In re Align Technology, Inc. Securities Litigation
| City of Roseville Employees' Retirement System and Macomb County Employees' Retirement System |
| John F. Morici, Joseph M. Hogan and Align Technology Inc |
| Raj Grandhi, District No. 9, I.A. of M. & A.W. Pension Trust, Patricia Colbert and North Collier Fire Control and Rescue District Firefighters' Pension Trust Fund |
| 3:2020cv02897 |
| April 28, 2020 |
| US District Court for the Northern District of California |
| Maxine M Chesney |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 65
SCHEDULING ORDER. Lead Plaintiff shall file its Amended Complaint on or before August 4, 2020. Defendants shall file their Motion to Dismiss the Amended Complaint on or before September 18, 2020. Lead Plaintiff shall file its opposition to the Motion to Dismiss on or before November 2, 2020. Defendants shall file their reply in support of their Motion to Dismiss the Amended Complaint on or before December 2, 2020. The hearing on the above-referenced motion shall be noticed for January 15, 2021, at 9:00 a.m. The Case Management Conference currently scheduled for July 31, 2020, is hereby CONTINUED to March 5, 2021, at 10:30 a.m. A Joint Case Management Conference Statement shall be filed no later than February 26, 2021. Signed by Judge Maxine M. Chesney on June 12, 2020. (mmclc2, COURT STAFF) (Filed on 6/12/2020)
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| Set/Reset Deadlines:, Set/Reset Hearing, Set/Reset Deadlines as to Amended Pleadings due by 8/4/2020. Joint Case Management Statement due by 2/26/2021. Initial Case Management Conference reset to 3/5/2021 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Dispositive Motion due by 9/18/2020. Opposition due by 11/2/2020. Reply due by 12/2/2020. Motion Hearing set for 1/15/2021 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 6/12/2020) |
| Filing 64 JOINT STIPULATION WITH PROPOSED ORDER re Scheduling filed by Align Technology Inc, Joseph M. Hogan, John F. Morici. (Hashemi, Caz) (Filed on 6/11/2020) |
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Filing 63
ORDER GRANTING REQUEST FOR WITHDRAWAL OF COUNSEL. The clerk is directed to remove Reed R. Kathrein, Lucas E. Gilmore, and Danielle Smith of Hagens Berman Sobol Shaprio LLP from the docket and ECF service list. Signed by Judge Maxine M. Chesney on May 29, 2020. (mmclc2, COURT STAFF) (Filed on 5/29/2020)
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| Filing 62 NOTICE by Patricia Colbert of Request for Withdrawal of Counsel (Attachments: #1 Exhibit A (Proposed Order))(Smith, Danielle) (Filed on 5/29/2020) |
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Filing 61
ORDER GRANTING THE MOTION OF MACOMB COUNTY EMPLOYEES' RETIREMENT SYSTEM FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF ITS SELECTION OF LEAD COUNSEL. Macomb County Employees' Retirement System is appointed to serve as lead plaintiff pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78u-4(a)(3)(B), as amended by the Private Securities Litigation Reform Act of 1995. Macomb County's selection of Lead Counsel is approved, and Bleichmar Fonti & Auld LLP is appointed as Lead Counsel for the class. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, any subsequently filed, removed, or transferred securities class actions that are related to the claims asserted in this action are consolidated for all purposes. The consolidated action shall be captioned "In re Align Technology, Inc. Securities Litigation" and the file shall be maintained under Master File No. 3:20-cv-02897-MMC. Signed by Judge Maxine M. Chesney on May 20, 2020.(mmclc2, COURT STAFF) (Filed on 5/20/2020)
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Filing 60
RELATED CASE ORDER. 20-cv-3043, Stafford v. Hogan, et al., is related to 20-cv-2897, City of Roseville Employees' Retirement System v. Align Technology, Inc. et al. The Clerk of Court is instructed to reassign the later-filed action to the undersigned. Signed by Judge Maxine M. Chesney on May 20, 2020. (mmclc2, COURT STAFF) (Filed on 5/20/2020)
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| Filing 59 Memorandum of Points and Authorities in support of re #42 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Macomb County Employees' Retirement System. (Related document(s) #42 ) (Borkon, Peter) (Filed on 5/15/2020) Modified on 5/19/2020 (gbaS, COURT STAFF). |
| Filing 58 NOTICE of Non-Opposition to Competing Motions by Patricia Colbert (Smith, Danielle) (Filed on 5/15/2020) Modified on 5/19/2020 (gbaS, COURT STAFF). |
| Filing 57 Notice of Withdrawal of Motion (Myers, Danielle) (Filed on 5/15/2020) |
| Filing 56 NOTICE by North Collier Fire Control and Rescue District Firefighters' Pension Trust Fund re #20 MOTION to Appoint Lead Plaintiff and Lead Counsel Non-Opposition to the Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel (Graham, Mary) (Filed on 5/14/2020) |
| Filing 55 Joint MOTION to Relate Case filed by Align Technology Inc, Joseph M. Hogan, John F. Morici. (Attachments: #1 Proposed Order Granting Joint Administrative Motion to Relate Cases, #2 Certificate/Proof of Service)(Hashemi, Caz) (Filed on 5/12/2020) |
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Filing 54
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Ross Shikowitz is granted. Signed by Judge Maxine M. Chesney on May 7, 2020. (mmclc2, COURT STAFF) (Filed on 5/7/2020)
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Filing 53
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Javier Bleichmar is granted. Signed by Judge Maxine M. Chesney on May 7, 2020. (mmclc2, COURT STAFF) (Filed on 5/7/2020)
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Filing 52
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Nancy A. Kulesa is granted. Signed by Judge Maxine M. Chesney on May 7, 2020. (mmclc2, COURT STAFF) (Filed on 5/7/2020)
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| Filing 51 MOTION for leave to appear in Pro Hac Vice of Ross Shikowitz ( Filing fee $ 310, receipt number 0971-14447330.) filed by Macomb County Employees' Retirement System. (Shikowitz, Ross) (Filed on 5/7/2020) |
| Filing 50 MOTION for leave to appear in Pro Hac Vice of Javier Bleichmar ( Filing fee $ 310, receipt number 0971-14447277.) Filing fee previously paid on May 7, 2020 filed by Macomb County Employees' Retirement System. (Bleichmar, Javier) (Filed on 5/7/2020) |
| Filing 49 MOTION for leave to appear in Pro Hac Vice of Nancy Kulesa ( Filing fee $ 310, receipt number 0971-14447247.) filed by Macomb County Employees' Retirement System. (Kulesa, Nancy) (Filed on 5/7/2020) |
| Filing 48 NOTICE of Non-Opposition to the Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel by Raj Grandhi re #24 MOTION to Appoint Lead Plaintiff and Lead Counsel (Miller, Kim) (Filed on 5/4/2020) Modified on 5/6/2020 (gbaS, COURT STAFF). |
| Filing 47 CERTIFICATE of Counsel Ross Shikowitz by Peter E. Borkon on behalf of Macomb County Employees' Retirement System (Borkon, Peter) (Filed on 5/1/2020) |
| Filing 46 CERTIFICATE of Counsel Nancy A Kulesa by Peter E. Borkon on behalf of Macomb County Employees' Retirement System (Borkon, Peter) (Filed on 5/1/2020) |
| Filing 45 CERTIFICATE of Counsel Javier Bleichmar by Peter E. Borkon on behalf of Macomb County Employees' Retirement System (Borkon, Peter) (Filed on 5/1/2020) |
| Filing 44 CERTIFICATE of Counsel Peter E Borkon by Peter E. Borkon on behalf of Macomb County Employees' Retirement System (Borkon, Peter) (Filed on 5/1/2020) |
| Filing 43 Declaration of Peter E Borkon in Support of #42 MOTION to Appoint Lead Plaintiff and Lead Counsel and Memorandum of Points and Authorities in Support Thereof filed byMacomb County Employees' Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #42 ) (Borkon, Peter) (Filed on 5/1/2020) |
| Filing 42 MOTION to Appoint Lead Plaintiff and Lead Counsel and Memorandum of Points and Authorities in Support Thereof filed by Macomb County Employees' Retirement System. Motion Hearing set for 6/5/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 5/15/2020. Replies due by 5/22/2020. (Attachments: #1 Proposed Order)(Borkon, Peter) (Filed on 5/1/2020) |
| Filing 41 CERTIFICATE of Counsel Pursuant to Local Rule 3-7(d) by Michael Albert on behalf of District No. 9, I.A. of M. & A.W. Pension Trust (Albert, Michael) (Filed on 5/1/2020) |
| Filing 40 CERTIFICATE of Counsel Pursuant to Local Rule 3-7(d) by Shawn A. Williams on behalf of District No. 9, I.A. of M. & A.W. Pension Trust (Williams, Shawn) (Filed on 5/1/2020) |
| Filing 39 CERTIFICATE of Counsel Pursuant to Local Rule 3-7(d) by Danielle Suzanne Myers on behalf of District No. 9, I.A. of M. & A.W. Pension Trust (Myers, Danielle) (Filed on 5/1/2020) |
| Filing 38 Certificate of Interested Entities by District No. 9, I.A. of M. & A.W. Pension Trust (Myers, Danielle) (Filed on 5/1/2020) |
| Filing 37 Declaration of Danielle S. Myers in Support of #36 MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Law in Support Thereof filed byDistrict No. 9, I.A. of M. & A.W. Pension Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #36 ) (Myers, Danielle) (Filed on 5/1/2020) |
| Filing 36 MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Law in Support Thereof filed by District No. 9, I.A. of M. & A.W. Pension Trust. Motion Hearing set for 6/5/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 5/15/2020. Replies due by 5/22/2020. (Attachments: #1 Proposed Order)(Myers, Danielle) (Filed on 5/1/2020) |
| Filing 35 NOTICE of Appearance by Danielle Suzanne Myers (Myers, Danielle) (Filed on 5/1/2020) |
| Filing 34 Certificate of Interested Entities by Patricia Colbert (Gilmore, Lucas) (Filed on 5/1/2020) |
| Filing 33 CERTIFICATE of Counsel of Lucas E. Gilmore by Lucas E. Gilmore on behalf of Patricia Colbert (Gilmore, Lucas) (Filed on 5/1/2020) |
| Filing 32 CERTIFICATE of Counsel of Reed R. Kathrein by Reed R. Kathrein on behalf of Patricia Colbert (Kathrein, Reed) (Filed on 5/1/2020) |
| Filing 31 CERTIFICATE of Counsel of Danielle Smith by Danielle Smith on behalf of Patricia Colbert (Smith, Danielle) (Filed on 5/1/2020) |
| Filing 30 Declaration of Danielle Smith in Support of #29 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byPatricia Colbert. (Attachments: #1 Exhibit A - Movant's Certification, #2 Exhibit B - Movant's Loss Chart, #3 Exhibit C - Notice of Pendency, #4 Exhibit D - Movant's Declaration, #5 Exhibit E - Firm Resume)(Related document(s) #29 ) (Smith, Danielle) (Filed on 5/1/2020) |
| Filing 29 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Patricia Colbert. Motion Hearing set for 6/5/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 5/15/2020. Replies due by 5/22/2020. (Attachments: #1 Proposed Order)(Smith, Danielle) (Filed on 5/1/2020) |
| Filing 28 CERTIFICATE of Counsel of Ramzi Abadou by Kim Elaine Miller on behalf of Raj Grandhi (Miller, Kim) (Filed on 5/1/2020) |
| Filing 27 CERTIFICATE of Counsel Lewis S. Kahn by Kim Elaine Miller on behalf of Raj Grandhi (Miller, Kim) (Filed on 5/1/2020) |
| Filing 26 CERTIFICATE of Counsel of Kim E. Miller by Kim Elaine Miller on behalf of Raj Grandhi (Miller, Kim) (Filed on 5/1/2020) |
| Filing 25 Certificate of Interested Entities by Raj Grandhi (Miller, Kim) (Filed on 5/1/2020) |
| Filing 24 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Raj Grandhi. Motion Hearing set for 6/5/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 5/15/2020. Replies due by 5/22/2020. (Attachments: #1 Declaration of Kim E. Miller, #2 Exhibit A - Grandhi Certification, #3 Exhibit B - Loss Chart, #4 Exhibit C - Statutory Notice, #5 Exhibit D - Kahn Swick & Foti, LLC Resume, #6 Proposed Order)(Miller, Kim) (Filed on 5/1/2020) |
| Filing 23 CERTIFICATE of Counsel of Mary Elizabeth Graham by Mary Elizabeth Graham on behalf of North Collier Fire Control and Rescue District Firefighters' Pension Trust Fund (Graham, Mary) (Filed on 5/1/2020) |
| Filing 22 CERTIFICATE of Counsel of Daniel L. Berger by Mary Elizabeth Graham on behalf of North Collier Fire Control and Rescue District Firefighters' Pension Trust Fund (Graham, Mary) (Filed on 5/1/2020) |
| Filing 21 Certificate of Interested Entities by North Collier Fire Control and Rescue District Firefighters' Pension Trust Fund (Graham, Mary) (Filed on 5/1/2020) |
| Filing 20 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by North Collier Fire Control and Rescue District Firefighters' Pension Trust Fund. Motion Hearing set for 6/5/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 5/15/2020. Replies due by 5/22/2020. (Attachments: #1 Declaration of Elizabeth Graham, #2 Exhibit 1-PSLRA Notice of Pendency, #3 Exhibit 2-Certification of North Collier Fire Control and Rescue District Firefighters Pension Trust Fund, #4 Exhibit 3-Transactions and Losses, #5 Exhibit 4-Grant & Eisenhofer P.A. Firm Resume, #6 Proposed Order)(Graham, Mary) (Filed on 5/1/2020) |
| Filing 19 Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 7/24/2020. Initial Case Management Conference set for 7/31/2020 at 10:30 AM in San Francisco, Courtroom 7, 19th Floor. (Attachments: #1 Notice of Eligibility for Video Recording)(wsnS, COURT STAFF) (Filed on 4/28/2020) |
| Filing 18 Case transferred in from District of New York Southern; Case Number 1:20-cv-01822. Original file certified copy of transfer order and docket sheet received. |
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Filing 17
JOINT STIPULATION REGARDING TRANSFERRING ACTION, Motions terminated: #12 MOTION to Transfer Case . filed by John F. Morici, Joseph M. Hogan, Align Technology, Inc.. IT IS HEREBY STIPULATED AND AGREED among the undersigned parties, and respectfully submitted for the Court's approval as follows: 1. Plaintiff does not oppose Defendants' Motion to Transfer; 2. Defendants request that the Court transfer the action to the Northern District of California, San Jose Division. Application granted on consent. The Clerk is directed to transfer this action to the Northern District of California and to close the case on the docket of this Court. So Ordered. (Signed by Judge John G. Koeltl on 4/16/2020) (ks) Transmission to Office of the Clerk of Court for processing.
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of California.(ks) |
| Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by Align Technology, Inc., Joseph M. Hogan, John F. Morici. (Attachments: #1 Text of Proposed Order).(Bassin, Sheryl) |
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Filing 15
ORDER FOR ADMISSION PROHAC VICE OF CAZ HASHEMI granting #9 Motion for Caz Hashemi to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 4/14/2020) (ks)
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| Filing 14 DECLARATION of WILL AYALA in Support re: #12 MOTION to Transfer Case .. Document filed by Align Technology, Inc., Joseph M. Hogan, John F. Morici..(Bassin, Sheryl) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Transfer Case . . Document filed by Align Technology, Inc., Joseph M. Hogan, John F. Morici..(Bassin, Sheryl) |
| Filing 12 MOTION to Transfer Case . Document filed by Align Technology, Inc., Joseph M. Hogan, John F. Morici. (Attachments: #1 Text of Proposed Order).(Bassin, Sheryl) |
| Filing 11 MOTION for DORU GAVRIL to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19393131. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Align Technology, Inc., Joseph M. Hogan, John F. Morici. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Gavril, Doru) |
| Filing 10 MOTION for IGNACIO E. SALCEDA to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19393077. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Align Technology, Inc., Joseph M. Hogan, John F. Morici. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Salceda, Ignacio) |
| Filing 9 MOTION for CAZ HASHEMI to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19392799. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Align Technology, Inc., Joseph M. Hogan, John F. Morici. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Hashemi, Caz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for IGNACIO E. SALCEDA to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19393077. Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for CAZ HASHEMI to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19392799. Motion and supporting papers to be reviewed by Clerk's Office staff., #11 MOTION for DORU GAVRIL to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19393131. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
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Filing 8
ORDER REGARDING RESPONSE TO COMPLAINT. IT IS HEREBY ORDERED as follows: 1. Defendants shall not be required to answer or otherwise respond to the current Complaint; 2. Following the appointment of a Lead Plaintiff the parties will confer and, in light of circumstances at that time, will submit a proposed schedule for the filing of an amended complaint and Defendants' response thereto; and 3. The parties' stipulation and present order is without prejudice to or waiver of any rights, arguments, defenses, or other objections of the parties. (Signed by Judge John G. Koeltl on 3/27/2020) (rjm)
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| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Align Technology, Inc...(Bassin, Sheryl) |
| Filing 6 PROPOSED STIPULATION AND ORDER. Document filed by Align Technology, Inc., Joseph M. Hogan, John F. Morici. (Attachments: #1 Text of Proposed Order).(Bassin, Sheryl) |
| Filing 5 NOTICE OF APPEARANCE by Sheryl Shapiro Bassin on behalf of Align Technology, Inc., Joseph M. Hogan, John F. Morici..(Bassin, Sheryl) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Align Technology, Inc., Joseph M. Hogan, John F. Morici..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samuel Howard Rudman. The party information for the following party/parties has been modified: City of Roseville Employees' Retirement System. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Align Technology, Inc., Joseph M. Hogan and John F. Morici, re: #1 Complaint. Document filed by City of Roseville Employees' Retirement System..(Rudman, Samuel) |
| Filing 2 CIVIL COVER SHEET filed..(Rudman, Samuel) |
| Filing 1 COMPLAINT against Align Technology, Inc., Joseph M. Hogan, John F. Morici. (Filing Fee $ 400.00, Receipt Number ANYSDC-18975775)Document filed by City of Roseville Employees' Retirement System..(Rudman, Samuel) |
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