Nathan Rubin v. Brian Mariotti et al
| Nathan Rubin and Richard Fletcher |
| Funko, Inc, Michael Lunsford, Brian Mariotti, Adam Kriger, Diane Irvine, Russell Nickel, Gino Dellomo, Jennifer Fall Jung, Charles Denson, Ken Brotman and Sarah Kirshbaum Levy |
| 2:2020cv10083 |
| November 3, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| Virginia A Phillips |
| Christina A Snyder |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.
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Filing 28
ORDER VOLUNTARILY DISMISSING ACTION WITHOUT PREJUDICE by Judge Virginia A. Phillips. Pursuant to the parties' Stipulation of Voluntary Dismissal Without Prejudice, the Court hereby Orders that: The Action is dismissed in its entirety without prejudice; For the reasons stated above, no notice of this dismissal is required; and The parties are to bear their own costs, fees, and expenses. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (yl)
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| Filing 27 STIPULATION to Dismiss Case pursuant to Rules 23.1(c) and 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure filed by Plaintiff Nathan Rubin. (Attachments: #1 Proposed Order)(Attorney Melissa A. Fortunato added to party Nathan Rubin (pty:pla))(Fortunato, Melissa) |
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Filing 26
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Virginia A. Phillips: Plaintiff is hereby ordered to show cause in writing by not later than April 22, 2021 why this action should not be dismissed for lack of prosecution. (See document for further details) (yl)
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Filing 25
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch)
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Filing 24
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-02319 VAP(PJWx). Case transferred from Judge Christina A. Snyder to Judge Virginia A. Phillips for all further proceedings. The case number will now reflect the initials of the transferee Judge 220-cv-10083 VAP (MAAx). Signed by Judge Virginia A. Phillips (esa)
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| Filing 23 RESPONSE filed by Pro Hac Vice attorney Raymond J. DiCamillo on behalf of Defendants Sarah Kirshbaum Levy, Ken Brotman, Gino Dellomo, Charles Denson, Funko, Inc, Diane Irvine, Jennifer Fall Jung, Adam Kriger, Michael Lunsford, Brian Mariotti, Russell Nickel. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
| Filing 22 RESPONSE filed by Pro Hac Vice attorney John M. O'Toole on behalf of Defendants Sarah Kirshbaum Levy, Ken Brotman, Gino Dellomo, Charles Denson, Funko, Inc, Diane Irvine, Jennifer Fall Jung, Adam Kriger, Michael Lunsford, Brian Mariotti, Russell Nickel. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
| Filing 21 NOTICE of Related Case(s) filed by nominal defendant and defendants Sarah Kirshbaum Levy, Ken Brotman, Gino Dellomo, Charles Denson, Funko, Inc, Diane Irvine, Jennifer Fall Jung, Adam Kriger, Michael Lunsford, Brian Mariotti, Russell Nickel. Related Case(s): 2:20-cv-02319-VAP-PJW, 2:20-cv-03740-VAP-PJW (Grant, Meryn) |
| Filing 20 Certification and Notice of Interested Parties of Interested Parties filed by nominal defendant and defendants Sarah Kirshbaum Levy, Ken Brotman, Gino Dellomo, Charles Denson, Funko, Inc, Diane Irvine, Jennifer Fall Jung, Adam Kriger, Michael Lunsford, Brian Mariotti, Russell Nickel, identifying Nathan Rubin, Funko, Inc., Brian Mariotti, Gino Dellomo, Michael Lunsford, Charles Denson, Adam Kriger, Ken Brotman, Diane Irvine, Jennifer Fall Jung, Russell Nickel, and Sarah Kirshbaum Levy. (Grant, Meryn) |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Meryn C N Grant counsel for Defendants Sarah Kirshbaum Levy, Ken Brotman, Gino Dellomo, Charles Denson, Funko, Inc, Diane Irvine, Jennifer Fall Jung, Adam Kriger, Michael Lunsford, Brian Mariotti, Russell Nickel. Adding Meryn C. N. Grant as counsel of record for Funko, Inc., Brian Mariotti, Gino Dellomo, Michael Lunsford, Charles Denson, Adam Kriger, Ken Brotman, Diane Irvine, Jennifer Fall Jung, Russell Nickel, and Sarah Kirshbaum Levy for the reason indicated in the G-123 Notice. Filed by nominal defendant and defendants Funko, Inc., Brian Mariotti, Gino Dellomo, Michael Lunsford, Charles Denson, Adam Kriger, Ken Brotman, Diane Irvine, Jennifer Fall Jung, Russell Nickel, and Sarah Kirshbaum Levy. (Attorney Meryn C N Grant added to party Sarah Kirshbaum Levy(pty:dft), Attorney Meryn C N Grant added to party Ken Brotman(pty:dft), Attorney Meryn C N Grant added to party Gino Dellomo(pty:dft), Attorney Meryn C N Grant added to party Charles Denson(pty:dft), Attorney Meryn C N Grant added to party Funko, Inc(pty:dft), Attorney Meryn C N Grant added to party Diane Irvine(pty:dft), Attorney Meryn C N Grant added to party Jennifer Fall Jung(pty:dft), Attorney Meryn C N Grant added to party Adam Kriger(pty:dft), Attorney Meryn C N Grant added to party Michael Lunsford(pty:dft), Attorney Meryn C N Grant added to party Brian Mariotti(pty:dft), Attorney Meryn C N Grant added to party Russell Nickel(pty:dft))(Grant, Meryn) |
| Filing 18 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Raymond J. DiCamillo on behalf of All Defendants. 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. (et) |
| Filing 17 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John M. O'Toole on behalf of All Defendants. 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. (et) |
| Filing 16 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Peter Bradford deLeeuw on behalf of Plaintiff Nathan Rubin. 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. (et) |
| Filing 15 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 14 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Maria A. Audero. (et) |
| Filing 13 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:20-cv-00947-RGA, from USDC District of Delaware (Wilmington). The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-10083-CAS (MAAx). (et) |
| Filing 12 ORIGINAL file, certified copy of transfer order and docket sheet received from Delaware |
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Filing 11
SO ORDERED Granting #10 Joint Stipulation and Proposed Order Regarding Transfer of Action. Signed by Judge Richard G. Andrews on 10/30/2020. (nms) [Transferred from Delaware on 11/6/2020.]
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| Filing 10 Joint Stipulation and [Proposed] Order regarding Transfer of Action, by Sarah Kirshbaum Levy, Ken Brotman, Gino Dellomo, Charles Denson, Funko, Inc., Diane Irvine, Jennifer Fall Jung, Adam Kriger, Michael Lunsford, Brian Mariotti, Russell Nickel. (DiCamillo, Raymond) Modified on 10/30/2020 (nms). [Transferred from Delaware on 11/6/2020.] |
| Case transferred to United States District Court for the Central District of California. Associated Cases: 1:20-cv-00947-RGA, 1:20-cv-01031-RGA(nms) [Transferred from Delaware on 11/6/2020.] |
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Filing 9
SO ORDERED as Modified re #8 Stipulation and Proposed Scheduling Order. On or before November 2, 2020, Defendant shall move to transfer. Plaintiff shall file their answering brief in opposition by November 17, 2020. Defendants shall file their reply brief by December 1, 2020. Signed by Judge Richard G. Andrews on 10/13/2020. (nms) [Transferred from Delaware on 11/6/2020.]
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| Filing 8 STIPULATION and Proposed Scheduling Order, by Richard Fletcher, Nathan Rubin. (deLeeuw, Peter) Modified on 10/8/2020 (nms). [Transferred from Delaware on 11/6/2020.] |
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Filing 7
SO ORDERED Granting (D.I. 8 in 20-cv-1031-RGA; D.I. 6 in 20-cv-947-RGA) Stipulation and Proposed Order Consolidating Related Derivative Actions and Appointing Lead and Liaison Counsel. Signed by Judge Richard G. Andrews on 9/8/2020. Associated Cases: 1:20-cv-00947-RGA, 1:20-cv-01031-RGA(nms) [Transferred from Delaware on 11/6/2020.]
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| Filing 6 STIPULATION and [Proposed] Order Consolidating Related Derivative Actions and Appointing Lead and Liaison Counsel by Richard Fletcher, Nathan Rubin. (deLeeuw, Peter) [Transferred from Delaware on 11/6/2020.] |
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Filing 5
ORAL ORDER: The stipulated motion (D.I. 5 20-cv-1031-RGA; D.I. 4 in 20-cv-947-RGA is DENIED. The court would approve it if there were only one lead counsel. This is a case each counsel filed on its own, and two co-lead counsel dilutes responsibility for no good reason when either counsel could competently handle the case on its own. Ordered by Judge Richard G. Andrews on 9/3/2020. Associated Cases: 1:20-cv-00947-RGA, 1:20-cv-01031-RGA(nms) [Transferred from Delaware on 11/6/2020.]
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| Filing 4 STIPULATION and Proposed Order Consolidating Related Derivative Actions and Appointing Co-Lead And Liaison Counsel, by Richard Fletcher, Nathan Rubin. (deLeeuw, Peter) Modified on 9/3/2020 (nms). [Transferred from Delaware on 11/6/2020.] |
| Filing 3 NOTICE of Appearance by Raymond J. DiCamillo on behalf of Sarah Kirshbaum Levy, Ken Brotman, Gino Dellomo, Charles Denson, Funko, Inc., Diane Irvine, Jennifer Fall Jung, Adam Kriger, Michael Lunsford, Brian Mariotti, Russell Nickel (DiCamillo, Raymond) [Transferred from Delaware on 11/6/2020.] |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) [Transferred from Delaware on 11/6/2020.] |
| No Summons Issued. (myr) [Transferred from Delaware on 11/6/2020.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) [Transferred from Delaware on 11/6/2020.] |
| Filing 1 VERIFIED STOCKHOLDER DERIVATIVE COMPLAINT filed with Jury Demand against Sarah Kirshbaum Levy, Ken Brotman, Gino Dellomo, Charles Denson, Funko, Inc., Diane Irvine, Jennifer Fall Jung, Adam Kriger, Michael Lunsford, Brian Mariotti, Russell Nickel - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-3060952.) - filed by Nathan Rubin. (Attachments: #1 Verification of Nathan Rubin, #2 Civil Cover Sheet)(myr) [Transferred from Delaware on 11/6/2020.] |
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