In re YayYo, Inc. Securities Litigation
| Jason J. Hamlin |
| Ramy El-Batrawi, Aegis Capital Corp., YayYo, Inc., Jeffrey J. Guzy, Jonathan Rosen, Harbant S. Sidhu, Paul Richter, Kevin F. Pickard, Christopher Miglino, Westpark Capital, Inc., Kevin Pickard, Jeffrey Guzy, Aegis Capital Corporation and Rideshare Rental, Inc. |
| Bernard Bednarz |
| William Koch |
| 2:2020cv08235 |
| September 9, 2020 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Stephen V Wilson |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.
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Filing 179
ORDER by Judge Stephen V. Wilson: granting #175 #177 Non-Resident Attorney Michael Grunfeld APPLICATION to Appear Pro Hac Vice on behalf of Bernard Bednarz and William Koch, designating Jennifer Pafiti as local counsel. (lom)
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Filing 178
Notice of Appearance or Withdrawal of Counsel: for attorney Cara David counsel for Movant Bernard Bednarz, Consol Plaintiff William Koch. Cara David is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Lead Plaintiff Bernard Bednarz and William Koch. (David, Cara)
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Filing 177
APPLICATION of Non-Resident Attorney Michael Grunfeld to Appear Pro Hac Vice on behalf of Movant Bernard Bednarz, Consol Plaintiff William Koch (Pro Hac Vice Fee - $500.00 Previously Paid on 3/2/2022, Receipt No. 32876792) filed by Lead Plaintiff Bernard Bednarz, William Koch. (Pafiti, Jennifer)
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Filing 176
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael Grunfeld to Appear Pro Hac Vice on behalf of Movant Bernard Bednarz, Consol Plaintiff William Koch (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32876792) #175 . The following error(s) was/were found: No signature on Application. Local counsel failed to sign the application. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). (lt)
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Filing 175
APPLICATION of Non-Resident Attorney Michael Grunfeld to Appear Pro Hac Vice on behalf of Movant Bernard Bednarz, Consol Plaintiff William Koch (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32876792) filed by Lead Plaintiff Bernard Bednarz, William Koch. (Pafiti, Jennifer)
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Filing 174
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson: There are two motions remaining unresolved in this case: Defendant Aegis Capital's motion to dismiss, Dkt. 49, and Plaintiff's motion for class certification, Dkt. 91. As the parties have reached a global settlement, which has been preliminarily approved by the Court, see Dkt. 173, these motions are denied as moot, without prejudice to their being renewed in the event the Court does not grant final approval to the settlement. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 173
MINUTE ORDER (IN CHAMBERS) GRANTING #166 MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT by Judge Stephen V. Wilson: granting #166 MOTION for Settlement. The Court grants prelimina1y approval of the settlement and of the notification procedures as detailed in the parties' proposed order, ECF No. 168-2, except for the following changes: Mailing of the Notice and Proof of Claim to potential class members ("the Notice Date") shall commence within 60 days of this order; Class members shall have 60 days from the Notice Date to submit a valid Proof of Claim form to the Claims Administrator or to submit a Request for Exclusion to opt-out of the settlement (submissions shall be valid if postmarked within 60 days of the Notice Date); The Court will consider comments or objections to the settlement if received at least 7 days before the hearing; The final approval hearing shall be set for June 6, 2022 at 1 :30p.m. (See minute order for details) (mrgo)
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Filing 172
SCHEDULING NOTICE by Judge Stephen V. Wilson: The Court vacates and takes off-calendar the pretrial conference set for 01/10/2022, and the jury trial set for 01/18/2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 171
MINUTES OF ZOOM HEARING - #166 MOTION for Settlement Approval Unopposed Motion for Preliminary Approval of Settlement filed by Plaintiff held before Judge Stephen V. Wilson: taking under advisement #166 MOTION for Settlement. The Court inquires if there is any opposition to the settlement. The Court is advised that Benard Bednarz, a party in the action, requests to address the Court regarding his objection to the settlement. The request is granted. The objection is placed on the record. The matter is submitted. Order to issue. Court Reporter: Gaye Limon. (mrgo)
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Filing 170
ORDER by Judge Stephen V. Wilson: granting #169 Motion for Leave to Appear of Plaintiff's counsel at Preliminary Approval Hearing for Consol Plaintiff William Koch. Plaintiff's counsel may appear by Zoom at the hearing set for December 13, 2021, at 1:30 p.m. (mrgo)
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Filing 169
REQUEST for Leave of Cara David to Appear Telephonically or via Zoom at the Preliminary Approval Hearing on December 13, 2021 filed by Plaintiff William Koch. (Attachments: #1 Proposed Order) (David, Cara)
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Filing 168
DECLARATION of Cara David In Support of NOTICE OF MOTION AND MOTION for Settlement Approval Unopposed Motion for Preliminary Approval of Settlement #166 filed by Consol Plaintiff William Koch. (Attachments: #1 Exhibit 1 Stipulation of Settlement, #2 Exhibit A Proposed Preliminary Approval Order, #3 Exhibit A-1 Notice of Pendency, #4 Exhibit A-2 Proof of Claim Form, #5 Exhibit A-3 Summary Notice, #6 Exhibit B Proposed Final Judgment)(David, Cara)
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Filing 167
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Settlement Approval Unopposed Motion for Preliminary Approval of Settlement #166 filed by Consol Plaintiff William Koch. (David, Cara)
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Filing 166
NOTICE OF MOTION AND MOTION for Settlement Approval Unopposed Motion for Preliminary Approval of Settlement filed by Plaintiff William Koch. Motion set for hearing on 12/13/2021 at 01:30 PM before Judge Stephen V. Wilson. (David, Cara)
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Filing 165
SCHEDULING NOTICE - IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: Notice of Pending Settlement #164 - Pursuant to the request in the parties Notice of Settlement, the Court stays all deadlines until it issues a ruling on the motion for preliminary approval of the class settlement. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 164
NOTICE of Pending Settlement filed by Defendant YayYo, Inc.. (Larson, Stephen)
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Filing 163
MINUTES OF #91 MOTION to Certify Class filed by Lead Plaintiff Hearing held before Judge Stephen V. Wilson. Hearing held. The Court sets the following schedule: Filing of Motion re Settlement due by 11/19/2021. Opposition due by 11/26/2021. Reply due by 12/3/2021. Hearing: December 13, 2021 at 1:30 p.m. Court Reporter: Katie Thibodeaux. (mrgo)
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Filing 162
SCHEDULING NOTICE - IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to Certify Class and Memorandum of Points and Authorities #91 - The motion hearing previously scheduled for 10/18/2021 at 3:00 p.m. has been rescheduled to 10/19/2021 at 01:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 161
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson - The Stipulation in #159 is denied. The Parties are free to pursue mediation, but the Court will not vacate deadlines based on anticipated mediation. If the mediation results in a settlement, or produces other results that the Parties believe warrant an adjustment of the calendar, they may petition this Court accordingly. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 160
MINUTES OF PLAINTIFFS' MOTION TO COMPEL (ECF #146 ) Hearing held before Magistrate Judge Alexander F. MacKinnon: The Court held a hearing via Zoom regarding Plaintiffs' motion to compel. For the reasons stated on the record, the Court grants the motion in part, as follows: On or before October 24, 2021, Defendant YayYo, Inc. shall: (1) provide an amended privilege log that addresses the issues identified by the Court during hearing; and (2) shall produce documents dated before 2019 that are responsive to Plaintiffs requests for production relating to allegations in the amended complaint as identified by reasonable searches proportional to the needs of this case. Court Reporter: Zoom Webinar. (es)
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Filing 159
Joint STIPULATION for Order Adjourning Current Deadlines Pending Mediation filed by Defendant YayYo, Inc.. (Attachments: #1 Proposed Order)(Larson, Stephen)
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Filing 157
SCHEDULING NOTICE by Magistrate Judge Alexander F. MacKinnon re defendant's MOTION to Compel #146 previously scheduled for 9/28/21 at 10:00AM has been rescheduled. Motion set for hearing on 10/1/2021 at 11:00AM before Magistrate Judge Alexander F. MacKinnon and will be conducted on Zoom. Log-in information has been emailed to counsel and can also be found on the the Court's Website on Magistrate Judge MacKinnon's Procedures and Schedules page. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) TEXT ONLY ENTRY
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Filing 158
MINUTES OF ZOOM HEARING - #134 MOTION for Settlement Approval of SETTLEMENT WITH AEGIS CAPITAL CORP. filed by Lead Plaintiff held before Judge Stephen V. Wilson: granting #134 MOTION for Settlement. All appearances, including the Court, are made via Zoom. The motion for preliminary approval of settlement is granted. Court Reporter: Anne Kielwasser. (mrgo)
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Filing 156
Notice of Appearance or Withdrawal of Counsel: for attorney Kelly Champ counsel for Defendant Westpark Capital, Inc.. Adding Kelly Champ as counsel of record for West Park Capital, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Westpark Capital, Inc.. (Attorney Kelly Champ added to party Westpark Capital, Inc.(pty:dft))(Champ, Kelly)
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Filing 155
REPLY in support MOTION to Compel production of a suitable privilege log and additional documents from Defendants #146 Plaintiffs' Second Reply Memorandum of Law filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (David, Cara)
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Filing 154
SCHEDULING NOTICE by Judge Stephen V. Wilson re: MOTION for Settlement Approval of SETTLEMENT WITH AEGIS CAPITAL CORP. filed by Lead Plaintiff #134 - The motion hearing will proceed via Zoom on 09/27/2021 at 1:30 p.m. The Zoom link can be accessed from the Judge's Procedures & Schedules page at www.cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 152
MINUTE ORDER (In Chambers): Briefing for motion to compel by Magistrate Judge Alexander F. MacKinnon: The Court will consider defendants opposition (ECF No. #150 ), plaintiffs' reply (ECF No. #149 ) and plaintiffs' further declaration (ECF No. #151 ) in ruling on the pending motion to compel. Plaintiffs may also file a supplemental reply within 3 days of the date of this order. (es)
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Filing 151
DECLARATION of Cara David In Support of MOTION to Compel production of a suitable privilege log and additional documents from Defendants #146 filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (Attachments: #1 Exhibit A)(David, Cara)
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Filing 150
MEMORANDUM in Opposition to MOTION to Compel production of a suitable privilege log and additional documents from Defendants #146 filed by Defendant YayYo, Inc.. (Attachments: #1 Declaration of R.C. Harlan)(Harlan, Richard)
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Filing 149
REPLY In Further Support MOTION to Compel production of a suitable privilege log and additional documents from Defendants #146 filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (Attachments: #1 Exhibit A)(David, Cara)
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Filing 148
TRANSCRIPT ORDER as to Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch for Court Reporter. Court will contact Cara David at cdavid@pomlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (David, Cara)
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Filing 147
TRANSCRIPT ORDER as to Defendant YayYo, Inc. for Court Reporter. Court will contact Jacqueline Neal at jneal@larsonllp.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Harlan, Richard)
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Filing 153
MINUTES OF #91 MOTION to Certify Class filed by Lead Plaintiff Hearing held before Judge Stephen V. Wilson. Hearing held. The matter is continued to October 18, 2021 at 3:00 p.m. Court Reporter: Maria Bustillos. (mrgo)
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Filing 146
NOTICE OF MOTION AND MOTION to Compel production of a suitable privilege log and additional documents from Defendants filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. Motion set for hearing on 9/28/2021 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Memorandum In Support of Plaintiffs' Motion to Compel)(David, Cara)
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Filing 145
(IN CHAMBERS) TEXT ONLY ORDER by Judge Stephen V. Wilson: The hearing on the MOTION to Certify Class #91 , set for 9/13/2021 is CONTINUED to 9/20/2021 at 01:30 PM before Judge Stephen V. Wilson. Counsel shall appear on this new date and time, unless otherwise notified by the Court. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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Filing 144
MINUTE ORDER In Chambers): Order re Procedure for Resolution of Discovery Disputes by Magistrate Judge Alexander F. MacKinnon: If the disputed issues are not resolved in the meet-and-confer process, Plaintiffs may then file a motion to compel no later than September 17, 2021. Defendants' opposition shall be filed within 5 days of the filing of Plaintiffs' motion, and Defendants may file a reply within 3 days of the opposition being filed. The Court will review the timely-filed papers to determine if a hearing is necessary. [See document for further details.] (es)
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Filing 143
NOTICE OF FILING TRANSCRIPT filed for proceedings 8-25-21 re Transcript #142 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Montes, Janelly) TEXT ONLY ENTRY
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Filing 142
TRANSCRIPT for proceedings held on 8-25-21. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/24/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/2/2021. (Montes, Janelly)
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Filing 141
MINUTE ORDER IN CHAMBERS GRANTING JOINT STIPULATION TO CONTINUE TRIAL by Judge Stephen V. Wilson re: Stipulation to Continue #130 . The deadlines and hearings originally scheduled have been rescheduled: (Jury Trial continued to 1/18/2022 at 09:00 AM before Judge Stephen V. Wilson. Pretrial Conference continued to 1/10/2022 at 03:00 PM before Judge Stephen V. Wilson.) Completion of fact discovery by 10/11/2021. Summary judgment motions or Daubert motions shall be submitted by 11/3/2021. Any opposition to such summary judgment or Daubert motion shall be submitted by 11/29/2021, and replies shall be submitted by 12/17/2021. (mrgo)
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Filing 140
NOTICE of Related Case(s) filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. Related Case(s): 1:21-mc-694 (Southern District of New York) (David, Cara)
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Filing 139
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: Plaintiff may file a motion re discovery issues raised in an email to the court no later than 11:00am on Friday, 9/3/21. Defendants' opposition(s) shall be filed by Tuesday, 9/7/21 at 2:00pm. After reviewing the briefing, the Court will determine whether to hold a hearing. (See document for further details). (ib)
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Filing 138
MINUTES (In Chambers): Order re Plaintiffs' Request for Further Relief by Magistrate Judge Alexander F. MacKinnon: Accordingly, the Court denies plaintiffs' Request for Further Relief #126 . Nevertheless, the parties shall promptly complete their meet-and-confer efforts regarding YayYo's objections and its searches for and production of documents so that discovery can be completed in a timely manner within the case schedule. [See document for details.] (es)
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Filing 137
NOTICE of filing corrected Exhibit A (related to Document 126-2) filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. (Attachments: #1 Exhibit A - Corrected)(David, Cara)
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Filing 136
DECLARATION of Cara David In Support of NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT WITH AEGIS CAPITAL CORP. #134 filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (Attachments: #1 Exhibit 1 Stipulation of Settlement, #2 Exhibit A Proposed Order, #3 Exhibit A-1 Notice, #4 Exhibit A-2 Proof of Claim, #5 Exhibit A-3 Summary Notice, #6 Exhibit B Proposed Final Judgment)(David, Cara)
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Filing 135
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT WITH AEGIS CAPITAL CORP. #134 filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (David, Cara)
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Filing 134
NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT WITH AEGIS CAPITAL CORP. filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. Motion set for hearing on 9/27/2021 at 01:30 PM before Judge Stephen V. Wilson. (David, Cara)
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Filing 133
TRANSCRIPT ORDER Bernard Bednarz, William Koch for Court Smart (CS).Transcript preparation will not begin until payment has been satisfied with the transcription company. (David, Cara)
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Filing 132
MINUTES OF TELEPHONIC DISCOVERY CONFERENCE (ECF #129 ) Hearing held before Magistrate Judge Alexander F. MacKinnon: Telephonic discovery conference held. Court Reporter: AT&T Teleconference. (es)
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Filing 131
RESPONSE filed by Defendant YayYo, Inc.to Response, #126 , Minutes of In Chambers Order/Directive - no proceeding held,,, #125 (Attachments: #1 Declaration of RC Harlan iso Defendant YayYo's Response to Discovery Brief)(Harlan, Richard)
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Filing 130
Joint STIPULATION to Continue Trial Date of October 5, 2021, and all Related Deadlines filed by Defendant YayYo, Inc.. (Attachments: #1 Proposed Order)(Harlan, Richard)
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Filing 129
MOTION RE INFORMAL DISCOVERY CONFERENCE: An informal discovery telephone conference is scheduled for 8/25/2021 at 10:00AM before Magistrate Judge Alexander F. MacKinnon. Call-in information has been provided to the parties via email. (ib)
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Filing 128
NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Movant Bernard Bednarz, Consol Plaintiff William Koch re: NOTICE OF MOTION AND MOTION to Certify Class and Memorandum of Points and Authorities #91 (Attachments: #1 Exhibit A)(David, Cara)
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Filing 127
NOTICE OF SUPPLEMENTAL EVIDENCE IN SUPPORT OF PLAINTIFFS REQUEST FOR FURTHER RELIEF filed by Movant Bernard Bednarz, Consol Plaintiff William Koch re: Response, #126 (Attachments: #1 Exhibit A - Plaintiffs' First Set of Interrogatories, #2 Exhibit B - Response to Interrogatory)(David, Cara)
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Filing 126
[REQUEST FOR FURTHER RELIEF filed as] RESPONSE filed by Movant Bernard Bednarz, Consol Plaintiff William Kochto Minutes of In Chambers Order/Directive - no proceeding held,,, #125 (Attachments: #1 Declaration in Support of Response, #2 Exhibit A - Email Exchange, #3 Exhibit B - Email Exchange, #4 Exhibit C - Letter, #5 Exhibit D - Letter, #6 Exhibit E - Email Exchange, #7 Exhibit F - Email Exchange)(David, Cara) Modified on 8/31/2021 (es).
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Filing 125
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: The Court has received an email from Plaintiffs' counsel regarding violation of the Court's July 30 order. On or before 8/20/21, Plaintiffs shall file a brief setting out their position and evidence as to whether Defendant RideShare Rental's has complied with the July 30 order and what additional relief Plaintiffs request from the Court. On or before 8/24/21, Defendant RideShare Rental shall file a brief that responds to Plaintiffs' brief and sets outs Defendant's position and evidence regarding its compliance with the July 30 order. After review of the briefs, the Court will determine whether a hearing is necessary before ruling on the issue. (ib)
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Filing 124
NOTICE OF FILING TRANSCRIPT filed for proceedings 7/30/21 re Transcript #123 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY
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Filing 123
TRANSCRIPT for proceedings held on 7/30/21. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/16/2021. Release of Transcript Restriction set for 11/15/2021. (jlo)
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Filing 122
TRANSCRIPT ORDER Bernard Bednarz, William Koch for Court Smart (CS).Transcript preparation will not begin until payment has been satisfied with the transcription company. (David, Cara)
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Filing 121
Joint STIPULATION to Clarify JOINT NOTIFICATION OF SETTLEMENT, Re: Stipulation to Clarify #113 , filed by Lead Plaintiffs Bernard Bednarz, William Koch.(David, Cara)
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Filing 120
ORDER by Judge Stephen V. Wilson: granting #117 Request to Substitute Attorney. Chad Weaver is substituted in place of attorney Julie Kamps for Defendant WestPark Capital Westpark Capital, Inc. Attorney Julie Elise Kamps terminated. (mrgo)
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Filing 119
SCHEDULING NOTICE by Judge Stephen V. Wilson re: MOTION to Certify Class and Memorandum of Points and Authorities #91 - The motion previously scheduled for 08/16/2021 at 1:30 p.m. has been rescheduled to 9/13/2021 at 01:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 118
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First APPLICATION TO SUBSTITUTE ATTORNEY Chad Weaver in place of attorney Julie Kamps #117 . The following error(s) was/were found: 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. (lom)
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Filing 117
First APPLICATION TO SUBSTITUTE ATTORNEY Chad Weaver in place of attorney Julie Kamps filed by Defendant WestPark Capital Westpark Capital, Inc.. (Attorney Chad E Weaver added to party Westpark Capital, Inc.(pty:dft)) (Weaver, Chad)
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Filing 116
REPLY IN FURTHER SUPPORT OF NOTICE OF MOTION AND MOTION to Certify Class and Memorandum of Points and Authorities #91 filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (David, Cara)
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Filing 115
ORDER by Judge Stephen V. Wilson: granting #107 Request to Substitute Attorney. R.C. Harlans is substituted in place of George B Newhouse, Jr. (withdrawing only from representing defendant YayYo Inc. (EvMo Inc.). Attorney George B Newhouse, Jr terminated as to defendant YayYo Inc. (EvMo Inc.). (mrgo)
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Filing 114
MINUTES OF TELEPHONE CONFERENCE RE PLAINTIFF'S EX PARTE APPLICATION TO COMPEL PRODUCTION OF DOCUMENTS AND INFORMATION (ECF #105 ) held before Magistrate Judge Alexander F. MacKinnon: For the reasons stated on the record, the Court grants in part the ex parte application as follows: The Court denies without prejudice plaintiffs' request for a further order regarding preservation of evidence/documents. Court Reporter: AT&T Teleconference. (es)SEE DOCUMENT FOR DETAILS. Modified on 8/30/2021 (es).
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Filing 113
Joint STIPULATION to Clarify JOINT NOTIFICATION OF SETTLEMENT, Re: Stipulation to Clarify #97 , filed by Lead Plaintiffs Bernard Bednarz, William Koch.(David, Cara)
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Filing 112
SCHEDULING NOTICE by Magistrate Judge Alexander F. MacKinnon: A Telephone Conference re Plaintiffs' EX PARTE APPLICATION TO COMPEL PRODUCTION OF DOCUMENTS AND INFORMATION #105 is set for 7/30/2021 at 11:00AM PST before Magistrate Judge Alexander F. MacKinnon. Call-in information has been emailed to counsel of record.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) TEXT ONLY ENTRY
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Filing 111
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #107 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motions and Related Filings > Applications/Ex Parte Applications/Motions/Petitions/Requests > Substitute Attorney (G-01). 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. (mrgo)
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Filing 110
DECLARATION of Cara David IN FURTHER SUPPORT OF EX PARTE APPLICATION to Compel PRODUCTION OF DOCUMENTS AND INFORMATION #105 filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (Attachments: #1 Exhibit A - Letter)(David, Cara)
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Filing 109
MEMORANDUM in Opposition to EX PARTE APPLICATION to Compel PRODUCTION OF DOCUMENTS AND INFORMATION #105 filed by Defendant YayYo, Inc.. (Attachments: #1 Declaration of RC Harlan iso Opp to Plaintiffs' Ex Parte Application to Compel Discovery)(Larson, Stephen)
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Filing 108
MEMORANDUM in Opposition to EX PARTE APPLICATION to Compel PRODUCTION OF DOCUMENTS AND INFORMATION #105 filed by Defendant Ramy El-Batrawi. (Newhouse, George)
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Filing 107
(Attachments: #1 Proposed Order Approving Substitution of cousnel)(Newhouse, George) Modified on 8/2/2021 (mrgo).
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Filing 106
MINUTES (In Chambers): Briefing Schedule -- Plaintiffs' Ex Parte Application to Compel Production of Documents and Information (ECF No. 105) by Magistrate Judge Alexander F. MacKinnon: Defendants shall file a response to the ex parte application on or before 10:00 a.m. on Thursday, July 29, 2021. [See document for details.] (es)
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Filing 105
EX PARTE APPLICATION to Compel PRODUCTION OF DOCUMENTS AND INFORMATION filed by Plaintiffs Bernard Bednarz, William Koch. (Attachments: #1 Proposed Order, #2 Declaration Cara David, #3 Exhibit A - Email)(David, Cara)
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Filing 104
NOTICE of Interested Parties filed by Defendant Jonathan Rosen, identifying None. (Newhouse, George)
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Filing 103
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening) #101 by Clerk of Court. Counsel are directed to file their Notice of Interested Parties within 7 days of today's date. (mrgo)
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Filing 102
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #101 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (mrgo)
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Filing 101
ANSWER to Amended Complaint/Petition, #46 with JURY DEMAND filed by Defendant Jonathan Rosen.(Newhouse, George)
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Filing 100
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class and Memorandum of Points and Authorities #91 filed by Defendant YayYo, Inc.. (Attachments: #1 Defendants' Evidentiary Objections to Plaintiffs' Declarations in support of Motion for Class Certification, #2 Defendants' Request for Judicial Notice in support of Opposition to Plaintiffs' Motion for Class Certification)(Larson, Stephen)
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Filing 99
STIPULATED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon: GRANTING #98 Application for Protective Order. (es)
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Filing 98
APPLICATION for Protective Order for Discovery Stipulated Protective Order filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. (David, Cara)
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Filing 97
Joint STIPULATION to Clarify JOINT NOTIFICATION OF SETTLEMENT, Re: Miscellaneous Document #89 , filed by Lead Plaintiffs Bernard Bednarz, William Koch.(David, Cara)
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Filing 96
ORDER GRANTING JOINT STIPULATION by Judge Stephen V. Wilson, re Stipulation to Continue, #95 . 1. Defendants' deadline to file their Opposition to Plaintiffs' Motion for Class Certification be extended from July 12, 2021 to July 19, 2021; 2. Plaintiffs' deadline to file their Reply to Defendants' Opposition be extended from July 19, 2021 to August 5, 2021; 3. The hearing on Plaintiffs' Motion for Class Certification be continued from August 2, 2021 to August 16, 2021 at 1:30 p.m., or a time thereafter convenient to the Court. (mrgo)
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Filing 95
Joint STIPULATION to Continue Hearing Date of Plaintiffs' Motion for Class Certification (from 8/2/21 to 8/16/21) and Related Opposition and Reply Deadlines Re: NOTICE OF MOTION AND MOTION to Certify Class and Memorandum of Points and Authorities #91 filed by Defendant YayYo, Inc.. (Attachments: #1 Proposed Order)(Larson, Stephen)
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Filing 94
Notice of Appearance or Withdrawal of Counsel: for attorney Daniel R Lahana counsel for Defendant YayYo, Inc.. Adding Daniel R. Lahana as counsel of record for YayYo, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant YayYo, Inc.. (Attorney Daniel R Lahana added to party YayYo, Inc.(pty:dft))(Lahana, Daniel)
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Filing 93
Notice of Appearance or Withdrawal of Counsel: for attorney Richard C Harlan counsel for Defendant YayYo, Inc.. Adding Richard C. Harlan as counsel of record for YayYo, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant YayYo, Inc.. (Attorney Richard C Harlan added to party YayYo, Inc.(pty:dft))(Harlan, Richard)
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Filing 92
Notice of Appearance or Withdrawal of Counsel: for attorney Stephen Gerard Larson counsel for Defendant YayYo, Inc.. Adding Stephen G. Larson as counsel of record for YayYo, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant YayYo, Inc.. (Attorney Stephen Gerard Larson added to party YayYo, Inc.(pty:dft))(Larson, Stephen)
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Filing 91
NOTICE OF MOTION AND MOTION to Certify Class and Memorandum of Points and Authorities filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. Motion set for hearing on 8/2/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order, #2 Declaration of Cara David, #3 Exhibit 1 Jack Lo Declaration, #4 Exhibit 2 Bernard Bednarz Declaration, #5 Exhibit 3 William Koch Declaration, #6 Exhibit 4 Firm Resume) (David, Cara)
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Filing 90
MINUTES (IN CHAMBERS) - ORDER DENYING #78 MOTION FOR JUDGMENT ON THE PLEADINGS by Judge Stephen V. Wilson re: #78 MOTION for Judgment on the Pleadings. Before the Court is a motion for judgment on the pleadings filed by defendants YayYo Inc., Westpark Capital Corp., Ramy El-Batrawi, Kevin F. Pickard, Jeffrey J. Guzy, Christopher Miglino, Jonathan Rosen, and Paul Richter (collectively "Defendants"). Dkt 78. For the below reasons, the motion is DENIED. (See document for details) (mrgo)
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Filing 89
Joint Notice of Partial Settlement filed by Defendant Aegis Capital Corporation (Ramallo, Oscar)
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Filing 88
STATEMENT of Errata to Motion NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #78 filed by Defendant YayYo, Inc.. (Newhouse, George)
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Filing 87
NOTICE of Supplemental Authority in Support of Plaintiffs' Opposition to Select Defendants' Rule 12(c) Motion On The Pleadings filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. (Attachments: #1 Exhibit A -Supplemental Authority)(David, Cara)
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Filing 86
SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: and #49 MOTION to Dismiss Case filed by Defendant Aegis Capital Corporation; #78 MOTION for Judgment on the Pleadings filed by Defendant - The motions are submitted. Order to issue. The hearing scheduled for 06/14/2021 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 85
REPLY In Support of Motion For Judgment on Pleadings filed by Defendant YayYo, Inc.. (Newhouse, George)
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Filing 84
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #49 filed by Defendant Aegis Capital Corporation. (Attachments: #1 Declaration of Oscar Ramallo)(Ramallo, Oscar)
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Filing 83
SCHEDULING NOTICE - IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson - The Jury Trial is reset to 10/5/2021 at 9:00 AM, with the Pretrial Conference set for 9/27/2021 at 3:00 PM. The Court further orders Plaintiff to move for class certification on or before July 2, 2021.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 82
JOINT REPORT filed by Defendants Ramy El-Batrawi, Jeffrey Guzy, Christopher Miglino, Kevin Pickard, Paul Richter, Rideshare Rental, Inc., Jonathan Rosen, Harbant S. Sidhu, YayYo, Inc.. (Newhouse, George)
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Filing 81
OPPOSITION re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #78 filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (Attachments: #1 Declaration Cara David)(David, Cara)
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Filing 80
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: EX PARTE APPLICATION for Order for Preservation of Evidence filed by Plaintiffs #76 - The Court reminds the parties that the duty to preserve evidence arises when the party has notice that the evidence is relevant to litigation or when a party should have known that the evidence may be relevant to future litigation. Reinsdorf v. Skechers U.S.A., Inc., 296 F.R.D. 604, 625 (C.D. Cal. 2013). An opposing party need not make a request to preserve, and a failure to do so does not vitiate the independent obligation of an adverse party to preserve such information if the adverse party knows or should know of impending litigation. Apple Inc. v. Samsung Elecs. Co., 881 F. Supp. 2d 1132, 113637 (N.D. Cal. 2012). Here, litigation is not just impending; it is active. Accordingly, all parties are reminded that they have a duty to preserve any and all evidence related to this action, including but not limited to documents and internal communications in any medium. A failure to preserve is grounds for sanctions, including but not limited to dismissal, default, exclusion of evidence, and an adverse inference instruction. See id. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 79
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #49 filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (David, Cara)
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Filing 78
NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Defendant Ramy El-Batrawi, Christopher Miglino, Kevin Pickard, Paul Richter, Jonathan Rosen, Harbant S. Sidhu, YayYo, Inc.. Motion set for hearing on 6/14/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order) (Newhouse, George)
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Filing 77
YAYYO DEFENDANTS OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOR A PRESERVATION ORDER; DECLARATION OF GEORGE B. NEWHOUSE, JR. re: EX PARTE APPLICATION for Order for Preservation of Evidence #76 filed by Defendants Ramy El-Batrawi, Jeffrey Guzy, Christopher Miglino, Kevin Pickard, Paul Richter, Jonathan Rosen, Harbant S. Sidhu, Westpark Capital, Inc., YayYo, Inc.. (Attorney George B Newhouse, Jr added to party Westpark Capital, Inc.(pty:dft))(Newhouse, George)
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Filing 76
EX PARTE APPLICATION for Order for Preservation of Evidence filed by Plaintiffs Bernard Bednarz, William Koch. (Attachments: #1 Declaration Cara David, #2 Exhibit A - Email, #3 Proposed Order) (David, Cara)
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Filing 75
DECLARATION of Cara David re Order,, Terminate Deadlines,, Set/Reset Deadlines,, Set/Reset Motion Hearing and R&R Deadlines, #68 filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (David, Cara)
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Filing 74
NOTICE OF FILING TRANSCRIPT filed for proceedings 11/02/2020 a.m. re Transcript #73 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY
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Filing 73
TRANSCRIPT for proceedings held on 11/02/2020 a.m.. Court Reporter/Electronic Court Recorder: Sheri S. Kleeger, phone number 2138946604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/1/2021. Redacted Transcript Deadline set for 6/10/2021. Release of Transcript Restriction set for 8/9/2021. (Kleeger, Sheri)
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Filing 72
TRANSCRIPT ORDER as to Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch for Court Reporter. Court will contact Elaine Goodman at egoodman@pomlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (David, Cara)
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Filing 71
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Order Form (G-120), #70 . The following error(s) was found: INCORRECT FORM USED. PLEASE FILE THE REVISED TRANSCRIPT ORDER FORM (G-120) GENERAL FORMS>>G-120. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY (ha).
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Filing 70
TRANSCRIPT ORDER as to Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch for Court Reporter. Court will contact Elaine Goodman at egoodman@pomlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (David, Cara)
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Filing 69
SCHEDULING NOTICE by Judge Stephen V. Wilson re: MOTION to Dismiss Case #49 - The motion is set for hearing on 6/14/2021 at 1:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 68
ORDER ON AN ADJOURNMENT OF CURRENT DEADLINES PENDING EARLY MEDIATION by Judge Stephen V. Wilson, re Stipulation for Order #66 . 1. Any currently scheduled Court deadlines will be adjourned in light of the scheduled early mediation in this matter. 2. Plaintiffs' counsel will submit an affidavit updating the Court as to the results of the mediation on or before May 13, 2021. (See document for details) (mrgo)
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Filing 67
DECLARATION of Cara David re Stipulation for Order #66 seeking adjournment of current deadlines pending early mediation filed by Movant Bernard Bednarz, Consol Plaintiff William Koch. (David, Cara)
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Filing 66
Joint STIPULATION for Order seeking adjournment of current deadlines pending early mediation filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. (Attachments: #1 Proposed Order)(David, Cara)
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Filing 65
WAIVER OF SERVICE Returned Executed filed by Lead Plaintiff and Plaintiff William Koch, Bernard Bednarz. upon Jonathan Rosen waiver sent by Plaintiff on 3/19/2021, answer due 5/18/2021. Waiver of Service signed by George Newhouse. (Pafiti, Jennifer)
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Filing 64
NOTICE of Appearance filed by attorney George B Newhouse, Jr on behalf of Defendant Jonathan Rosen (Attorney George B Newhouse, Jr added to party Jonathan Rosen(pty:dft))(Newhouse, George)
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Filing 63
21 DAY Summons Issued re First Amended Complaint/Petition, #46 as to defendant Jonathan Rosen. (mrgo)
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Filing 62
SCHEDULING NOTICE by Judge Stephen V. Wilson re: MOTION to Dismiss Case #49 - Hearing on the motion scheduled for 03/29/2021 at 1:30 p.m. has been rescheduled 5/3/2021 at 01:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 61
Request for Clerk to Issue Summons on Amended Complaint/Petition, #46 filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. (Pafiti, Jennifer)
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Filing 60
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #59 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lom)
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Filing 59
Request for Clerk to Issue Summons on Amended Complaint/Petition, #46 filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. (David, Cara)
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Filing 58
ORDER by Judge Stephen V. Wilson: granting #56 Non-Resident Attorney Cara David APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs Bernard Bednarz, William Koch, designating Jennifer Pafiti as local counsel. (mrgo)
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Filing 57
ORDER ON A 30-DAY ADJOURNMENT OF CURRENT DEADLINES by Judge Stephen V. Wilson, re Stipulation for Extension of Time to File, #55 . IT IS HEREBY ORDERED THAT: 1. Any currently scheduled court deadlines should be adjourned for 30 days. 2. Any party may file an additional application for stay, on consent, if the parties agree to terms on an early mediation within 30 days of this agreement. 3. The Answer by the YayYo Defendants will be considered timely. 4. The Court, acting sua sponte or upon application by the parties, may modify this order at any time as justice requires. (mrgo)
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Filing 56
APPLICATION of Non-Resident Attorney Cara David to Appear Pro Hac Vice on behalf of Movant Bernard Bednarz, Consol Plaintiff William Koch (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30854027) filed by Lead Plaintiff and Plaintiff Bernard Bednarz, William Koch. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Proposed Order) (Pafiti, Jennifer)
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Filing 55
STIPULATION for Extension of Time to File - Joint Stipulation Seeking a 30-Day Adjournment of Current Deadlines Bernard Bednarz, William Koch. (Attachments: #1 Declaration of Jennifer Pafiti in Support of a 30-Day Adjournment of Current Deadlines, #2 [Proposed] Order on a 30-Day Adjournment of Current Deadlines)(Pafiti, Jennifer)
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Filing 54
NOTICE of Interested Parties filed by Defendant Westpark Capital, Inc., (Kamps, Julie)
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Filing 53
ANSWER to Amended Complaint/Petition, #46 with JURY DEMAND filed by Defendant Ramy El-Batrawi, Jeffrey Guzy, Christopher Miglino, Kevin Pickard, Paul Richter, Rideshare Rental, Inc., Harbant S. Sidhu, YayYo, Inc.. (Attachments: #1 Certification and Notice of Interested Parties)(Attorney George B Newhouse, Jr added to party Ramy El-Batrawi(pty:dft), Attorney George B Newhouse, Jr added to party Jeffrey Guzy(pty:dft), Attorney George B Newhouse, Jr added to party Christopher Miglino(pty:dft), Attorney George B Newhouse, Jr added to party Kevin Pickard (pty:dft), Attorney George B Newhouse, Jr added to party Paul Richter(pty:dft), Attorney George B Newhouse, Jr added to party Rideshare Rental, Inc.(pty:dft), Attorney George B Newhouse, Jr added to party Harbant S. Sidhu(pty:dft))(Newhouse, George)
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Filing 52
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening) #48 by Clerk of Court. Counsel are directed to file their Notice of Interested Parties within 7 days of today's date. (mrgo)
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Filing 51
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #48 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (mrgo)
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Filing 50
Certification and Notice of Interested Parties filed by Defendant Aegis Capital Corporation, identifying Aegis Capital Holding Corporation as Parent. (Ramallo, Oscar)
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Filing 49
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Aegis Capital Corporation. Motion set for hearing on 3/29/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Oscar Ramallo, #2 Exhibit 1 to Ramallo Declaration, #3 Exhibit 2 to Ramallo Declaration, #4 Exhibit 3 to Ramallo Declaration, #5 Exhibit 4 to Ramallo Declaration, #6 Exhibit 5 to Ramallo Declaration, #7 Exhibit 6 to Ramallo Declaration, #8 Exhibit 7 to Ramallo Declaration, #9 Exhibit 8 to Ramallo Declaration, #10 Exhibit 9 to Ramallo Declaration, #11 Exhibit 10 to Ramallo Declaration, #12 Proposed Order) (Ramallo, Oscar)
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Filing 48
ANSWER to Amended Complaint/Petition, #46 filed by Defendant Westpark Capital, Inc..(Kamps, Julie)
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Filing 47
EX PARTE APPLICATION to Extend Time to File Answer to 4/1/2021 filed by Defendant YayYo, Inc.. (Attachments: #1 Proposed Order Proposed Order Extending Time to Answer) (Newhouse, George)
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Filing 46
First AMENDED COMPLAINT against Defendants Aegis Capital Corp., Ramy El-Batrawi, Jeffrey Guzy, Christopher Miglino, Kevin Pickard, Paul Richter, Jonathan Rosen, Harbant S. Sidhu, Westpark Capital, Inc., YayYo, Inc., Rideshare Rental, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Lead Plaintiffs William Koch, Bernard Bednarz(Pafiti, Jennifer)
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Filing 45
ORDER by Judge Stephen V. Wilson: granting #43 Non-Resident Attorney Zheng He APPLICATION to Appear Pro Hac Vice on behalf of defendant Aegis Capital Corp, designating Oscar D. Ramallo as local counsel. (mrgo)
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Filing 44
ORDER by Judge Stephen V. Wilson: granting #42 Non-Resident Attorney Aaron F. Miner APPLICATION to Appear Pro Hac Vice on behalf of defendant Aegis Capital Corp, designating Oscar D. Ramallo as local counsel. (mrgo)
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Filing 43
APPLICATION of Non-Resident Attorney Zheng He to Appear Pro Hac Vice on behalf of Defendant Aegis Capital Corp. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30316868) filed by Defendant Aegis Capital Corp.. (Attachments: #1 Proposed Order) (Ramallo, Oscar)
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Filing 42
APPLICATION of Non-Resident Attorney Aaron F. Miner to Appear Pro Hac Vice on behalf of Defendant Aegis Capital Corp. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30290763) filed by defendant Aegis Capital Corp.. (Attachments: #1 Certificate of Good Standing for State of NY Supreme Court Appellate Div., #2 Proposed Order) (Attorney Oscar Ramallo added to party Aegis Capital Corp.(pty:dft)) (Ramallo, Oscar)
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Filing 41
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson - The Order to Show Cause #35 , issued 01/06/2021, is DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 40
RESPONSE filed by Movant Bernard Bednarzto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines #35 Response to Order To Show Cause (Pafiti, Jennifer)
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Filing 39
Notice of Appearance or Withdrawal of Counsel: for attorney Julie Elise Kamps counsel for Defendant Westpark Capital, Inc.. Adding Julie E. Kamps as counsel of record for WestPark Capital, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant WestPark Capital, Inc.. (Attorney Julie Elise Kamps added to party Westpark Capital, Inc.(pty:dft))(Kamps, Julie)
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Filing 38
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc)
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Filing 37
MINUTE ORDER IN CHAMBERS ORDER by Judge Stephen V. Wilson. Plaintiff's amended complaint should be filed no later than February 8, 2021. Defendants' answers or motions to dismiss are due on March 1, 2021. Should Defendants file a motion to dismiss, Plaintiff's opposition will be due March 12, 2021. Defendants' reply will be due March 19, 2021. Jury trial is set for July 27, 2021 at 9:00 a.m., with a pretrial conference on July 12, 2021 at 3:00 p.m. (lom)
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Filing 36
Joint STIPULATION for Order Amending Caption and Setting Schedule filed by Plaintiffs Bernard Bednarz, William Koch. (Attachments: #1 Proposed Order)(Pafiti, Jennifer)
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Filing 35
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Stephen V. Wilson. (Show Cause Response due by 1/13/2021.) (mrgo)
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Filing 34
NOTICE filed by Plaintiff Jason J. Hamlin. NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO PLAINTIFF HAMLIN ONLY (Rosen, Laurence)
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Filing 33
ORDER APPOINTING LEAD PLAINTIFF AND APPROVING SELECTION OF COUNSEL by Judge Stephen V. Wilson. IT IS HEREBY ORDERED THAT: 1. Having reviewed all pending Motions and accompanying Memoranda of Law, the Court hereby appoints Bernard Bednarz ("Bednarz") as Lead Plaintiff in the above-captioned action (the "Action"). Bednarz satisfies the requirements for Lead Plaintiff pursuant to Section 21D(a)(3)(B)(iii) of the Private Securities Litigation Reform Act of 1995 ("PSLRA"). (See document for details) (mrgo)
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Filing 32
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: #23 MOTION for Appointment as Lead Plaintiff and Approval of Choice of Counsel; and #26 MOTION of Bernard Bednarz for Appointment as Lead Plaintiff and Approval of Counsel - Pursuant to Plaintiff Hamlins non-opposition, Dkt. 31, Movant Bednarzs motion for appointment of counsel and approval of counsel, Dkt. 26, is GRANTED, and Plaintiff Hamlins competing motion, Dkt. 23, is DENIED as moot. Hearing on the motions previously scheduled for 12/07/2020 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 31
NOTICE of Non-Opposition of Jason J. Hamlin to Competing Motion for Appointment as Lead Plaintiff and Approval of Choice of Counsel filed by Plaintiff Jason J. Hamlin. (Rosen, Laurence)
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Filing 30
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum in Support of Motion, #27 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): Attorney's text entry is not the same as title of document. 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)
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Filing 29
CERTIFICATE of Interested Parties filed by Movant Bernard Bednarz, (Pafiti, Jennifer)
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Filing 28
DECLARATION of Jennifer Pafiti in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel NOTICE OF MOTION OF BERNARD BEDNARZ FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL #26 filed by Movant Bernard Bednarz. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certification, #4 Exhibit D - Firm Resume)(Pafiti, Jennifer)
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Filing 27
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel NOTICE OF MOTION OF BERNARD BEDNARZ FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL #26 filed by Movant Bernard Bednarz. (Pafiti, Jennifer)
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Filing 26
NOTICE OF MOTION AND MOTION for Appointment of Counsel NOTICE OF MOTION OF BERNARD BEDNARZ FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL filed by Movant Bernard Bednarz. Motion set for hearing on 12/7/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order) (Attorney Jennifer Pafiti added to party Bernard Bednarz(pty:bkmov)) (Pafiti, Jennifer)
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Filing 25
DECLARATION of Laurence M. Rosen in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #23 filed by Plaintiff Jason J. Hamlin. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume)(Rosen, Laurence)
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Filing 24
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #23 filed by Plaintiff Jason J. Hamlin. (Rosen, Laurence)
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Filing 23
NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by Plaintiff Jason J. Hamlin. Motion set for hearing on 12/7/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order) (Rosen, Laurence)
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Filing 22
MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge Stephen V. Wilson. Conference held. The Court rules as follows: 1. The cases are ordered consolidated; 2. Case CV 20-8235-SVW-AFM is designated as the lead case; 3. Case CV20-8591-SVW-AFM is administratively closed; 4. All filings shall be made in the lead case only; and 5. All counsel shall file appearances in the lead case. Court Reporter: Sheri Kleeger. (mrgo)
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Filing 21
ORDER by Judge Stephen V. Wilson: granting #20 Non-Resident Attorney Phillip Kim APPLICATION to Appear Pro Hac Vice on behalf of plaintiff Jason J. Hamlin, designating Laurence M. Rosen as local counsel. (mrgo)
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Filing 20
APPLICATION of Non-Resident Attorney Phillip Kim to Appear Pro Hac Vice on behalf of Plaintiff Jason J. Hamlin (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28770188) filed by plaintiff Jason J. Hamlin. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing) (Rosen, Laurence)
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Filing 19
SCHEDULING NOTICE: A Telephone Conference is set for 11/2/2020 at 1:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 18
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: Order to Show Cause #15 - The OSC is discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 17
RESPONSE filed by Plaintiff Jason J. Hamlinto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #15 RESPONSE to Order to Show Cause (Rosen, Laurence)
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Filing 16
PROOF OF SERVICE Executed by Plaintiff Jason J. Hamlin, upon Defendant Aegis Capital Corp. served on 10/16/2020, answer due 11/6/2020. Service of the Summons and Complaint were executed upon Katie Bush (Agent of Defendant's Registered Agent) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Rosen, Laurence)
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Filing 15
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Stephen V. Wilson: The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than October 22, 2020 why this action should not be dismissed as to defendants YayYo, Inc., served on 9/16/2020, and whose answer was due 10/7/2020, and Westpark Capital, Inc., served on 9/22/2020, and whose answer was due 10/13/2020 for lack of prosecution. (see document for further details) (bm)
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Filing 14
PROOF OF SERVICE Executed by Plaintiff Jason J. Hamlin, upon Defendant Westpark Capital, Inc. served on 9/22/2020, answer due 10/13/2020. Service of the Summons and Complaint were executed upon Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Rosen, Laurence)
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Filing 13
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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Filing 12
PROOF OF SERVICE Executed by Plaintiff Jason J. Hamlin, upon Defendant YayYo, Inc. served on 9/16/2020, answer due 10/7/2020. Service of the Summons and Complaint were executed upon Lisa Kline (Managing Agent of Defendant's Registered Agent) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Rosen, Laurence)
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Filing 11
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Westpark Capital, Inc.. (car)
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Filing 10
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Aegis Capital Corp.. (car)
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Filing 9
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Ramy El-Batrawi, Jeffrey Guzy, Christopher Miglino, Kevin Pickard, Paul Richter, Jonathan Rosen, Harbant S. Sidhu, YayYo, Inc.. (car)
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Filing 8
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Filing 7
NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Alexander F. MacKinnon. (car)
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Filing 6
Certification and NOTICE of Interested Parties filed by Plaintiff Jason J. Hamlin, (Rosen, Laurence)
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Filing 5
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jason J. Hamlin. (Rosen, Laurence)
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Filing 4
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jason J. Hamlin. (Rosen, Laurence)
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Filing 3
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jason J. Hamlin. (Rosen, Laurence)
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Jason J. Hamlin. (Rosen, Laurence)
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Filing 1
COMPLAINT Receipt No: ACACDC-27998712 - Fee: $400, filed by Plaintiff Jason J. Hamlin. (Attachments: #1 PSLRA Certification) (Attorney Laurence M Rosen added to party Jason J. Hamlin(pty:pla))(Rosen, Laurence)
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