Marc S. Kirschner, et al v. Robeco Capital Growth Funds-Robeco BP US Premium Equities
Plaintiff: Marc S. Kirschner and Wilmington Savings Fund Society, FSB
Defendant: Robeco Capital Growth Funds-Robeco BP US Premium Equities and Boston Partners US Premium Equity Fund
Case Number: 2:2020cv03168
Filed: April 5, 2020
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: Michael W Fitzgerald
2 Judge: Jean P Rosenbluth
3 Judge: Karen L Stevenson
Nature of Suit: Other Fraud
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 12, 2020 Opinion or Order Filing 25 ORDER GRANTING JOINT MOTION TO PARTIALLY STAY PROCEEDINGS TO JUNE 30, 2020 #24 by Judge Michael W. Fitzgerald: IT IS ORDERED that The Motion is GRANTED and the hearing noticed for June 8, 2020 is VACATED. (et)
May 11, 2020 Filing 24 Joint NOTICE OF MOTION AND MOTION to Stay Case pending (PARTIALLY) PROCEEDINGS THROUGH JUNE 30, 2020 filed by PLAINTIFFS Marc S. Kirschner, Wilmington Savings Fund Society, FSB. Motion set for hearing on 6/8/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Lapine, Ryan)
April 29, 2020 Filing 23 PROOF OF SERVICE Executed by Plaintiff Marc S. Kirschner, Wilmington Savings Fund Society, FSB, upon Defendant Service of the Summons and Complaint were executed upon Duilio Ramallo, Fund Manager, Robeco Capital Growth Funds Robeco BP US Premium Equities in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (CORRECTED PROOF OF SERVICE) (Lapine, Ryan)
April 28, 2020 Filing 22 PROOF OF SERVICE Executed by Plaintiff Marc S. Kirschner, Wilmington Savings Fund Society, FSB, upon Defendant Robeco Capital Growth Funds-Robeco BP US Premium Equities served on 4/13/2020, answer due 5/4/2020. Service of the Summons and Complaint were executed upon Duilio Ramallo, agent for service in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Lapine, Ryan)
April 13, 2020 Opinion or Order Filing 21 ORDER by Judge Michael W. Fitzgerald: granting #17 Non-Resident Attorney Robert J. Lack APPLICATION to Appear Pro Hac Vice on behalf of Marc S. Kirshner, as Trustee for the NWHI Litigation Trust Wilmington Savings Fund Society, FSB, as scuccessor indenture trusteee for the 6.87% Senior Notes due 2019, etc, designating Ryan M. Lapine as local counsel. (yl)
April 13, 2020 Opinion or Order Filing 20 ORDER by Judge Michael W. Fitzgerald: granting #16 Non-Resident Attorney Edward A. Friedman APPLICATION to Appear Pro Hac Vice on behalf of Mark S. Kirschner,as Trustee for the NWHI Litigation Trust Wilmingon Savings Fun Society, FSB, designating Ryan M. Lapine as local counsel. (yl)
April 13, 2020 Opinion or Order Filing 19 ORDER by Judge Michael W. Fitzgerald: granting #15 Non-Resident Attorney Allan B. Diamond APPLICATION to Appear Pro Hac Vice on behalf of Marc S. Kirshner, as Trustee for the NWHI Litigation Trust Wilmington Savings Fund Society, FSB, as successor indenture trustee for the 6.87% Senior Notes due 2019, etc, designating Ran M. Lapine as local counsel. (yl)
April 10, 2020 Filing 18 DECLARATION of RYAN M. LAPINE re APPLICATION of Non-Resident Attorney ALLAN B. DIAMOND to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26051041) #15 , APPLICATION of Non-Resident Attorney EDWARD A. FRIEDMAN to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26051163) #16 , APPLICATION of Non-Resident Attorney ROBERT J. LACK to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26051227) #17 filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Lapine, Ryan)
April 10, 2020 Filing 17 APPLICATION of Non-Resident Attorney ROBERT J. LACK to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26051227) filed by PLAINTIFFS Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Proposed Order) (Lapine, Ryan)
April 10, 2020 Filing 16 APPLICATION of Non-Resident Attorney EDWARD A. FRIEDMAN to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26051163) filed by PLAINTIFFS Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Proposed Order) (Lapine, Ryan)
April 10, 2020 Filing 15 APPLICATION of Non-Resident Attorney ALLAN B. DIAMOND to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26051041) filed by PLAINTIFFS Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Proposed Order) (Lapine, Ryan)
April 10, 2020 Filing 14 NOTICE Notice of Plaintiffs' Notice of Related Actions Filed with United States Judicial Panel for Multidistrict Litigation filed by Plaintiff Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit Notice of Related Actions, #2 Exhibit Schedule of Additional Actions, #3 Exhibit Docket Sheets and Complaints in the Additional Actions, #4 Exhibit Proof of Service of Notice of Related Actions, #5 Exhibit Motion for Transfer, #6 Exhibit Brief in Support of the Motion for Transfer, #7 Exhibit Schedule of Actions, #8 Exhibit Declaration of Priyanka Wityk, #9 Exhibit Docket Sheets and Complaints in the Actions, #10 Exhibit Amended Proof of Service of the Motion for Transfer)(Lapine, Ryan)
April 8, 2020 Opinion or Order Filing 13 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-01480 MWF (KSx). Case transferred from Judge Cormac J. Carney and Magistrate Judge Jean P. Rosenbluth to Judge Michael W. Fitzgerald and Magistrate Judge Karen L. Stevenson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-03168 MWF (KSx). Signed by Judge Michael W. Fitzgerald (esa)
April 8, 2020 Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Robeco Capital Growth Funds-Robeco BP US Premium Equities. (iv)
April 7, 2020 Filing 11 NOTICE of Related Case(s) filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. Related Case(s): 2:20-cv-1480, 2:20-cv-1484, 2:20-cv-1922 and 2:20-cv-3169 (Lapine, Ryan)
April 7, 2020 Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Marc S. Kirschner. (Lapine, Ryan)
April 7, 2020 Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #8 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv)
April 6, 2020 Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Marc S. Kirschner. (Lapine, Ryan)
April 6, 2020 Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Edward A. Friedman. 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. (esa)
April 6, 2020 Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Allan B. Diamond. 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. (esa)
April 6, 2020 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
April 6, 2020 Filing 4 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Jean P. Rosenbluth. (esa)
April 5, 2020 Filing 3 NOTICE of Interested Parties and Disclosure Statement filed by Plaintiffs MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST, WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine. (Lapine, Ryan)
April 5, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiffs MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST, WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine. (Lapine, Ryan)
April 5, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-25974283 - Fee: $400, filed by Plaintiffs MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST, WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine. (Attorney Ryan M Lapine added to party MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST(pty:pla), Attorney Ryan M Lapine added to party WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine (pty:pla))(Lapine, Ryan)

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Defendant: Robeco Capital Growth Funds-Robeco BP US Premium Equities
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Defendant: Boston Partners US Premium Equity Fund
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Plaintiff: Marc S. Kirschner
Represented By: Allan B Diamond
Represented By: Edward A Friedman
Represented By: Ryan M Lapine
Represented By: Robert J Lack
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Plaintiff: Wilmington Savings Fund Society, FSB
Represented By: Allan B Diamond
Represented By: Edward A Friedman
Represented By: Ryan M Lapine
Represented By: Robert J Lack
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