Hayes v. Enphase Energy, Inc. et al
| Wayne Hayes |
| Badrinarayanan Kothandaraman, Enphase Energy, Inc. and Mandy Yang |
| Andrey Ponomarchuk, Michael Gastonguay, Daniel C. Smith, Lon D. Praytor, Richard S. Koenig Jr. and Brent Ellacott |
| 3:2024cv04249 |
| July 15, 2024 |
| U.S. District Court for the Northern District of California |
| James Donato |
| Stockholders Suits |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2025. A more recent docket listing may be available from PACER.
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| Filing 61 Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 9/5/2024. Total Time in Court: 37 minutes. Court Reporter: Kendra Steppler. (jdlc3, COURT STAFF) (Date Filed: 9/5/2024) |
Filing 60
ORDER by Judge James Donato granting #59 Motion for Pro Hac Vice. (lrc, COURT STAFF) (Filed on 9/5/2024)
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| Filing 59 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19806643.) filed by Daniel C. Smith. (Attachments: #1 Certificate of Good Standing (New York))(Tyre-Karp, Daniel) (Filed on 9/4/2024) |
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Filing 58
ORDER by Judge James Donato granting #56 Motion for Pro Hac Vice. (lrc, COURT STAFF) (Filed on 8/21/2024)
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Filing 57
ORDER by Judge James Donato granting #55 Motion for Pro Hac Vice. (lrc, COURT STAFF) (Filed on 8/21/2024)
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| #Electronic filing error. Attorney Henry Bloxenheim needs to update the ECF account as the docket shows that his address is in Brooklyn, New York and there's no firm name. Re: #58 Order on Motion for Pro Hac Vice. (mcl, COURT STAFF) (Filed on 8/21/2024) |
| Filing 56 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19747505.) filed by Daniel C. Smith. (Attachments: #1 Certificate of Good Standing (New York))(Bloxenheim, Henry) (Filed on 8/20/2024) |
| Filing 55 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19747413.) filed by Daniel C. Smith. (Attachments: #1 Certificate of Good Standing (New York))(Kim, Phillip) (Filed on 8/20/2024) |
| Filing 54 REPLY (re #31 MOTION to Appoint Lead Plaintiff and Lead Counsel , #32 First MOTION to Appoint Lead Plaintiff and Lead Counsel , #28 First MOTION to Appoint Lead Plaintiff and Lead Counsel , #17 MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byAndrey Ponomarchuk. (Burke, Timothy) (Filed on 8/19/2024) |
| Filing 53 REPLY (re #24 MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byLon D. Praytor. (Linehan, Charles) (Filed on 8/19/2024) |
| Filing 52 REPLY (re #24 MOTION to Appoint Lead Plaintiff and Lead Counsel , #32 First MOTION to Appoint Lead Plaintiff and Lead Counsel , #17 MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byDaniel C. Smith. (Rosen, Laurence) (Filed on 8/19/2024) |
| Filing 51 ERRATA re #48 Opposition/Response to Motion, by Daniel C. Smith. (Rosen, Laurence) (Filed on 8/14/2024) |
| Filing 50 OPPOSITION/RESPONSE (re #31 MOTION to Appoint Lead Plaintiff and Lead Counsel , #24 MOTION to Appoint Lead Plaintiff and Lead Counsel , #32 First MOTION to Appoint Lead Plaintiff and Lead Counsel , #28 First MOTION to Appoint Lead Plaintiff and Lead Counsel , #17 MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byAndrey Ponomarchuk. (Attachments: #1 Exhibit)(Burke, Timothy) (Filed on 8/12/2024) |
| Filing 49 OPPOSITION/RESPONSE (re #31 MOTION to Appoint Lead Plaintiff and Lead Counsel , #32 First MOTION to Appoint Lead Plaintiff and Lead Counsel , #28 First MOTION to Appoint Lead Plaintiff and Lead Counsel , #17 MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byLon D. Praytor. (Linehan, Charles) (Filed on 8/12/2024) |
| Filing 48 OPPOSITION/RESPONSE (re #31 MOTION to Appoint Lead Plaintiff and Lead Counsel , #24 MOTION to Appoint Lead Plaintiff and Lead Counsel , #32 First MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byDaniel C. Smith. (Rosen, Laurence) (Filed on 8/12/2024) |
| Filing 47 NOTICE by Brent Ellacott re #28 First MOTION to Appoint Lead Plaintiff and Lead Counsel Non-Opposition to Competing Motions For Appointment As Lead Plaintiff And Of Lead Counsel (Jasnoch, John) (Filed on 8/12/2024) |
| Filing 46 Statement of Non-Opposition re #31 MOTION to Appoint Lead Plaintiff and Lead Counsel Statement of Non-Opposition of Michael Gastonguay to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel filed byMichael Gastonguay. (Related document(s) #31 ) (Pafiti, Jennifer) (Filed on 8/12/2024) |
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Filing 45
ORDER by Judge James Donato granting #44 Motion for Pro Hac Vice. (lrc, COURT STAFF) (Filed on 8/9/2024)
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| Filing 44 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19704496.) filed by Andrey Ponomarchuk. (Attachments: #1 Certificate of Good Standing)(Seidman, Joseph) (Filed on 8/8/2024) |
| Filing 43 Notice of Withdrawal of Motion [Dkt. No. 21] (Apton, Adam) (Filed on 8/2/2024) |
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Filing 42
ORDER by Judge James Donato granting #40 Motion for Pro Hac Vice. (lrc, COURT STAFF) (Filed on 8/2/2024)
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| Filing 41 ERRATA re #18 Declaration in Support, by Daniel C. Smith. (Attachments: #1 Exhibit 1)(Rosen, Laurence) (Filed on 8/1/2024) |
| Filing 40 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19681313.) filed by Andrey Ponomarchuk. (Hasson, Laurence) (Filed on 8/1/2024) |
| Filing 39 CERTIFICATE of Counsel re #32 First MOTION to Appoint Lead Plaintiff and Lead Counsel CERTIFICATION OF ATTORNEY JOSEPH R. SEIDMAN, JR. PURSUANT TO LOCAL RULE 3-7(d) by Timothy J. Burke on behalf of Andrey Ponomarchuk (Burke, Timothy) (Filed on 7/29/2024) |
| Filing 38 CERTIFICATE of Counsel re #28 First MOTION to Appoint Lead Plaintiff and Lead Counsel CERTIFICATION OF ATTORNEY LAURENCE J. HASSON PURSUANT TO LOCAL RULE 3-7(d) by Timothy J. Burke on behalf of Andrey Ponomarchuk (Burke, Timothy) (Filed on 7/29/2024) |
| Filing 37 CERTIFICATE of Counsel re #32 First MOTION to Appoint Lead Plaintiff and Lead Counsel CERTIFICATION OF ATTORNEY TIMOTHY J. BURKE PURSUANT TO LOCAL RULE 3-7(d) by Timothy J. Burke on behalf of Andrey Ponomarchuk (Burke, Timothy) (Filed on 7/29/2024) |
| Filing 36 Proposed Order re #32 First MOTION to Appoint Lead Plaintiff and Lead Counsel by Andrey Ponomarchuk. (Burke, Timothy) (Filed on 7/29/2024) |
| Filing 35 Declaration of Timothy Burke in Support of #28 First MOTION to Appoint Lead Plaintiff and Lead Counsel filed byAndrey Ponomarchuk. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Related document(s) #28 ) (Burke, Timothy) (Filed on 7/29/2024) Modified on 7/30/2024 (mcl, COURT STAFF). |
| Filing 34 Certificate of Interested Entities by Michael Gastonguay re #31 MOTION to Appoint Lead Plaintiff and Lead Counsel (Pafiti, Jennifer) (Filed on 7/29/2024) |
| Filing 33 CERTIFICATE of Counsel re #31 MOTION to Appoint Lead Plaintiff and Lead Counsel by Jennifer Pafiti on behalf of Michael Gastonguay (Pafiti, Jennifer) (Filed on 7/29/2024) |
| Filing 32 First MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Andrey Ponomarchuk. Motion Hearing set for 9/5/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/12/2024. Replies due by 8/19/2024. (Burke, Timothy) (Filed on 7/29/2024) |
| Filing 31 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Michael Gastonguay. Motion Hearing set for 9/5/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/12/2024. Replies due by 8/19/2024. (Attachments: #1 Proposed Order, #2 Declaration of Jennifer Pafiti, #3 Exhibit A - Damages Analysis, #4 Exhibit B - PSLRA, #5 Exhibit C - Certification and Schedule A, #6 Exhibit D - Movant Declaration, #7 Exhibit E - Pomerantz Firm Resume)(Pafiti, Jennifer) (Filed on 7/29/2024) |
| Filing 30 Certificate of Interested Entities by Brent Ellacott re #28 First MOTION to Appoint Lead Plaintiff and Lead Counsel (Jasnoch, John) (Filed on 7/29/2024) |
| Filing 29 CERTIFICATE of Counsel re #28 First MOTION to Appoint Lead Plaintiff and Lead Counsel by John T. Jasnoch on behalf of Brent Ellacott (Jasnoch, John) (Filed on 7/29/2024) |
| Filing 28 First MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Brent Ellacott. Motion Hearing set for 9/5/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/12/2024. Replies due by 8/19/2024. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Ex. A - Bialic Notice, #4 Exhibit Ex. B - Hayes Notice, #5 Exhibit Ex. C - Ellacott Certification, #6 Exhibit Ex. D - Ellacott Loss Chart, #7 Exhibit Ex. E - Ellacott Declaration, #8 Exhibit Ex. F - Firm Resume)(Jasnoch, John) (Filed on 7/29/2024) |
| Filing 27 CERTIFICATE of Counsel by Charles Henry Linehan on behalf of Lon D. Praytor (Linehan, Charles) (Filed on 7/29/2024) |
| Filing 26 Certificate of Interested Entities by Lon D. Praytor (Linehan, Charles) (Filed on 7/29/2024) |
| Filing 25 Declaration of Charles H. Linehan in Support of #24 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byLon D. Praytor. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - GPM Firm Resume)(Related document(s) #24 ) (Linehan, Charles) (Filed on 7/29/2024) |
| Filing 24 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Lon D. Praytor. Motion Hearing set for 9/5/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/12/2024. Replies due by 8/19/2024. (Attachments: #1 Proposed Order)(Linehan, Charles) (Filed on 7/29/2024) |
| Filing 23 Certificate of Interested Entities by Richard S. Koenig Jr. re #21 MOTION to Appoint Lead Plaintiff and Lead Counsel (Apton, Adam) (Filed on 7/29/2024) |
| Filing 22 CERTIFICATE of Counsel re #21 MOTION to Appoint Lead Plaintiff and Lead Counsel by Adam Marc Apton on behalf of Richard S. Koenig Jr. (Apton, Adam) (Filed on 7/29/2024) |
| Filing 21 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Richard S. Koenig Jr.. Motion Hearing set for 9/5/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/12/2024. Replies due by 8/19/2024. (Attachments: #1 Declaration of Adam M. Apton, #2 Exhibit A- PSLRA Certification, #3 Exhibit B- Loss Chart, #4 Exhibit C- PSLRA Notice, #5 Exhibit D- Movant Declaration, #6 Exhibit E- Firm Resume, #7 Proposed Order)(Apton, Adam) (Filed on 7/29/2024) |
| Filing 20 Certificate of Interested Entities by Daniel C. Smith re #17 MOTION to Appoint Lead Plaintiff and Lead Counsel (Rosen, Laurence) (Filed on 7/29/2024) |
| Filing 19 CERTIFICATE of Counsel re #17 MOTION to Appoint Lead Plaintiff and Lead Counsel by Laurence Matthew Rosen on behalf of Daniel C. Smith (Rosen, Laurence) (Filed on 7/29/2024) |
| Filing 18 Declaration of Laurence M. Rosen in Support of #17 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byDaniel C. Smith. (Attachments: #1 Exhibit 1-PSLRA Notice, #2 Exhibit 2-PSLRA Certification, #3 Exhibit Exhibit 3-Loss Chart, #4 4-Firm Resume)(Related document(s) #17 ) (Rosen, Laurence) (Filed on 7/29/2024) |
| Filing 17 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Daniel C. Smith. Motion Hearing set for 9/5/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/12/2024. Replies due by 8/19/2024. (Attachments: #1 Proposed Order)(Rosen, Laurence) (Filed on 7/29/2024) |
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Filing 16
ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CONTINUING CASE MANAGEMENT DEADLINES. Signed by Judge James Donato on 7/29/2024. (jdlc3, COURT STAFF) (Filed on 7/29/2024)
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Filing 15
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 10/17/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 10/10/2024. Signed by Judge James Donato on 7/29/2024. (lrc, COURT STAFF) (Filed on 7/29/2024)
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| Filing 14 STIPULATION WITH PROPOSED ORDER Extending Time to Respond to Complaint and Continuing Case Management Deadlines filed by Enphase Energy, Inc., Badrinarayanan Kothandaraman, Mandy Yang. (Attachments: #1 Declaration of Daniel R. Gherardi)(Gherardi, Daniel) (Filed on 7/26/2024) |
| Filing 13 Certificate of Interested Entities by Enphase Energy, Inc., Badrinarayanan Kothandaraman, Mandy Yang (Smith, Colleen) (Filed on 7/26/2024) |
| Filing 12 Rule 7.1 Disclosures by Enphase Energy, Inc. identifying Other Affiliate BlackRock, Inc. for Enphase Energy, Inc.. (Smith, Colleen) (Filed on 7/26/2024) |
| Filing 11 NOTICE of Appearance by Daniel Robert Gherardi on behalf of Defendants Enphase Energy, Inc., Badrinarayanan Kothandaraman, and Mandy Yang (Gherardi, Daniel) (Filed on 7/26/2024) |
| Filing 10 NOTICE of Appearance by Colleen Carlton Smith on behalf of Defendants Enphase Energy, Inc., Badrinarayanan Kothandaraman, and Mandy Yang (Smith, Colleen) (Filed on 7/26/2024) |
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Filing 9
ORDER REASSIGNING CASE.Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by The Clerk on 07/26/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(kxo, COURT STAFF) (Filed on 7/26/2024)
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| Filing 8 Summons Issued as to Enphase Energy, Inc., Badrinarayanan Kothandaraman, Mandy Yang. (mcl, COURT STAFF) (Filed on 7/26/2024) |
| Filing 7 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 7/25/2024) |
| Filing 6 Proposed Summons. (Burke, Timothy) (Filed on 7/25/2024) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wayne Hayes.. (Burke, Timothy) (Filed on 7/25/2024) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/8/2024. Initial Case Management Conference set for 10/15/2024 01:30 PM in Oakland, - Videoconference Only. (mcl, COURT STAFF) (Filed on 7/16/2024) |
| Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/30/2024. (as, COURT STAFF) (Filed on 7/16/2024) |
| Filing 2 Certificate of Interested Entities by Wayne Hayes (Burke, Timothy) (Filed on 7/16/2024) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405, receipt number ACANDC-19619832.). Filed by Wayne Hayes. (Attachments: #1 Civil Cover Sheet)(Burke, Timothy) (Filed on 7/15/2024) |
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