Opinion or Order Filing 85 ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 4/6/2020 at 02:00 PM. (wm)
January 14, 2020 Filing 84 ANSWER to Amended Complaint/Petition, #61 Second Amended Complaint filed by Defendant FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn.(Macarr, Madalyn)
January 3, 2020 Opinion or Order Filing 83 ORDER FOR BRIEFING SCHEDULE ON A MOTION FOR CLASS CERTIFICATION by Judge Philip S. Gutierrez, re Stipulation #77 : PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT: 1. Plaintiffs shall file their motion for class certification on or by December 27, 2019, with a hearing date of March 9, 2020; 2. Defendants shall file their opposition to Plaintiffs' motion on or before February 10, 2020; and 3. Plaintiffs shall file their reply on or before February 24, 2020. (bm)
January 2, 2020 Opinion or Order Filing 82 ORDER EXTENDING TIME TO RESPOND TO SECOND AMENDED COMPLAINT granting Stipulation #81 , by Judge Philip S. Gutierrez: PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT: The deadline for defendants Fat Brands, Inc., Andrew A. Wiederhorn, James Neuhauser, Edward H. Rensi, and TriPoint Global Equities, LLC to answer the Second Amended Complaint be extended for fourteen (14) days to January 14, 2020. (bm)
December 27, 2019 Filing 81 STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, #61 , Order on Motion to Dismiss,, #76 , Order Extending Answer Due Deadline,,,, #63 filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Attachments: #1 Proposed Order Extending Time to Respond to Sacond Amended Complaint)(Macarr, Madalyn)
December 27, 2019 Filing 80 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Certify Class #78 filed by Movants Charles Jordan, David Kovacs. (Rosen, Laurence)
December 27, 2019 Filing 79 DECLARATION of Joshua Baker in support of NOTICE OF MOTION AND MOTION to Certify Class #78 filed by Movants Charles Jordan, David Kovacs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Rosen, Laurence)
December 27, 2019 Filing 78 NOTICE OF MOTION AND MOTION to Certify Class filed by Lead Plaintiffs Charles Jordan, David Kovacs. Motion set for hearing on 3/9/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Rosen, Laurence)
December 27, 2019 Filing 77 STIPULATION for Order for Briefing Schedule on a Motion for Class Certification filed by Lead Plaintiffs Charles Jordan, David Kovacs. (Attachments: #1 Proposed Order)(Rosen, Laurence)
December 17, 2019 Filing 76 MINUTES (In Chambers): The Court GRANTS IN PART and DENIES IN PART the motion to dismiss by Judge Philip S. Gutierrez granting in part and denying in part #64 MOTION to Dismiss: For the foregoing reasons, Defendants' motion to dismiss is GRANTED without leave to amend as to the first cause of action as to Defendants FCCG and Roe; and as to the first cause of action to the extent it relies on the alleged omission of FCCG's first delisting from NASDAQ. Defendants' motion to dismiss is DENIED as to the first cause of action as to the remaining Defendants and as to the alleged omission of the 2009 bankruptcies and delisting; and it is DENIED as to the second cause of action. (bm)
December 16, 2019 Filing 75 MINUTES OF DEFENDANTS' MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT FILED 09/09/19 (DOC. 64) Hearing held before Judge Philip S. Gutierrez: Having considered all papers submitted in support of and in opposition to the motion referenced above and the oral argument presented today, the Court takes the motion under submission. Court Reporter: Marea Woolrich. (bm)
December 3, 2019 Filing 74 MINUTES (In Chambers): The Court GRANTS the ex parte application by Judge Philip S. Gutierrez striking #68 EX PARTE APPLICATION to Certify Class Action; granting #71 EX PARTE APPLICATION: For the foregoing reasons, Defendants' application is GRANTED. Lead Plaintiffs' motion for class certification and supporting documents, Dkts. no. 6870, are hereby stricken from the docket. Lead Plaintiffs may re-submit their motion for class certification if and when the Court has sustained the legal sufficiency of their complaint. (see document for further details) (bm)
November 26, 2019 Filing 73 DECLARATION of Joshua Baker in opposition to EX PARTE APPLICATION to Strike LEAD PLAINTIFFS' MOTION FOR CLASS CERTIFICATION NOTICE OF MOTION AND MOTION to Certify Class #68 #71 filed by Movants Charles Jordan, David Kovacs. (Rosen, Laurence)
November 26, 2019 Filing 72 MEMORANDUM in Opposition to EX PARTE APPLICATION to Strike LEAD PLAINTIFFS' MOTION FOR CLASS CERTIFICATION NOTICE OF MOTION AND MOTION to Certify Class #68 #71 filed by Movants Charles Jordan, David Kovacs. (Rosen, Laurence)
November 25, 2019 Filing 71 EX PARTE APPLICATION to Strike LEAD PLAINTIFFS' MOTION FOR CLASS CERTIFICATION NOTICE OF MOTION AND MOTION to Certify Class #68 filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Attachments: #1 Memorandum of Points and Authorities ISO of Ex Parte Application to Strike Lead Plaintiffs' Motion for Class Certification, #2 Declaration of John Landry ISO of Defendants' Ex Parte Application to Strike Lead Plaintiffs' Motion for Class Certification, #3 Proposed Order Granting Defendants' Ex Parte Application to Strike Lead Plaintiffs' Motion for Class Certification) (Stigi, John)
November 22, 2019 Filing 70 DOCUMENT STRICKEN ON 12/3/19. MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Certify Class #68 filed by Movants Charles Jordan, David Kovacs. (Rosen, Laurence) Modified on 12/3/2019 (bm).
November 22, 2019 Filing 69 DOCUMENT STRICKEN ON 12/3/19. DECLARATION of Joshua Baker in support of NOTICE OF MOTION AND MOTION to Certify Class #68 filed by Movants Charles Jordan, David Kovacs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Rosen, Laurence) Modified on 12/3/2019 (bm).
November 22, 2019 Filing 68 DOCUMENT STRICKEN ON 12/3/19. NOTICE OF MOTION AND MOTION to Certify Class filed by Lead Plaintiffs Charles Jordan, David Kovacs. Motion set for hearing on 1/27/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Rosen, Laurence) Modified on 12/3/2019 (bm).
October 23, 2019 Filing 67 REPLY In support of a motion NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint ; Memorandum of Points and Authorities In Support Thereof #64 in Further Support Thereof filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Stigi, John)
October 9, 2019 Filing 66 DECLARATION of Joshua Baker in opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint ; Memorandum of Points and Authorities In Support Thereof #64 filed by Movants Charles Jordan, David Kovacs. (Attachments: #1 Exhibit Order on demurrer, #2 Exhibit Second Amended Complaint in state court case)(Rosen, Laurence)
October 9, 2019 Filing 65 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint ; Memorandum of Points and Authorities In Support Thereof #64 filed by Movants Charles Jordan, David Kovacs. (Rosen, Laurence)
September 9, 2019 Filing 64 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint ; Memorandum of Points and Authorities In Support Thereof filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. Motion set for hearing on 12/16/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration Of Madalyn Macarr, #2 Proposed Order Granting Motion to Dismiss SAC) (Stigi, John)
August 12, 2019 Opinion or Order Filing 63 ORDER FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT AND BRIEFING SCHEDULE FOR MOTION TO DISMISS SECOND AMENDED COMPLAINT granting Stipulation for Extension of Time to File Response/Reply, #62 , by Judge Philip S. Gutierrez: PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT: 1. The deadline for defendants Fat Brands, Inc., Andrew A. Wiederhorn, Ron Roe, James Neuhauser, Edward H. Rerisi, Fog Cutter Capital Group, Inc. and TriPoint Global Equities, LLC to answer, move to dismiss, ar otherwise respond to the Second Amended Complaint be extended for twenty-one (21) days (i.e., to ~ September 9, 2019); and 2. If defendants move to dismiss the Second Amended Complaint, then (i) lead plaintiffs shall file their opposition on or before thirty (30) days after defendants file their motion (i.e., by no later than October 9, 2019), and (ii) defendants shall file their reply brief on or before fourteen (14) days after plaintiffs file their opposition (i.e., by no later than October 23 2019). (bm)
August 8, 2019 Filing 62 STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, #61 filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Attachments: #1 Proposed Order for Extension of Time to Respond to Second Amended Complaint and Briefing Schedule for Motion to Dismiss Second Amended Complaint)(Stigi, John)
August 5, 2019 Filing 61 SECOND AMENDED COMPLAINT against Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn amending Amended Complaint/Petition, #52 , filed by Lead Plaintiffs David Kovacs, Charles Jordan(Rosen, Laurence)
June 14, 2019 Filing 60 MINUTES (IN CHAMBERS) The Court DENIES the motion to stay and GRANTS the motion to dismiss by Judge Philip S. Gutierrez granting in part and denying in part #55 MOTION to Dismiss Case: For the foregoing reasons, the Court DENIES Defendants' motion to stay and GRANTS the motion to dismiss. Leave to amend is GRANTED. Any amended complaint must be filed by August 5, 2019 or the claims will be dismissed with prejudice. (see document for further details) (bm)
June 13, 2019 Filing 59 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: MOTION TO DISMISS #55 set for hearing on 06/17/19 is taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
June 3, 2019 Filing 58 REPLY in further support of a motion to Dismiss Case #53 First Amended Class Action Complaint filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Stigi, John)
May 3, 2019 Filing 57 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case or, In the Alternative, to Stay in Favor of Prior Pending Action #55 filed by Movant David Kovacs. (Rosen, Laurence)
March 19, 2019 Filing 56 REQUEST FOR JUDICIAL NOTICE In Support of Motion to Dismiss the First Amended Class Action Complaint or, in the Alternative, To Stay the Action filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Attachments: #1 Exhibit A to RJN, #2 Exhibit B to RJN, #3 Exhibit C to\i RJN, #4 Exhibit D to RJN, #5 Exhibit E to RJN, #6 Exhibit F to RJN)(Stigi, John)
March 19, 2019 Filing 55 NOTICE OF MOTION AND MOTION to Dismiss Case or, In the Alternative, to Stay in Favor of Prior Pending Action filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. Motion set for hearing on 6/17/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of John P. Stigi III, #2 Proposed Order Granting Motion to Dismiss) (Stigi, John)
March 18, 2019 Filing 54 REQUEST FOR JUDICIAL NOTICE In Support of Motion to Dismiss the First Amended Class Action Complaint or, in the Alternative, To Stay the Action filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Attachments: #1 Exhibit Request of Judicial Notice Exhibits A - B, #2 Exhibit Request of Judicial Notice Exhibits C - F)(Stigi, John)
March 18, 2019 Filing 53 NOTICE Defendants' Notice of Motion and Motion to Dismiss First Amended Class Action Complaint or, in the Alternative, to Stay in Favor of Prior Pending Action; Memorandum of Points and Authorities In Support Thereof filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Attachments: #1 Declaration Declaration of John P. Stigi III In Support of Defendants' Motion to Dismiss First Amended Class Action Complaint or, in the Alternative, Stay the Action, #2 Proposed Order Proposed Order Granting Defendants' Motion to Dismiss First Amended Class Action Complaint)(Stigi, John) Modified on 3/19/2019 (bm).
January 15, 2019 Filing 52 FIRST AMENDED COMPLAINT against Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn amending Complaint (Attorney Civil Case Opening) #1 , filed by Lead Plaintiffs David Kovacs, Charles Jordan(Rosen, Laurence)
December 4, 2018 Opinion or Order Filing 51 ORDER FOR FILING AN AMENDED COMPLAINT AND BRIEFING ON A MOTION TO DISMISS by Judge Philip S. Gutierrez, re Stipulation #50 : PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT: 1. The Stipulation entered by the parties on November 5, 2018 (Dkt. No. 44) is superseded by this Order. 2. Defendants shall not be required to answer, move to dismiss, or otherwise respond to the Initial Complaint; 3. Plaintiffs shall file an Amended Complaint within 60 days of the Court's November 16, 2018 Order appointing Lead Plaintiffs, i.e., on or before January 15, 2019; 4. On or before 60 days following the filing of the Amended Complaint, i.e., by no later than March 18, 2019, Defendants shall answer, move to dismiss, or otherwise respond to the Amended Complaint; and 5. If Defendants move to dismiss the Amended Complaint, then (i) Plaintiffs shall file their opposition on or before 45 days after Defendants file their motion, i.e., by no later than May 2, 2019, and (ii) Defendants shall file their reply brief on or before 30 days after Plaintiffs files their opposition, i.e., by no later than June 3, 2019. (bm)
November 29, 2018 Filing 50 Joint STIPULATION for Order setting schedule for filing amended complaint and briefing on motion to dismiss filed by Plaintiffs Charles Jordan, David Kovacs. (Attachments: #1 Proposed Order)(Rosen, Laurence)
November 19, 2018 Opinion or Order Filing 49 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Philip S. Gutierrez: GRANTING #45 Non-Resident Attorney Joshua E. Baker APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, designating Laurence M. Rosen as local counsel. (lt)
November 16, 2018 Filing 48 MINUTES (IN CHAMBERS)by Judge Philip S. Gutierrez. The Court GRANTS Jordan and Kovacss motion for appointment as lead plaintiffs and approval of choice of counsel : For the foregoing reasons, the Court GRANTS the Movants motion for appointment aslead plaintiff and approval of choice of counsel. Therefore, the Court APPOINTS Jordan andKovacs as lead plaintiffs and APPOINTS their attorneys from the Rosen Law Firm, P.A. and Kaskela Law LLC as co-lead counsel. IT IS SO ORDERED. (yl)
November 16, 2018 Filing 47 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form, #46 Deficiency Notice was submitted in error. Name of Movant David Kovacs was added in error as Charles Kovacs. Mr. Kovacs name has been corrected on the docket pursuant to docket entry 30. (lt)
November 14, 2018 Filing 46 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Joshua E. Baker to Appear Pro Hac Vice on behalf of Movants Charles Jordan, Charles Kovacs (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22742127) #45 . The following error(s) was/were found: Named plaintiff David Kovacs is not a party to the action and no such party exists. (lt)
November 14, 2018 Filing 45 APPLICATION of Non-Resident Attorney Joshua E. Baker to Appear Pro Hac Vice on behalf of Movants Charles Jordan, Charles Kovacs (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22742127) filed by Plaintiffs Charles Jordan, Charles Kovacs. (Attachments: #1 Proposed Order) (Rosen, Laurence)
November 5, 2018 Filing 44 STIPULATION Extending Time to Answer the complaint as to Edward H. Rensi answer now due 12/19/2018; Fog Cutter Capital Group Inc. answer now due 12/19/2018; Andrew A. Wiederhorn answer now due 12/19/2018; Marc L. Holtzman answer now due 12/19/2018; Silvia Kessel answer now due 12/19/2018; TriPoint Global Equities, LLC answer now due 12/19/2018; Squire Junger answer now due 12/19/2018; Ron Roe answer now due 12/19/2018; FAT Brands, Inc. answer now due 12/19/2018; Jeff Lotman answer now due 12/19/2018; James Neuhauser answer now due 12/19/2018; Adam Vignola answer now due 12/19/2018, re Waiver of Service Executed #23 , Waiver of Service Executed #26 , Waiver of Service Executed #22 , Waiver of Service Executed #28 , Complaint (Attorney Civil Case Opening) #1 , Waiver of Service Executed #19 , Waiver of Service Executed #21 , Waiver of Service Executed #27 , Waiver of Service Executed #25 , Waiver of Service Executed #20 , Waiver of Service Executed #24 , Waiver of Service Executed #29 filed by Defendants Edward H. Rensi; Fog Cutter Capital Group Inc.; Andrew A. Wiederhorn; Marc L. Holtzman; Silvia Kessel; TriPoint Global Equities, LLC; Squire Junger; Ron Roe; FAT Brands, Inc.; Jeff Lotman; James Neuhauser.(Stigi, John)
November 5, 2018 Filing 43 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #30 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #34 and Approval of Lead Plaintiffs' Counsel filed by Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., Marc L. Holtzman, Squire Junger, Silvia Kessel, Jeff Lotman, James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn. (Stigi, John)
November 5, 2018 Filing 42 NOTICE filed by Movants Charles Jordan, Charles Kovacs. Notice of Waiver of Oral Argument (Rosen, Laurence)
November 5, 2018 Filing 41 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #30 filed by Movants Charles Jordan, Charles Kovacs. (Rosen, Laurence)
November 1, 2018 Filing 40 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #30 filed by Movant Randy Siade. (Attorney Stephen J Oddo added to party Randy Siade(pty:mov))(Oddo, Stephen)
October 25, 2018 Filing 39 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Deficiency in Electronically Filed Documents (G-112A) #38 . RE Notice to Filer of Deficiencies in Electronically Filed Document is incorrect - see docket entry no. 38. Seedocket entry nos. 30, 31, 34 re Motions are correctly efiled. (lom)
October 24, 2018 Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Appointment of Counsel #30 , Memorandum in Support of Motion #31 , NOTICE OF MOTION AND MOTION for Appointment of Counsel #34 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (lom)
October 23, 2018 Filing 37 Certification and Notice of Interested Parties filed by Movant Randy Siade, (Del Gaizo, Gregory)
October 23, 2018 Filing 36 DECLARATION of Gregory E. Del Gaizo in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #34 filed by Movant Randy Siade. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Cert, #3 Exhibit C - Loss Chart, #4 Exhibit D - Firm Resume)(Del Gaizo, Gregory)
October 23, 2018 Filing 35 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #34 filed by Movant Randy Siade. (Del Gaizo, Gregory)
October 23, 2018 Filing 34 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff filed by Movant Randy Siade. Motion set for hearing on 11/26/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Attorney Gregory E Del Gaizo added to party Randy Siade(pty:mov)) (Del Gaizo, Gregory)
October 23, 2018 Filing 33 Certification and Notice of Interested Parties filed by Movants Charles Jordan, Charles Kovacs, (Rosen, Laurence)
October 23, 2018 Filing 32 DECLARATION of Laurence M. Rosen in support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #30 filed by Movants Charles Jordan, Charles Kovacs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Rosen, Laurence)
October 23, 2018 Filing 31 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #30 filed by Movants Charles Jordan, Charles Kovacs. (Rosen, Laurence)
October 23, 2018 Filing 30 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs filed by Movants Charles Jordan, Charles Kovacs. Motion set for hearing on 11/26/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Attorney Laurence M Rosen added to party Charles Jordan(pty:mov), Attorney Laurence M Rosen added to party Charles Kovacs(pty:mov)) (Rosen, Laurence)
October 3, 2018 Filing 29 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon TriPoint Global Equities, LLC waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 28 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon Fog Cutter Capital Group Inc. waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 27 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon Jeff Lotman waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 26 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon Silvia Kessel waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 25 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon Squire Junger waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 24 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon Marc L. Holtzman waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 23 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon Edward H. Rensi waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 22 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon James Neuhauser waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 21 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon Ron Roe waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 20 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon Andrew A. Wiederhorn waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
October 3, 2018 Filing 19 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adam Vignola. upon FAT Brands, Inc. waiver sent by Plaintiff on 9/20/2018, answer due 11/19/2018. Waiver of Service signed by John P. Stigi III. (Rosen, Laurence)
September 27, 2018 Filing 18 NOTICE of Interested Parties filed by Defendants All Defendants, identifying Andrew A. Wiederhorn; Ron Roe; James Neuhauser; Edward H. Rensi; Marc L. Holtzman; Squire Junger; Silvia Kessel; Jeff Lotman; FAT Brands, Inc.; Fog Cutter Capital Group, Inc.; TriPoint Global Equities, LLC; TPF Holdings, LLC; Great American Insurance Company; RSUI Indemnity Company; Hudson Insurance Group; Argonaut Insurance Company; Underwriters at Lloyds (ANV). (Stigi, John)
September 27, 2018 Filing 17 NOTICE of Appearance filed by attorney John P Stigi, III on behalf of Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., Marc L. Holtzman, Squire Junger, Silvia Kessel, Jeff Lotman, James Neuhauser, Edward H. Rensi, Ron Roe, TriPoint Global Equities, LLC, Andrew A. Wiederhorn (Attorney John P Stigi, III added to party FAT Brands, Inc.(pty:dft), Attorney John P Stigi, III added to party Fog Cutter Capital Group Inc.(pty:dft), Attorney John P Stigi, III added to party Marc L. Holtzman(pty:dft), Attorney John P Stigi, III added to party Squire Junger(pty:dft), Attorney John P Stigi, III added to party Silvia Kessel(pty:dft), Attorney John P Stigi, III added to party Jeff Lotman(pty:dft), Attorney John P Stigi, III added to party James Neuhauser(pty:dft), Attorney John P Stigi, III added to party Edward H. Rensi(pty:dft), Attorney John P Stigi, III added to party Ron Roe(pty:dft), Attorney John P Stigi, III added to party TriPoint Global Equities, LLC(pty:dft), Attorney John P Stigi, III added to party Andrew A. Wiederhorn(pty:dft))(Stigi, John)
September 27, 2018 Filing 16 CORPORATE DISCLOSURE STATEMENT filed by Defendant Fog Cutter Capital Group Inc. identifying none as Corporate Parent. (Stigi, John)
September 27, 2018 Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Defendant FAT Brands, Inc. identifying Fog Cutter Capital Group, Inc. as Corporate Parent. (Stigi, John)
September 27, 2018 Filing 14 CORPORATE DISCLOSURE STATEMENT filed by Defendant TriPoint Global Equities, LLC identifying TPF Holdings, LLC as Corporate Parent. (Stigi, John)
September 12, 2018 Opinion or Order Filing 13 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #12 by Judge Philip S. Gutierrez: Granting Non-Resident Attorney David Seamus Kaskela APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Adam Vignola, designating Laurence M. Rosen as local counsel. (ab)
September 7, 2018 Filing 12 APPLICATION of Non-Resident Attorney David Seamus Kaskela to Appear Pro Hac Vice on behalf of Plaintiff Adam Vignola (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22384724) filed by Plaintiff Adam Vignola. (Attachments: #1 Proposed Order) (Rosen, Laurence)
August 28, 2018 Opinion or Order Filing 11 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
August 27, 2018 Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney D. Seamus Kaskela. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)
August 27, 2018 Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant TriPoint Global Equities, LLC. (lh)
August 27, 2018 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants FAT Brands, Inc., Fog Cutter Capital Group Inc., Marc L. Holtzman, Squire Junger, Silvia Kessel, Jeff Lotman, James Neuhauser, Edward H. Rensi, Ron Roe, Andrew A. Wiederhorn. (lh)
August 27, 2018 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
August 27, 2018 Filing 6 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Paul L. Abrams. (lh)
August 24, 2018 Filing 5 Certification and Notice of Interested Parties filed by Plaintiff Adam Vignola, (Rosen, Laurence)
August 24, 2018 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Adam Vignola. (Rosen, Laurence)
August 24, 2018 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Adam Vignola. (Rosen, Laurence)
August 24, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff Adam Vignola. (Rosen, Laurence)
August 24, 2018 Filing 1 COMPLAINT Receipt No: 0973-22315690 - Fee: $400, filed by Plaintiff Adam Vignola. (Attachments: #1 PSLRA Certification) (Attorney Laurence M Rosen added to party Adam Vignola(pty:pla))(Rosen, Laurence)

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Search for this case: Adam Vignola v. FAT Brands, Inc. et al
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Plaintiff: Adam Vignola
Represented By: Laurence M Rosen
Represented By: David Seamus Kaskela
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Defendant: Andrew A. Wiederhorn
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: TriPoint Global Equities, LLC
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: Edward H. Rensi
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: FAT Brands, Inc.
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: Ron Roe
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: James Neuhauser
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: Jeff Lotman
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: Silvia Kessel
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: Squire Junger
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: Marc L. Holtzman
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Defendant: Fog Cutter Capital Group Inc.
Represented By: Madalyn Annabel Macarr
Represented By: John P Stigi, III
Represented By: Polly Towill
Represented By: John M Landry
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Petitioner: David Kovacs
Represented By: Laurence M Rosen
Represented By: Joshua E Baker
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Petitioner: Charles Jordan
Represented By: Laurence M Rosen
Represented By: Joshua E Baker
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Petitioner: Randy Siade
Represented By: Gregory E Del Gaizo
Represented By: Stephen J Oddo
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