Roberts v. Bloom Energy Corporation et al
Plaintiff: Elissa M. Roberts, James Everett Hunt, Juan Rodriguez, Michael Bolouri, Andrew Austin, Ryan Fishman, Joel White, Kurt Voutaz and Scott Kline
Defendant: Scott Sandell, Mary A. Ayotte, Eddy Zervigon, KR Sridhar, Colin L. Powell, Bloom Energy Corporation, L. John Doerr, Randy Furr, Peter Teti, Mary K. Bush, Kelly A. Ayotte, J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, Credit Suisse Securities (USA) LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Robert W. Baird & Co. Incorporated, Cowen and Company, LLC, HSBC Securities (USA) Inc., Oppenheimer & Co. Inc., Raymond James & Associates, Inc. and PricewaterhouseCoopers LLP
Petitioner: Cecil W. Forsberg and Ronald M. Kruse
Case Number: 4:2019cv02935
Filed: May 28, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Haywood S Gilliam
Referring Judge: William H Orrick
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2023 Opinion or Order Filing 246 ORDER by Judge Haywood S. Gilliam, Jr. ORDER AS MODIFIED GRANTING #244 JOINT ADMINISTRATIVE MOTION TO FILE OPT-OUT AGREEMENT UNDER SEAL. (ndr, COURT STAFF) (Filed on 10/31/2023) Modified on 10/31/2023 to correct spacing (ndr, COURT STAFF).
October 31, 2023 Opinion or Order Filing 245 ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #237 MOTION FOR PRELIMINARY APPROVAL. Motions (stipulation and proposed order) due by 11/7/2023. (ndr, COURT STAFF) (Filed on 10/31/2023)
October 30, 2023 Opinion or Order Filing 244 Joint Administrative Motion to File Under Seal Opt-Out Agreement filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Attachments: #1 Exhibit 1-Declaration, #2 Exhibit 2- Proposed Order, #3 Exhibit 3- Under Seal)(Brody, Sara) (Filed on 10/30/2023)
October 27, 2023 Opinion or Order Filing 243 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file the separate, supplemental opt-out agreement that provides Bloom the option to terminate the settlement based on the number of aggregate requests for exclusion. The parties shall file the agreement provisionally under seal by 3:00 p.m. on Monday, October 30, 2023, for the Court's review. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 10/27/2023)
October 10, 2023 Opinion or Order Filing 242 RESPONSE re #237 MOTION for Settlement Preliminary Approval, 241 Motion Hearing,,, Joint Submission Regarding Cy Pres Recipient by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. (McCall, Adam) (Filed on 10/10/2023)
October 5, 2023 Opinion or Order Filing 241 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 10/5/2023. Total Time in Court: 18 Minutes. Court Reporter: Lee-Ann Shortridge. Plaintiff Attorney: Nicolas Porritt. Defendant Attorney: Robert O'Leary; Sara Brody; and Robin Wechkin. Motion for preliminary approval of proposed settlement (docket no. #237 ) is argued by the parties. Counsel are directed to e-file by a week from Friday (October 13, 2023) a supplemental declaration regarding the parties proposed cy pres recipient. The motion will be deemed submitted on the papers once the supplemental declaration is e-filed on the docket. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 10/5/2023)
July 26, 2023 Opinion or Order Filing 240 NOTICE of Change In Counsel by Reed R. Kathrein (Kathrein, Reed) (Filed on 7/26/2023)
July 7, 2023 Opinion or Order Filing 239 Certificate of Interested Entities by Credit Suisse Securities (USA) LLC identifying Corporate Parent UBS AG, Corporate Parent Credit Suisse AG, Corporate Parent Credit Suisse Holdings (USA), Inc., Corporate Parent Credit Suisse (USA), Inc. for Credit Suisse Securities (USA) LLC. re #96 Certificate of Interested Entities,,,,,,,, (Shimada, Charlene) (Filed on 7/7/2023)
July 3, 2023 Opinion or Order Filing 238 CLERK'S NOTICE TE DOCKET NO. #237 . Counsel indicated that the hearing will be held in-person or via Zoom. All civil law and motion hearings are held in- person. Zoom is only an option with Court approval. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/3/2023)
June 30, 2023 Opinion or Order Filing 237 MOTION for Settlement Preliminary Approval filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. Motion Hearing set for 10/5/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/14/2023. Replies due by 7/21/2023. (Attachments: #1 Declaration of Nicholas I. Porritt, #2 Declaration of Adam C. McCall, #3 Exhibit 1 - Stipulation of Settlement, #4 Exhibit A - Proposed Preliminary Approval Order, #5 Exhibit A-1 - Notice, #6 Exhibit A-2 - Claim Form, #7 Exhibit A-3 Summary Notice, #8 Exhibit A-4 Postcard Notice, #9 Exhibit B - Proposed Final Judgment, #10 Exhibit C - Corrected Second Amended Complaint, #11 Exhibit D - Corrected Second Amended Complaint Redline, #12 Exhibit E - State Court Action Complaint, #13 Exhibit F - State Court Action Stay Order, #14 Exhibit G - Cornerstone Report, #15 Exhibit H - NERA Report, #16 Declaration of Susanna Webb)(Porritt, Nicholas) (Filed on 6/30/2023)
June 22, 2023 Opinion or Order Filing 236 ORDER GRANTING #235 STIPULATION TO EXTEND CASE DEADLINES BY 14 DAYS. Motions or Status Report due by 7/5/2023. Signed by Judge Haywood S. Gilliam, Jr. on 6/22/2023. (ndr, COURT STAFF) (Filed on 6/22/2023)
June 21, 2023 Opinion or Order Filing 235 STIPULATION WITH PROPOSED ORDER re #234 Order on Stipulation TO EXTEND CASE DEADLINES BY 14 DAYS filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Henry, Matthew) (Filed on 6/21/2023)
June 8, 2023 Opinion or Order Filing 234 ORDER by Judge Haywood S. Gilliam, Jr. Granting #233 Stipulation to Extend Case Deadlines by 14 Days. Motions /Status Report due by 6/21/2023. (ndr, COURT STAFF) (Filed on 6/8/2023)
June 7, 2023 Opinion or Order Filing 233 STIPULATION WITH PROPOSED ORDER re #232 Order on Stipulation Joint to Extend Case Deadlines by 14 Days filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Henry, Matthew) (Filed on 6/7/2023)
May 18, 2023 Opinion or Order Filing 232 Order by Judge Haywood S Gilliam, Jr granting #231 Stipulation to Extend Case Deadlines. Motion for Preliminary approval of Settlement or Joint Status Report due by 6/7/2023.(ec, COURT STAFF) (Filed on 5/18/2023)
May 17, 2023 Opinion or Order Filing 231 STIPULATION WITH PROPOSED ORDER re #229 Order on Stipulation Joint to Extend Case Deadlines by 21 Days filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Henry, Matthew) (Filed on 5/17/2023)
April 28, 2023 Opinion or Order Filing 230 NOTICE of Change In Counsel by Lisa R. Bugni as to Kenneth Y. Turnbull (Bugni, Lisa) (Filed on 4/28/2023)
April 17, 2023 Opinion or Order Filing 229 ORDER by Judge Haywood S. Gilliam, Jr. Granting #228 Stipulation TO EXTEND CASE DEADLINES BY 30 DAYS. Motions / Status Report due by 5/17/2023. (ndr, COURT STAFF) (Filed on 4/17/2023)
April 17, 2023 Opinion or Order Filing 228 STIPULATION WITH PROPOSED ORDER TO EXTEND CASE DEADLINES BY 30 DAYS filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. (McCall, Adam) (Filed on 4/17/2023)
April 3, 2023 Opinion or Order Filing 227 Supplemental Disclosure Statement (F.R.C.P. 7.1) and Certification of Interested Entities or Persons (L.R. 3-15) of Defendant Cowen and Company, LLC identifying Corporate Parent TD Group US Holdings LLC, Corporate Parent Cowen Inc., Corporate Parent The Toronto-Dominion Bank, a Canadian-chartered bank, Corporate Parent Toronto Dominion Holdings (U.S.A.), Inc. for Cowen and Company, LLC. re #96 Certificate of Interested Entities, (Shimada, Charlene) (Filed on 4/3/2023)
March 21, 2023 Opinion or Order Filing 226 ORDER GRANTING #225 STIPULATION in Response to Order to Show Cause.*DOCKET NOS. #183 AND #196 ARE TERMINATED.* Signed by Judge Haywood S. Gilliam, Jr. on 3/21/2023. (ndr, COURT STAFF) (Filed on 3/21/2023)
March 20, 2023 Opinion or Order Filing 225 STIPULATION WITH PROPOSED ORDER re 224 Order,,, in Response to Order to Show Cause filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. (McCall, Adam) (Filed on 3/20/2023)
March 16, 2023 Opinion or Order Filing 224 ORDER by Hon. Haywood S. Gilliam, Jr. The Court understands from Dkt. No. #222 the joint stipulation to extend case deadlines that the parties are still working to finalize the written settlement agreement in this case. The Court DIRECTS the parties TO SHOW CAUSE why Dkt. No. #183 the pending motion for class certification and Dkt. No. #196 the motion for joinder in the opposition to the motion for class certification should not be terminated as moot, without prejudice to renewal if the parties' proposed settlement does not receive final approval. The parties shall file a statement of two pages or less by March 20, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 3/16/2023)
March 16, 2023 Opinion or Order Filing 223 ORDER by Judge Haywood S. Gilliam, Jr. Granting #222 STIPULATION and to Extend Case Deadlines Re Docket No. #219 . Motions or Status Report due by 4/17/2023. (ndr, COURT STAFF) (Filed on 3/16/2023)
March 16, 2023 Opinion or Order Filing 222 Joint STIPULATION and [Proposed] Order to Extend Case Deadlines re #219 Order on Stipulation filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Dolan, Matthew) (Filed on 3/16/2023)
March 16, 2023 Opinion or Order Set Deadline, See Docket No. 224 : Show Cause Response due by 3/20/2023. (ndr, COURT STAFF) (Filed on 3/16/2023)
March 10, 2023 Opinion or Order Filing 221 Bloom's OPPOSITION To Plaintiffs' Motion For Class Certification [unsealed version pursuant to Order Dkt. No. 220] (re #183 MOTION to Certify Class) filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Attachments: #1 Exhibit 5)(Brody, Sara) (Filed on 3/10/2023)
March 9, 2023 Opinion or Order Filing 220 ORDER by Judge Haywood S. Gilliam, Jr. DENYING #193 ADMINISTRATIVE MOTION TO SEAL. (ndr, COURT STAFF) (Filed on 3/9/2023)
February 14, 2023 Opinion or Order Filing 219 ORDER by Judge Haywood S. Gilliam, Jr. Granting #217 Stipulation. Motions or Status Report due by 3/16/2023. (ndr, COURT STAFF) (Filed on 2/14/2023)
February 14, 2023 Opinion or Order Filing 218 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #217 . The Judge's name is Haywood S. Gilliam, Jr. In the future, the signature line of all proposed orders submitted should include Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 2/14/2023)
February 14, 2023 Opinion or Order Filing 217 Joint STIPULATION WITH PROPOSED ORDER To Extend Case Deadlines By 30 Days re #216 Order on Stipulation filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. (McCall, Adam) (Filed on 2/14/2023)
January 11, 2023 Opinion or Order Filing 216 ORDER by Judge 1/11/2023 Granting #215 STIPULATION TO STAY PROCEEDINGS AND VACATE HEARINGS PENDING SETTLEMENT APPROVAL. Motions or Status Report due by 2/14/2023. (ndr, COURT STAFF) (Filed on 1/11/2023)
January 10, 2023 Opinion or Order Filing 215 Joint Notice of Settlement and STIPULATION and [PROPOSED] ORDER to Stay Proceedings and Vacate Hearings Pending Settlement Approval filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Attachments: #1 Declaration of Matthew J. Dolan)(Dolan, Matthew) (Filed on 1/10/2023)
January 6, 2023 Opinion or Order Filing 214 NOTICE of Change In Counsel by Matthew James Dolan (Dolan, Matthew) (Filed on 1/6/2023)
December 5, 2022 Opinion or Order Set Hearing, See Docket No. 213 . Further Case Management Conference set for 1/17/2023 02:00 PM. The 1/17 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndr, COURT STAFF) (Filed on 12/5/2022)
December 5, 2022 Opinion or Order Filing 213 ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING Dkt. No. #211 the parties' joint request for a case management conference. The Court SETS a telephonic case management conference on January 17, 2023, at 2:00 p.m. The Court further DIRECTS the parties to submit a joint case management statement by January 10, 2023. All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929;Passcode: 6064255For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 12/5/2022)
December 5, 2022 Opinion or Order Filing 212 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #211 . In the future, if your filing requires Court approval it should be e-filed as a request or motion not a notice and it should be accompanied by a proposed order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 12/5/2022)
December 2, 2022 Opinion or Order Filing 211 Joint Request for Case Management Conference by Sara B. Brody (Brody, Sara) (Filed on 12/2/2022) Modified on 12/5/2022 to edit docket and add gavel (ndr, COURT STAFF).
July 18, 2022 Opinion or Order Filing 210 ORDER by Judge Haywood S. Gilliam, Jr. Granting #209 Motion for Pro Hac Vice for Weiss, Max. (ndr, COURT STAFF) (Filed on 7/18/2022)
July 18, 2022 Opinion or Order Filing 209 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17358672.) filed by Andrew Austin, Michael Bolouri, Ryan Fishman, James Everett Hunt, Scott Kline, Elissa M. Roberts, Juan Rodriguez, Kurt Voutaz, Joel White. (Weiss, Max) (Filed on 7/18/2022)
July 15, 2022 Opinion or Order Filing 208 ORDER by Hon. Haywood S. Gilliam, Jr. TERMINATING AS MOOT Dkt. No. #179 motion for joinder in light of Dkt. No. #188 the Court's order denying the motion to certify order for interlocutory appeal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 7/15/2022)
July 14, 2022 Opinion or Order Filing 207 NOTICE of Appearance by Stephen H Tang FOR DEFENDANTS BLOOM ENERGY CORPORATION, KR SRIDHAR, RANDY FURR, L. JOHN DOERR, SCOTT SANDELL, EDDY ZERVIGON, PETERTETI, MARY K. BUSH, AND KELLY A. AYOTTE (Tang, Stephen) (Filed on 7/14/2022)
July 14, 2022 Opinion or Order Filing 206 NOTICE of Appearance by Matthew James Dolan For Defendants Bloom Energy Corporation, KR Sridhar, Randy Furr, L. John Doerr, Scott Sandell, Eddy Zervigon, Peter Teti, Mary K. Bush, and Kelly A. Ayotte (Dolan, Matthew) (Filed on 7/14/2022)
July 14, 2022 Opinion or Order Filing 205 NOTICE of Appearance by Matthew Patrick Henry For Defendants Bloom Energy Corporation, KR Sridhar, Randy Furr, L. John Doerr, Scott Sandell, Eddy Zervigon, Peter Teti, Mary K. Bush, and Kelly A. Ayotte (Henry, Matthew) (Filed on 7/14/2022)
July 14, 2022 Opinion or Order Filing 204 RESPONSE re 201 Motion Hearing,,, Set Deadlines,, JOINT SUBMISSION REGARDING CLASS DEFINITION by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. (McCall, Adam) (Filed on 7/14/2022)
July 12, 2022 Opinion or Order Filing 203 Transcript of Proceedings held on 06/30/2022, before Judge Gilliam. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #202 Transcript Order, ) Redaction Request due 8/2/2022. Redacted Transcript Deadline set for 8/12/2022. Release of Transcript Restriction set for 10/11/2022. (Related documents(s) #202 ) (Batalo, Pam) (Filed on 7/12/2022)
July 7, 2022 Opinion or Order Filing 202 TRANSCRIPT ORDER for proceedings held on 06/30/2022 before Judge Haywood S Gilliam, Jr by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon, for Court Reporter: Pamela Batalo-Hebel. (Brody, Sara) (Filed on 7/7/2022) Modified on 7/7/2022 (nap, COURT STAFF).
June 30, 2022 Opinion or Order Filing 201 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 6/30/2022. Total Time in Court: 34 minutes. Court Reporter: Pamela Batalo-Hebel. Plaintiff Attorney: Adam McCall. Defendant Attorney: Robin Wechkin. Motion to certify class (docket no. 183) is argued. Parties are directed to meet and confer and e-file by July 14, 2022, a joint filing proposing a revised class definition as discussed on the record. The Court will take the motion under submission once the joint filing is submitted. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Date Filed: 6/30/2022)
June 28, 2022 Opinion or Order Filing 200 ORDER by Judge Haywood S. Gilliam, Jr. Granting #199 Proposed STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION.(ndr, COURT STAFF) (Filed on 6/28/2022)
June 27, 2022 Opinion or Order Filing 199 STIPULATION WITH PROPOSED ORDER STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. (Apton, Adam) (Filed on 6/27/2022)
June 15, 2022 Opinion or Order Filing 198 REPLY (re #183 MOTION to Certify Class ) filed byAndrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. (Attachments: #1 Declaration of Adam C. McCall in further support, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12)(Apton, Adam) (Filed on 6/15/2022)
May 24, 2022 Opinion or Order Filing 197 Statement re #193 Administrative Motion to File Under Seal Another Party's Material by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. (Apton, Adam) (Filed on 5/24/2022)
May 16, 2022 Opinion or Order Filing 196 MOTION for Joinder Underwriter Defendants' Joinder in Bloom's Opposition to Plaintiffs' Motion for Class Certification filed by Cowen and Company, LLC, Credit Suisse Securities (USA) LLC, HSBC Securities (USA) Inc., J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Oppenheimer & Co. Inc., Raymond James & Associates, Inc., Robert W. Baird & Co. Incorporated. (Shimada, Charlene) (Filed on 5/16/2022)
May 16, 2022 Opinion or Order Filing 195 Declaration of Robin Wechkin in Support of #194 Opposition/Response to Motion, #183 Plaintiffs' Motion for Class Certification filed byKelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Related document(s) #194 ) (Brody, Sara) (Filed on 5/16/2022) Modified on 5/18/2022 (ark, COURT STAFF). Modified on 5/24/2022 (ark, COURT STAFF).
May 16, 2022 Opinion or Order Filing 194 OPPOSITION/RESPONSE (re #183 MOTION to Certify Class ) filed byKelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 5/16/2022) Modified on 5/18/2022 (ark, COURT STAFF). Modified on 5/24/2022 (ark, COURT STAFF).
May 16, 2022 Opinion or Order Filing 193 Administrative Motion to File Under Seal Another Party's Material filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Attachments: #1 Bloom's Opposition to Class Cert PUBLIC, #2 Exhibit 5- PUBLIC, #3 Bloom's Opposition to Class Cert UNDER SEAL, #4 Exhibit 5- UNDER SEAL)(Brody, Sara) (Filed on 5/16/2022) Modified on 5/18/2022 (ark, COURT STAFF). Modified on 5/24/2022 (ark, COURT STAFF).
May 2, 2022 Opinion or Order Filing 192 ORDER by Judge Haywood S. Gilliam, Jr. Granting #191 Stipulation Modifying Schedule for Class Certification Briefing. (ndr, COURT STAFF) (Filed on 5/2/2022)
May 2, 2022 Opinion or Order Reset Deadlines as to #183 MOTION to Certify Class, See Docket No. #192 : Responses due by 5/16/2022 and Replies due by 6/15/2022. (ndr, COURT STAFF) (Filed on 5/2/2022)
April 29, 2022 Opinion or Order Filing 191 STIPULATION WITH PROPOSED ORDER re #175 Case Management Scheduling Order,,,, Set Deadlines/Hearings,,,, Terminate Motions,,, Modifying Schedule for Class Certification Briefing filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 4/29/2022)
April 22, 2022 Opinion or Order Filing 190 ORDER by Judge Haywood S. Gilliam, Jr. Granting #189 Proposed Stipulated Protective Order. (ndr, COURT STAFF) (Filed on 4/22/2022)
April 21, 2022 Opinion or Order Filing 189 STIPULATION WITH PROPOSED ORDER STIPULATED [PROPOSED] PROTECTIVE ORDER filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. (Apton, Adam) (Filed on 4/21/2022)
April 14, 2022 Opinion or Order Filing 188 ORDER by Judge Haywood S. Gilliam, Jr. DENYING #170 MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL. (ndr, COURT STAFF) (Filed on 4/14/2022)
April 13, 2022 Opinion or Order Filing 187 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #170 motion for leave to appeal filings under submission. The hearing scheduled for April 14, 2022 at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/13/2022)
April 5, 2022 Opinion or Order Filing 186 NOTICE of Appearance by Wesley Aaron Wong (Wong, Wesley) (Filed on 4/5/2022)
March 31, 2022 Opinion or Order Filing 185 NOTICE of Change In Counsel by Reed R. Kathrein (Kathrein, Reed) (Filed on 3/31/2022)
March 24, 2022 Opinion or Order Filing 184 CLERK'S NOTICE RE DOCKET NO. #170 . Notice is hereby given that the hearing on the motion set for April 14, 2022 will be held in-person before Judge Haywood S. Gilliam, Jr. in Oakland, Courtroom 2, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 3/24/2022)
March 18, 2022 Opinion or Order Filing 183 MOTION to Certify Class filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Juan Rodriguez, Kurt Voutaz, Joel White. Motion Hearing set for 6/30/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/2/2022. Replies due by 6/1/2022. (Attachments: #1 Declaration of Adam C. McCall, #2 Exhibit 1 - Hunt Decl., #3 Exhibit 2 - Rodriguez Decl., #4 Exhibit 3 - Voutaz Decl., #5 Exhibit 4 - White Decl., #6 Exhibit 5 - Austin Decl., #7 Exhibit 6 - Fishman Decl., #8 Exhibit 7 - Levi & Korsinsky LLP firm resume, #9 Exhibit 8 - Hagens Berman Sobol Shapiro LLP firm resume, #10 Proposed Order)(Apton, Adam) (Filed on 3/18/2022)
February 4, 2022 Opinion or Order Filing 182 ANSWER to Amended Complaint for Violations of the Federal Securities Laws byCowen and Company, LLC, Credit Suisse Securities (USA) LLC, HSBC Securities (USA) Inc., J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Oppenheimer & Co. Inc., Raymond James & Associates, Inc., Robert W. Baird & Co. Incorporated. (Shimada, Charlene) (Filed on 2/4/2022)
February 4, 2022 Opinion or Order Filing 181 ANSWER to Amended Complaint PLAINTIFFS SECOND AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS byKelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 2/4/2022)
February 4, 2022 Opinion or Order Filing 180 REPLY (re #170 MOTION for Leave to Appeal ) in Further Support of filed byAndrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Apton, Adam) (Filed on 2/4/2022)
January 21, 2022 Opinion or Order Filing 179 MOTION for Joinder UNDERWRITER DEFENDANTS' JOINDER IN DEFENDANT PRICEWATERHOUSECOOPERS LLP'S OPPOSITION TO PLAINTIFFS' 1292(B) MOTION AND BLOOM DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO CERTIFY UNDER SECTION 1292(B) filed by Cowen and Company, LLC, Credit Suisse Securities (USA) LLC, HSBC Securities (USA) Inc., J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Oppenheimer & Co. Inc., Raymond James & Associates, Inc., Robert W. Baird & Co. Incorporated. (Shimada, Charlene) (Filed on 1/21/2022)
January 21, 2022 Opinion or Order Filing 178 OPPOSITION/RESPONSE (re #170 MOTION for Leave to Appeal ) filed byPricewaterhouseCoopers LLP. (Bugni, Lisa) (Filed on 1/21/2022)
January 21, 2022 Opinion or Order Filing 177 OPPOSITION/RESPONSE (re #170 MOTION for Leave to Appeal ) Bloom Defendants' Opposition to Plaintiffs' Motion to Certify Under Section 1292(B) filed byKelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 1/21/2022)
January 10, 2022 Opinion or Order Filing 176 STIPULATION of Voluntary Dismissal as to General Colin L. Powell pursuant to Federal Rule of Civil Procedure 41(a)(1) filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Apton, Adam) (Filed on 1/10/2022)
January 5, 2022 Opinion or Order Filing 175 SCHEDULING ORDER. Signed by Judge Haywood S. Gilliam, Jr. on 1/5/2022. Close of Fact Discovery due by 12/2/2022; Motions due by 3/18/2022; Responses due by 5/2/2022; Replies due by 6/1/2022; Opening Reports due by 1/18/2023; Rebuttal Reports due by 3/20/2023; Close of Expert Discovery due by 4/19/2023; Motion Hearing set for 6/30/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 10/31/2023 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; and Jury Selection /Jury Trial (7-day) set for 12/4/2023 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. *This order terminates docket no. #171 .* (ndr, COURT STAFF) (Filed on 1/5/2022)
January 5, 2022 Opinion or Order Set Additional Deadlines/Hearing, See Docket No. #175 : Motions due by 5/19/2023; Responses due by 6/20/2023; Replies due by 7/20/2023; and Motion Hearing set for 8/3/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 1/5/2022)
December 28, 2021 Opinion or Order Filing 174 NOTICE of Change In Counsel by Lisa R. Bugni as to James P. Cusick (Bugni, Lisa) (Filed on 12/28/2021)
December 28, 2021 Opinion or Order Filing 173 ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING Dkt. No. #172 the parties' stipulation regarding the briefing schedule on Dkt. No. #170 Plaintiffs' motion to certify order for interlocutory appeal. The Court finds that there is good cause to modify the briefing schedule. Accordingly, Defendants shall respond to the motion on or before January 21, 2022, and Lead Plaintiff shall file the reply in support of the motion on or before February 4, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 12/28/2021)
December 27, 2021 Opinion or Order Filing 172 STIPULATION WITH PROPOSED ORDER re #170 MOTION for Leave to Appeal Briefing Schedule filed by PricewaterhouseCoopers LLP. (Bugni, Lisa) (Filed on 12/27/2021)
December 21, 2021 Opinion or Order Filing 171 STIPULATION WITH PROPOSED ORDER Setting Revised Case Schedule filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 12/21/2021)
December 17, 2021 Opinion or Order Filing 170 MOTION for Leave to Appeal filed by James Everett Hunt. Motion Hearing set for 4/14/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 1/3/2022. Replies due by 1/10/2022. (Attachments: #1 Proposed Order)(Apton, Adam) (Filed on 12/17/2021)
December 14, 2021 Opinion or Order Filing 169 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 12/14/2021. Total Time in Court: 21 minutes. Not Reported. Plaintiff Attorney: Nicholas Porritt. Defendant Attorney: Sara Brody; Robin Wechkin; Charlene Shimada; and Robert O'Leary. Parties are directed to meet and confer and e-file within one week from today (December 21st) either a stipulation and proposed order setting a revised case schedule or a further case management statement proposing their individual case schedules, if there is no agreement. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 12/14/2021)
December 7, 2021 Opinion or Order Filing 168 JOINT CASE MANAGEMENT STATEMENT filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 12/7/2021)
December 1, 2021 Opinion or Order Filing 167 ORDER DENYING #160 MOTION FOR ENTRY OF JUDGMENT. Signed by Judge Haywood S. Gilliam, Jr. on 12/1/52021. *This order terminates docket no. #165 .*Initial Case Management Conference set for 12/14/2021 02:00 PM. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.(ndr, COURT STAFF) (Filed on 12/1/2021)
November 12, 2021 Opinion or Order Filing 166 REPLY (re #160 MOTION for Entry of Judgment under Rule 54(b) ) filed byAndrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Apton, Adam) (Filed on 11/12/2021)
November 5, 2021 Opinion or Order Filing 165 MOTION for Joinder in Defendant PricewaterhouseCoopers LLP's Opposition to Plaintiffs' Rule 54(b) Motion and Bloom Defendants' Response to Plaintiffs' Rule 54(b) Motion for Entry of Judgment in Favor of Pricewaterhousecoopers filed by Cowen and Company, LLC, Credit Suisse Securities (USA) LLC, HSBC Securities (USA) Inc., J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Oppenheimer & Co. Inc., Raymond James & Associates, Inc., Robert W. Baird & Co. Incorporated. (Papay, Kevin) (Filed on 11/5/2021)
November 5, 2021 Opinion or Order Filing 164 OPPOSITION/RESPONSE (re #160 MOTION for Entry of Judgment under Rule 54(b) ) filed byKelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 11/5/2021)
November 5, 2021 Opinion or Order Filing 163 OPPOSITION/RESPONSE (re #160 MOTION for Entry of Judgment under Rule 54(b) ) filed byPricewaterhouseCoopers LLP. (Bugni, Lisa) (Filed on 11/5/2021)
October 28, 2021 Opinion or Order Filing 162 NOTICE of Change of Address by Adam Marc Apton (Apton, Adam) (Filed on 10/28/2021)
October 26, 2021 Opinion or Order Filing 161 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 10/26/2021. Total Time in Court: 13 minutes. Not Reported. Plaintiff Attorney: Adam McCall and Nicholas Porritt. Defendant Attorney: Sara Brody; Robin Wechkin; Matt Dolin; and Charlene Shimada; Robert O'Leary; Lisa Bugni; and Kenneth Turnball. The Court advances the hearing on the motion for entry of judgment under Rule 54(b) (docket no. 160) to December 2, 2021 at 2 p.m. Parties are directed to meet and confer and e-file a stipulation and proposed order setting a revised briefing schedule on the motion for entry of judgment if the parties wish to deviate from the default briefing schedule. The Court sets a further case management conference for December 2, 2021 at 2 p.m. to be held with the hearing on the motion for entry of judgment. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 10/26/2021)
October 22, 2021 Opinion or Order Filing 160 MOTION for Entry of Judgment under Rule 54(b) filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. Motion Hearing set for 3/3/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/5/2021. Replies due by 11/12/2021. (Attachments: #1 Proposed Final Judgment)(Apton, Adam) (Filed on 10/22/2021)
October 19, 2021 Opinion or Order Filing 159 JOINT CASE MANAGEMENT STATEMENT filed by Andrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Apton, Adam) (Filed on 10/19/2021)
October 13, 2021 Opinion or Order Filing 158 Letter from Lindsay Leveen, BSc Eng Chem, MBA, MS ChE. (arkS, COURT STAFF) (Filed on 10/13/2021)
September 29, 2021 Opinion or Order Filing 157 ORDER GRANTING IN PART AND DENYING IN PART ( #127 , #129 , #130 ) MOTIONS TO DISMISS.. Signed by Judge Haywood S. Gilliam, Jr. on 9/29/2021. Amended Pleadings due by 10/20/2021; Case Management Statement due by 10/19/2021; and Initial Case Management Conference set for 10/26/2021 02:00 PM. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 9/29/2021)
March 26, 2021 Opinion or Order Filing 156 SUPPLEMENTAL DISCLOSURE STATEMENT (F.R.C.P. 7.1) AND CERTIFICATION OF INTERESTED ENTITIES OR PERSONS (L.R. 3-15) OF DEFENDANT J.P. MORGAN SECURITIES LLC by J.P. Morgan Securities LLC identifying Corporate Parent JPMorgan Chase & Co., Corporate Parent J.P. Morgan Broker-Dealer Holdings Inc. for J.P. Morgan Securities LLC. re #96 Certificate of Interested Entities (Shimada, Charlene) (Filed on 3/26/2021) Modified on 3/29/2021 (bnsS, COURT STAFF).
March 23, 2021 Opinion or Order Filing 155 ORDER by Judge Haywood S. Gilliam, Jr. DENYING #128 MOTION TO STRIKE. (ndrS, COURT STAFF) (Filed on 3/23/2021)
November 25, 2020 Opinion or Order Filing 154 ORDER by Hon. Haywood S. Gilliam, Jr. DENYING AS MOOT Dkt. No. #75 the motion to consolidate Roberts v. Bloom Energy, Case No. 19-2935, with Bolouri v. Bloom Energy, Case No. 19-7259. A notice of voluntary dismissal was filed in Bolouri v. Bloom Energy on December 11, 2019, and the case is now closed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 11/25/2020)
November 2, 2020 Opinion or Order Filing 153 Transcript of Proceedings held on 02/13/2020, before Judge Gilliam. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #148 Transcript Order, ) Redaction Request due 11/23/2020. Redacted Transcript Deadline set for 12/3/2020. Release of Transcript Restriction set for 2/1/2021. (Related documents(s) #148 ) (Batalo, Pam) (Filed on 11/2/2020)
October 27, 2020 Opinion or Order Filing 152 NOTICE of Appearance by Robert Henderson O'Leary (O'Leary, Robert) (Filed on 10/27/2020)
October 27, 2020 Opinion or Order Filing 151 NOTICE of Substitution of Counsel by Kevin M Papay (Papay, Kevin) (Filed on 10/27/2020)
October 21, 2020 Opinion or Order Filing 150 SEALED- (UNREDACTED VERSION) DENYING #44 MOTION TO LIMIT SCOPE OF CONFIDENTIALITY AGREEMENTAND GRANTING ( #80 , #87 ) MOTIONS TO SEAL. Signed by Judge Haywood S. Gilliam, Jr. on 10/21/2020. (ndrS, COURT STAFF) (Filed on 10/21/2020)
October 21, 2020 Opinion or Order Filing 149 ORDER by Judge Haywood S. Gilliam, Jr. DENYING #44 MOTION TO LIMIT SCOPE OF CONFIDENTIALITY AGREEMENTAND GRANTING ( #80 , #87 ) MOTIONS TO SEAL.(ndrS, COURT STAFF) (Filed on 10/21/2020)
October 21, 2020 Opinion or Order Filing 148 TRANSCRIPT ORDER for proceedings held on 02/13/2020 before Judge Haywood S Gilliam, Jr by Andrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White, for Court Reporter Pam Batalo. (Apton, Adam) (Filed on 10/21/2020)
October 13, 2020 Opinion or Order Filing 147 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending ( #127 , #129 , #130 , and [128} motions to dismiss and motion to strike filings under submission. The hearings previously scheduled for October 15th at 2:00 p.m. are vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 10/13/2020)
October 13, 2020 Opinion or Order Filing 146 CLERK'S NOTICE RE DOCKET NOS. #127 , #128 , and #129 . Notice is hereby given that the hearings on the motions to dismiss and the motion to strike previously set for October 15th will be held telephonically. (This is a text-only entry generated by the court. There is no document associated with this entry.). This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 10/13/2020)
September 16, 2020 Opinion or Order Filing 145 Defendants' Reply in Support of Motion to Dismiss(re #130 MOTION to Dismiss Section 11 Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint ) filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 9/16/2020) Modified on 9/17/2020 (bnsS, COURT STAFF).
September 16, 2020 Opinion or Order Filing 144 Defendants' Reply in Support of Motion to Dismiss(re #129 MOTION to Dismiss Section 10(B) Defendants Motion to Dismiss Plaintiffs Second Amended Complaint ) filed by Bloom Energy Corporation, Randy Furr, KR Sridhar. (Brody, Sara) (Filed on 9/16/2020) Modified on 9/17/2020 (bnsS, COURT STAFF).
September 16, 2020 Opinion or Order Filing 143 REPLY (re #127 MOTION to Dismiss Second Amended Complaint ) filed byPricewaterhouseCoopers LLP. (Bugni, Lisa) (Filed on 9/16/2020)
September 14, 2020 Opinion or Order Filing 142 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byAndrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Attachments: #1 Exhibit A - LYFT Decision)(Related document(s) #138 , #139 , #140 ) (Apton, Adam) (Filed on 9/14/2020)
August 17, 2020 Opinion or Order Filing 141 Request for Judicial Notice re #138 Opposition/Response to Motion,, #139 Opposition/Response to Motion, #140 Opposition/Response to Motion filed byAndrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Attachments: #1 Proposed Order)(Related document(s) #138 , #139 , #140 ) (Apton, Adam) (Filed on 8/17/2020)
August 17, 2020 Opinion or Order Filing 140 OPPOSITION/RESPONSE (re #127 MOTION to Dismiss Second Amended Complaint ) filed byAndrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Apton, Adam) (Filed on 8/17/2020)
August 17, 2020 Opinion or Order Filing 139 OPPOSITION/RESPONSE (re #129 MOTION to Dismiss Section 10(B) Defendants Motion to Dismiss Plaintiffs Second Amended Complaint ) filed byAndrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Apton, Adam) (Filed on 8/17/2020)
August 17, 2020 Opinion or Order Filing 138 OPPOSITION/RESPONSE (re #130 MOTION to Dismiss Section 11 Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint ) filed byAndrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Attachments: #1 Declaration of Adam M. Apton in Support of Plaintiffs' Oppositions to Defendants' Motions to Dismiss, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35)(Apton, Adam) (Filed on 8/17/2020)
July 22, 2020 Opinion or Order Filing 137 Defendants' Reply in Support of #128 Motion to Strike filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 7/22/2020) Modified on 7/23/2020 (cjlS, COURT STAFF).
July 22, 2020 Opinion or Order Filing 136 ORDER by Judge Haywood S. Gilliam, Jr. Granting #79 Motion for Pro Hac Vice as to of Robin E. Wechkin. (ndrS, COURT STAFF) (Filed on 7/22/2020)
July 15, 2020 Opinion or Order Filing 135 OPPOSITION/RESPONSE (re #128 MOTION to Strike #113 Amended Complaint,,, ) filed byAndrew Austin, Ryan Fishman, James Everett Hunt, Scott Kline, Juan Rodriguez, Kurt Voutaz, Joel White. (Attachments: #1 Declaration of Adam M. Apton, #2 Exhibit A)(Apton, Adam) (Filed on 7/15/2020)
July 7, 2020 Opinion or Order Filing 134 ORDER by Judge Haywood S. Gilliam, Jr. Granting #126 Motion for Pro Hac Vice Re: Kenneth Y. Turnbull. (ndrS, COURT STAFF) (Filed on 7/7/2020)
July 7, 2020 Opinion or Order Filing 133 ORDER by Judge Haywood S. Gilliam, Jr. Granting #125 Motion for Pro Hac Vice Re: James P. Cusick. (ndrS, COURT STAFF) (Filed on 7/7/2020)
July 2, 2020 Opinion or Order #Electronic filing error. REMINDER TO COUNSEL: In the future, please attach all supporting document and proposed orders to the Motion. No further action is necessary. Re: #131 Declaration in Support,,, filed by Kelly A. Ayotte, Scott Sandell, L. John Doerr, Eddy Zervigon, Colin L. Powell, KR Sridhar, Mary K. Bush, Peter Teti, Bloom Energy Corporation, Randy Furr, #130 MOTION to Dismiss Section 11 Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint filed by Kelly A. Ayotte, Scott Sandell, L. John Doerr, Eddy Zervigon, Colin L. Powell, Mary K. Bush, KR Sridhar, Peter Teti, Bloom Energy Corporation, Randy Furr (jmlS, COURT STAFF) (Filed on 7/2/2020)
July 1, 2020 Opinion or Order Filing 132 Request for Judicial Notice re #130 MOTION to Dismiss Section 11 Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint filed byKelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Related document(s) #130 ) (Brody, Sara) (Filed on 7/1/2020)
July 1, 2020 Opinion or Order Filing 131 Declaration of Robin E. Wechkin in Support of #130 MOTION to Dismiss Section 11 Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint filed byKelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26)(Related document(s) #130 ) (Brody, Sara) (Filed on 7/1/2020)
July 1, 2020 Opinion or Order Filing 130 MOTION to Dismiss Section 11 Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. Motion Hearing set for 10/15/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/17/2020. Replies due by 9/16/2020. (Attachments: #1 Proposed Order)(Brody, Sara) (Filed on 7/1/2020)
July 1, 2020 Opinion or Order Filing 129 MOTION to Dismiss Section 10(B) Defendants Motion to Dismiss Plaintiffs Second Amended Complaint filed by Bloom Energy Corporation, Randy Furr, KR Sridhar. Motion Hearing set for 10/15/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/17/2020. Replies due by 9/16/2020. (Attachments: #1 Proposed Order)(Brody, Sara) (Filed on 7/1/2020)
July 1, 2020 Opinion or Order Filing 128 MOTION to Strike #113 Amended Complaint,,, filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, Cowen and Company, LLC, Credit Suisse Securities (USA) LLC, L. John Doerr, Randy Furr, HSBC Securities (USA) Inc., J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Oppenheimer & Co. Inc., Colin L. Powell, PricewaterhouseCoopers LLP, Raymond James & Associates, Inc., Robert W. Baird & Co. Incorporated, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. Motion Hearing set for 10/15/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/15/2020. Replies due by 7/22/2020. (Attachments: #1 Proposed Order)(Brody, Sara) (Filed on 7/1/2020)
July 1, 2020 Opinion or Order Filing 127 MOTION to Dismiss Second Amended Complaint filed by PricewaterhouseCoopers LLP. Motion Hearing set for 10/15/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/17/2020. Replies due by 9/16/2020. (Attachments: #1 Proposed Order)(Bugni, Lisa) (Filed on 7/1/2020)
June 26, 2020 Opinion or Order Filing 126 MOTION for leave to appear in Pro Hac Vice Re: Kenneth Y. Turnbull (Filing fee $ 310, receipt number 0971-14626117) filed by PricewaterhouseCoopers LLP. (Attachments: #1 Certificate of Good Standing)(Turnbull, Kenneth) (Filed on 6/26/2020) Modified on 6/29/2020 (cjlS, COURT STAFF).
June 26, 2020 Opinion or Order Filing 125 MOTION for leave to appear in Pro Hac Vice Re: James P. Cusick (Filing fee $ 310, receipt number 0971-14626067) filed by PricewaterhouseCoopers LLP. (Attachments: #1 Certificate of Good Standing)(Cusick, James) (Filed on 6/26/2020) Modified on 6/29/2020 (cjlS, COURT STAFF).
June 25, 2020 Opinion or Order Filing 124 ORDER by Hon. Haywood S. Gilliam, Jr. DENYING Dkt. No. #123 . If the parties can demonstrate that their proposal will reduce repetition and promote efficiency in their briefing through coordination among the parties, the Court will consider a renewed stipulation regarding the page limits for the motions to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 6/25/2020)
June 24, 2020 Opinion or Order Filing 123 STIPULATION WITH [PROPOSED] ORDER regarding the Page Limits for Briefing on Defendants' Motions to Dismiss Lead Plaintiff's Second Amended Complaint filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon, James Everett Hunt. (Brody, Sara) (Filed on 6/24/2020) Modified on 6/25/2020 (cjlS, COURT STAFF).
May 18, 2020 Opinion or Order Filing 122 ORDER by Judge Haywood S. Gilliam, Jr. Granting #120 Stipulation Regarding Schedule for Defendants' Responses to Second Amended Complaint. Motions due by 7/1/2020; Replies due by 9/16/2020; and Responses due by 8/17/2020. (ndrS, COURT STAFF) (Filed on 5/18/2020)
May 15, 2020 Opinion or Order Filing 121 Certificate of Interested Entities and Disclosure Statement by PricewaterhouseCoopers LLP. (Bugni, Lisa) (Filed on 5/15/2020) Modified on 5/18/2020 (cjlS, COURT STAFF).
May 15, 2020 Opinion or Order Filing 120 STIPULATION WITH [PROPOSED] ORDER Regarding Schedule for Defendants' Responses to Second Amended Complaint filed by PricewaterhouseCoopers LLP, James Everett Hung. (Bugni, Lisa) (Filed on 5/15/2020) Modified on 5/18/2020 (cjlS, COURT STAFF).
May 15, 2020 Opinion or Order Filing 119 NOTICE of Appearance by Lisa R. Bugni (Bugni, Lisa) (Filed on 5/15/2020)
April 23, 2020 Opinion or Order Filing 118 Summons Issued as to PricewaterhouseCoopers LLP. (cjlS, COURT STAFF) (Filed on 4/23/2020)
April 23, 2020 Opinion or Order Filing 117 NOTICE of Appearance by Danielle Smith (Smith, Danielle) (Filed on 4/23/2020)
April 23, 2020 Opinion or Order Filing 116 NOTICE of Appearance by Lucas E. Gilmore (Gilmore, Lucas) (Filed on 4/23/2020)
April 23, 2020 Opinion or Order Filing 115 NOTICE of Appearance by Reed R. Kathrein (Kathrein, Reed) (Filed on 4/23/2020)
April 22, 2020 Opinion or Order Filing 114 Proposed Summons. (Apton, Adam) (Filed on 4/22/2020)
April 21, 2020 Opinion or Order Filing 113 SECOND AMENDED CLASS ACTION COMPLAINT (with jury demand) against Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, Cowen and Company, LLC, Credit Suisse Securities (USA) LLC, L. John Doerr, Randy Furr, HSBC Securities (USA) Inc., J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Oppenheimer & Co. Inc., Colin L. Powell, Raymond James & Associates, Inc., Robert W. Baird & Co. Incorporated, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon, PricewaterhouseCoopers LLP. Filed byJuan Rodriguez, James Everett Hunt, Andrew Austin, Ryan Fishman, Joel White, Kurt Voutaz, Scott Kline. (Apton, Adam) (Filed on 4/21/2020) Modified on 4/22/2020 (cjlS, COURT STAFF).
April 15, 2020 Opinion or Order Filing 112 ORDER by Judge Haywood S. Gilliam, Jr. Granting #111 Stipulation extending deadline to file amended complaint and responses. Amended Pleadings due by 4/21/2020; Motions due by 6/5/2020; Responses due by 7/20/2020 and Replies due by 8/19/2020. (ndrS, COURT STAFF) (Filed on 4/15/2020)
April 14, 2020 Opinion or Order Filing 111 STIPULATION WITH [PROPOSED] ORDER Extending Deadline to File Amended Complaint and Responses re #110 Order on Stipulation filed by James Everett Hunt, Juan Rodriguez, Elissa M. Roberts, Robert W. Baird & Co. Incorporated, Raymond James & Associates, Inc., Oppenheimer & Co. Inc., Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, KeyBanc Capital Markets Inc., J.P. Morgan Securities LLC, HSBC Securities (USA) Inc., Credit Suisse Securities (USA) LLC, Cowen and Company, LLC, Bloom Energy Corporation. (Apton, Adam) (Filed on 4/14/2020) Modified on 4/15/2020 (cjlS, COURT STAFF).
March 10, 2020 Opinion or Order Filing 110 ORDER by Judge Haywood S. Gilliam, Jr. Granting #109 Stipulation re Schedule for Amended Complaint and Defendants' Response. (ndrS, COURT STAFF) (Filed on 3/10/2020)
March 9, 2020 Opinion or Order Filing 109 STIPULATION WITH [PROPOSED] ORDER re Schedule for Amended Complaint and Defendants' Response filed by James Everett Hunt, Robert W. Baird & Co., Incorporated, Raymond James & Associates, Inc., Oppenheimer & Co. Inc, Morgan Stanley & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, KeyBank Capital Markets Inc., J.P. Morgan Securities LLC, HSBC Securities (USA) Inc., Credit Suisse Securities (USA) Inc., Credit Suisse Securities (USA) LLC,, Cowen and Company, LLC, Bloom Energy Corporation, Elissa M. Roberts, Michael Bolouri. (Apton, Adam) (Filed on 3/9/2020) Modified on 3/10/2020 (cjlS, COURT STAFF).
February 13, 2020 Opinion or Order Filing 108 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 2/13/2020. Total Time in Court: 19 minutes. Court Reporter: Pamela Batalo-Hebel. Plaintiff Attorney: Nicholas Porritt. Defendant Attorney: Sara Brody and Robin Wechkin. Plaintiffs motion to limit scope of confidentiality agreement (docket no. #44 ) is argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 2/13/2020) Modified on 3/5/2020 to correct hearing/file date. (ndrS, COURT STAFF).
February 12, 2020 Opinion or Order Filing 107 Disclosure Statement and Certificate of Interested Entities by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon identifying Other Affiliate Columbia Management Investment Advisers, LLC for Bloom Energy Corporation. (Brody, Sara) (Filed on 2/12/2020) Modified on 2/13/2020 (jjbS, COURT STAFF).
February 12, 2020 Opinion or Order Filing 106 ORDER by Judge Haywood S. Gilliam, Jr. Granting #105 Motion for Pro Hac Vice as to Porritt, Nicholas. (ndrS, COURT STAFF) (Filed on 2/12/2020)
February 12, 2020 Opinion or Order #Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number. Re:[105 ] MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14166622.) filed by James Everett Hunt (jjbS, COURT STAFF) (Filed on 2/12/2020)
February 11, 2020 Opinion or Order Filing 105 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14166622.) filed by James Everett Hunt. (Porritt, Nicholas) (Filed on 2/11/2020)
February 3, 2020 Opinion or Order REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:19-cv-02935-HSG re #103 Administrative MOTION. (jjbS, COURT STAFF) (Filed on 2/3/2020)
January 31, 2020 Opinion or Order Filing 104 ORDER by Hon. Haywood S. Gilliam, Jr. DENYING AS MOOT the Administrative Motion to Continue Case Management Conference and Hearing, Dkt. No. #103 in Roberts v. Bloom Energy, Case No. 19-2935, and Dkt. No. #27 in Bolouri v. Bloom Energy, Case No. 19-7259. A notice of voluntary dismissal was filed in Bolouri v. Bloom Energy on December 11, 2019, and the case is now closed. The hearing dates and deadlines in Roberts v. Bloom Energy, Case No. 19-2935, remain in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 1/31/2020)
January 31, 2020 Opinion or Order Filing 103 ADMINISTRATIVE MOTION Continue CMC and Hearing in Related Bolouri Action from Feb. 4, 2020 to Feb. 13, 2020 filed by James Everett Hunt. Responses due by 2/4/2020. (Attachments: #1 Declaration, #2 Proposed Order)(Apton, Adam) (Filed on 1/31/2020)
December 30, 2019 Opinion or Order Filing 102 ORDER (modified) by Judge Haywood S. Gilliam, Jr. Granting #101 Stipulation Re Docket Nos. #49 and #44 . (ndrS, COURT STAFF) (Filed on 12/30/2019)
December 30, 2019 Opinion or Order Reset Hearing as to #44 MOTION Limit Scope of Confidentiality Agreement, See Docket No. #102 : Motion Hearing set for 2/13/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 12/30/2019)
December 27, 2019 Opinion or Order Filing 101 STIPULATION WITH PROPOSED ORDER re #49 Amended Complaint,,, #44 MOTION Limit Scope of Confidentiality Agreement filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon, Mary A. Ayotte, Robert W. Baird & CO., Incorporated, Raymond James & Associates, Inc., Opennheimer & Co., Inc., Morgan Stanley & Co. LLC. Merrill Lynch, Pierce Fenner & Smith Incorporated, KeyBanc Capital Markets INc., J.P. Morgan Securities LLC., HSBC Securities (USA) Inc., and Cowen Company, LLC. (Brody, Sara) (Filed on 12/27/2019) Modified on 12/30/2019 (jjbS, COURT STAFF).
December 13, 2019 Opinion or Order Filing 100 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Richard Seeborg no longer assigned to case,. Signed by Clerk on 12/13/19. (as, COURT STAFF) (Filed on 12/13/2019)
December 12, 2019 Opinion or Order Filing 99 ORDER OF RECUSAL. Signed by Judge Richard Seeborg on 12/12/19. (cl, COURT STAFF) (Filed on 12/12/2019)
December 12, 2019 Opinion or Order Filing 98 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Judge William H. Orrick no longer assigned to case,. Signed by Clerk on 12/12/19. (as, COURT STAFF) (Filed on 12/12/2019)
December 11, 2019 Opinion or Order Filing 97 ORDER OF RECUSAL. Signed by Judge William H. Orrick on 12/11/2019. (jmdS, COURT STAFF) (Filed on 12/11/2019)
December 10, 2019 Opinion or Order Filing 96 Certificate of Interested Entities by Cowen and Company, LLC, Credit Suisse Securities (USA) LLC, HSBC Securities (USA) Inc., J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Oppenheimer & Co. Inc., Raymond James & Associates, Inc., Robert W. Baird & Co. Incorporated identifying Corporate Parent KeyCorp for KeyBanc Capital Markets Inc.; Corporate Parent Credit Suisse (USA) Inc., Corporate Parent Credit Suisse AG, Corporate Parent Credit Suisse Holdings (USA), Inc., Corporate Parent Credit Suisse Group AG for Credit Suisse Securities (USA) LLC; Corporate Parent JPMorgan Chase & Co., Corporate Parent J.P. Morgan Broker-Dealer Holdings Inc. for J.P. Morgan Securities LLC; Corporate Parent HSBC North America Holdings, Inc., Corporate Parent HSBC Holdings PLC, Corporate Parent HSBC Markets (USA) Inc. for HSBC Securities (USA) Inc.; Corporate Parent Morgan Stanley Capital Management, LLC, Corporate Parent Morgan Stanley Domestic Holdings, Inc., Corporate Parent Morgan Stanley for Morgan Stanley & Co. LLC; Corporate Parent Oppenheimer Holdings Inc., Corporate Parent Viner Finance Inc., Corporate Parent E.A. Viner International Co. for Oppenheimer & Co. Inc.; Corporate Parent Baird Financial Corporation, Corporate Parent Baird Financial Group, Inc., Corporate Parent Baird Holding Company for Robert W. Baird & Co. Incorporated; Corporate Parent Raymond James Financial, Inc. for Raymond James & Associates, Inc.; Corporate Parent Cowen Inc. for Cowen and Company, LLC; Corporate Parent NB Holdings Corporation, Corporate Parent Bank of America Corporation for Merrill Lynch, Pierce, Fenner & Smith Incorporated. Disclosure Statement (F.R.C.P. 7.1) and Certification of Interested Entities or Persons (L.R. 3-15) of Defendants J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, Credit Suisse Securities (USA) LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Cowen and Company, LLC, HSBC Securities (USA) Inc., Oppenheimer & Co. Inc., Raymond James & Associates, Inc. and Robert W. Baird & Co. Incorporated (Shimada, Charlene) (Filed on 12/10/2019)
December 10, 2019 Opinion or Order Filing 95 NOTICE of Appearance by Charlene Sachi Shimada Notice of Appearance of Counsel for Underwriter Defendants (Shimada, Charlene) (Filed on 12/10/2019)
December 9, 2019 Opinion or Order Filing 94 WAIVER OF SERVICE Returned Executed filed by Juan Rodriguez, James Everett Hunt. Service waived by Cowen and Company, LLC waiver sent on 11/6/2019, answer due 1/6/2020; Credit Suisse Securities (USA) LLC waiver sent on 11/6/2019, answer due 1/6/2020; HSBC Securities (USA) Inc. waiver sent on 11/6/2019, answer due 1/6/2020; J.P. Morgan Securities LLC waiver sent on 11/6/2019, answer due 1/6/2020; KeyBanc Capital Markets Inc. waiver sent on 11/6/2019, answer due 1/6/2020; Merrill Lynch, Pierce, Fenner & Smith Incorporated waiver sent on 11/6/2019, answer due 1/6/2020; Morgan Stanley & Co. LLC waiver sent on 11/6/2019, answer due 1/6/2020; Oppenheimer & Co. Inc. waiver sent on 11/6/2019, answer due 1/6/2020; Raymond James & Associates, Inc. waiver sent on 11/6/2019, answer due 1/6/2020; Robert W. Baird & Co. Incorporated waiver sent on 11/6/2019, answer due 1/6/2020. (McCall, Adam) (Filed on 12/9/2019)
December 5, 2019 Opinion or Order Filing 93 CLERK'S NOTICE - Hearing as to #44 MOTION to Limit Scope of Confidentiality Agreement and #75 MOTION to Consolidate Cases reset for 12/17/2019 09:30 AM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 12/5/2019)
December 4, 2019 Opinion or Order Filing 92 Declaration of Adam M. Apton in Support of #44 MOTION Limit Scope of Confidentiality Agreement filed byJames Everett Hunt. (Attachments: #1 Exhibit, #2 Exhibit)(Related document(s) #44 ) (Apton, Adam) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 91 REPLY (re #44 MOTION Limit Scope of Confidentiality Agreement ) filed byJames Everett Hunt. (Apton, Adam) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 90 OPPOSITION/RESPONSE (re #87 Administrative Motion to File Under Seal the Supplemental Declaration of Jessica Valenzuela Santamaria ) filed byJames Everett Hunt. (Apton, Adam) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 89 CERTIFICATE OF SERVICE by Bloom Energy Corporation re #87 Administrative Motion to File Under Seal the Supplemental Declaration of Jessica Valenzuela Santamaria (Brody, Sara) (Filed on 12/4/2019)
December 3, 2019 Opinion or Order Filing 88 DECLARATION of Jessica Valenzuela Santamaria in Opposition to #81 Opposition/Response to Motion, filed byBloom Energy Corporation. (Related document(s) #81 ) (Brody, Sara) (Filed on 12/3/2019)
December 3, 2019 Opinion or Order Filing 87 Administrative Motion to File Under Seal the Supplemental Declaration of Jessica Valenzuela Santamaria filed by Bloom Energy Corporation. (Attachments: #1 Proposed Order, #2 Declaration Shawn Soderberg, #3 Declaration [Redacted version] Jessica Valenzuela Santamaria, #4 Declaration [Unredacted version] Jessica Valenzuela Santamaria)(Brody, Sara) (Filed on 12/3/2019)
December 3, 2019 Opinion or Order Filing 86 Declaration of Adam M. Apton in Support of #85 Reply to Opposition/Response filed byJames Everett Hunt. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Related document(s) #85 ) (Apton, Adam) (Filed on 12/3/2019)
December 3, 2019 Opinion or Order Filing 85 REPLY (re #75 MOTION to Consolidate Cases ) filed byJames Everett Hunt. (Apton, Adam) (Filed on 12/3/2019)
November 26, 2019 Opinion or Order Filing 84 OPPOSITION/RESPONSE (re #75 MOTION to Consolidate Cases ) filed byMichael Bolouri. (Rosen, Laurence) (Filed on 11/26/2019)
November 22, 2019 Opinion or Order Filing 83 Order by Judge William H. Orrick granting #73 Motion to Relate Case No. 19-cv-7259-YGR. (jmdS, COURT STAFF) (Filed on 11/22/2019)
November 22, 2019 Opinion or Order Filing 82 OPPOSITION/RESPONSE (re #80 Administrative Motion to File Under Seal Opposition to Motion to Limit Scope ) filed byJames Everett Hunt. (Apton, Adam) (Filed on 11/22/2019)
November 21, 2019 Opinion or Order Filing 81 OPPOSITION/RESPONSE (re #44 MOTION Limit Scope of Confidentiality Agreement ) filed byBloom Energy Corporation. (Attachments: #1 Declaration Redacted Version of Jessica Valenzuela Santamaria)(Brody, Sara) (Filed on 11/21/2019)
November 21, 2019 Opinion or Order Filing 80 Administrative Motion to File Under Seal Opposition to Motion to Limit Scope filed by Bloom Energy Corporation. (Attachments: #1 Proposed Order, #2 Declaration Shawn Soderberg, #3 Unredacted Version of Opposition, #4 Redacted Version of Opposition, #5 Declaration Unredacted Version of Jessica Valenzuela Santamaria, #6 Declaration Redacted Version of Jessica Valenzuela Santamaria)(Brody, Sara) (Filed on 11/21/2019)
November 21, 2019 Opinion or Order Filing 79 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice of Robin E. Wechkin ( Filing fee $ 310, receipt number 0971-13913768.) filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Attachments: #1 Exhibit Certificate of Good Standing)(Wechkin, Robin) (Filed on 11/21/2019) Modified on 11/22/2019 (aaaS, COURT STAFF).
November 14, 2019 Opinion or Order Filing 78 ORDER granting #77 STIPULATION to extend deadlines re #44 MOTION Limit Scope of Confidentiality Agreement. Response due by 11/21/2019. Reply due by 12/4/2019. Motion Hearing set for 12/18/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 11/14/2019. (jmdS, COURT STAFF) (Filed on 11/14/2019)
November 12, 2019 Opinion or Order Filing 77 STIPULATION WITH PROPOSED ORDER re #44 MOTION Limit Scope of Confidentiality Agreement Briefing and Hearing Schedule for Lead Plaintiff's Confidentiality Motion filed by Kelly A. Ayotte, Bloom Energy Corporation, Mary K. Bush, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (Brody, Sara) (Filed on 11/12/2019)
November 12, 2019 Opinion or Order Filing 76 Declaration of Adam M. Apton in Support of #75 MOTION to Consolidate Cases filed byJames Everett Hunt. (Attachments: #1 Exhibit, #2 Exhibit)(Related document(s) #75 ) (Apton, Adam) (Filed on 11/12/2019)
November 12, 2019 Opinion or Order Filing 75 MOTION to Consolidate Cases filed by James Everett Hunt. Motion Hearing set for 12/18/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 11/26/2019. Replies due by 12/3/2019. (Attachments: #1 Proposed Order)(Apton, Adam) (Filed on 11/12/2019)
November 11, 2019 Opinion or Order Filing 74 Declaration of Adam M. Apton in Support of #73 MOTION to Relate Case filed byJames Everett Hunt. (Related document(s) #73 ) (Apton, Adam) (Filed on 11/11/2019)
November 11, 2019 Opinion or Order Filing 73 MOTION to Relate Case filed by James Everett Hunt. (Attachments: #1 Proposed Order)(Apton, Adam) (Filed on 11/11/2019)
November 5, 2019 Opinion or Order Filing 72 Summons Issued as to Kelly A. Ayotte, Mary A. Ayotte. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 71 Summons Issued as to Raymond James & Associates, Inc. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 70 Summons Issued as to Oppenheimer & Co. Inc. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 69 Summons Issued as to Morgan Stanley & Co. LLC. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 68 Summons Issued as to Merrill Lynch, Pierce, Fenner & Smith Incorporated. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 67 Summons Issued as to KeyBanc Capital Markets Inc. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 66 Summons Issued as to J.P. Morgan Securities LLC. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 65 Summons Issued as to HSBC Securities (USA) Inc. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 64 Summons Issued as to Credit Suisse Securities (USA) LLC. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 63 Summons Issued as to Cowen and Company, LLC. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 62 Summons Issued as to Cowen and Company, LLC. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 61 Summons Issued as to Robert W. Baird & Co. Incorporated. (aaaS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 60 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 59 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 58 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 57 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 56 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 55 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 54 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 53 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 52 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 51 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 5, 2019 Opinion or Order Filing 50 Proposed Summons. (Apton, Adam) (Filed on 11/5/2019)
November 4, 2019 Opinion or Order Filing 49 AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS; DEMAND FOR JURY TRIAL; against Bloom Energy Corporation, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon, Mary K. Bush, Kelly A. Ayotte, J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, Credit Suisse Securities (USA) LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Robert W. Baird & Co. Incorporated, Cowen and Company, LLC, HSBC Securities (USA) Inc., Oppenheimer & Co. Inc., Raymond James & Associates, Inc.. Filed byJames Everett Hunt, Juan Rodriguez. (Attachments: #1 Exhibit A - Certification of James Everett Hunt, #2 Exhibit B- Certification of Juan Rodriguez)(Apton, Adam) (Filed on 11/4/2019) Modified on 11/5/2019 (aaaS, COURT STAFF).
November 4, 2019 Opinion or Order Filing 48 NOTICE of Change of Address by Adam Marc Apton (Apton, Adam) (Filed on 11/4/2019)
November 4, 2019 Opinion or Order Filing 47 NOTICE of Change of Address by Adam Christopher McCall (McCall, Adam) (Filed on 11/4/2019)
November 1, 2019 Opinion or Order Filing 46 Declaration of Dwight Badger in Support of #44 MOTION Limit Scope of Confidentiality Agreement filed byJames Everett Hunt. (Related document(s) #44 ) (Apton, Adam) (Filed on 11/1/2019)
November 1, 2019 Opinion or Order Filing 45 Declaration of Adam M. Apton in Support of #44 MOTION Limit Scope of Confidentiality Agreement filed byJames Everett Hunt. (Related document(s) #44 ) (Apton, Adam) (Filed on 11/1/2019)
November 1, 2019 Opinion or Order Filing 44 MOTION Limit Scope of Confidentiality Agreement filed by James Everett Hunt. Motion Hearing set for 12/11/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 11/15/2019. Replies due by 11/22/2019. (Attachments: #1 Proposed Order)(Apton, Adam) (Filed on 11/1/2019)
September 30, 2019 Opinion or Order Filing 43 ORDER REGARDING DEADLINE FOR FILING AMENDED COMPLAINT AND BRIEFING SCHEDULE FORANTICIPATED MOTION(S) TO DISMISS by Judge William H. Orrick granting #42 Stipulation. (jmdS, COURT STAFF) (Filed on 9/30/2019)
September 13, 2019 Opinion or Order Filing 42 STIPULATION WITH PROPOSED ORDER REGARDING DEADLINE FOR FILING AMENDED COMPLAINT AND BRIEFING SCHEDULE FOR ANTICIPATED MOTION(S) TO DISMISS filed by James Everett Hunt. (McCall, Adam) (Filed on 9/13/2019)
September 5, 2019 Opinion or Order Filing 41 CERTIFICATE of Counsel re Local Rule 3-7(d) by Adam Marc Apton on behalf of James Everett Hunt (Apton, Adam) (Filed on 9/5/2019)
September 5, 2019 Opinion or Order Filing 40 NOTICE of Appearance by Adam Marc Apton for Lead Plaintiff James Everett Hunt and the Class (Apton, Adam) (Filed on 9/5/2019)
September 3, 2019 Opinion or Order Filing 39 Order by Judge William H. Orrick granting #14 Motion to Appoint Lead Plaintiff and Lead Counsel. (jmdS, COURT STAFF) (Filed on 9/3/2019)
September 3, 2019 Opinion or Order Filing 38 NOTICE by James Everett Hunt re #14 MOTION to Appoint Lead Plaintiff and Lead Counsel NOTICE OF NON-OPPOSITION TO JAMES EVERETT HUNTS MOTION FOR APPOINTMENT AS LEAD PLAINTIFF (McCall, Adam) (Filed on 9/3/2019)
September 3, 2019 Opinion or Order Filing 37 Notice of Withdrawal of #17 Motion ; (Pafiti, Jennifer) (Filed on 9/3/2019) Modified on 9/4/2019 (aaaS, COURT STAFF).
August 28, 2019 Opinion or Order Filing 36 Order by Judge William H. Orrick granting #35 Administrative Motion to vacate Case Management Conference and associated deadlines. (jmdS, COURT STAFF) (Filed on 8/28/2019)
August 27, 2019 Opinion or Order Filing 35 ADMINISTRATIVE MOTION TO ADJOURN INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES re #4 Initial Case Management Scheduling Order with ADR Deadlines,, filed by Elissa M. Roberts. Responses due by 9/3/2019. (Attachments: #1 Proposed Order, #2 Declaration)(Hood, J) (Filed on 8/27/2019)
August 27, 2019 Opinion or Order Filing 34 AFFIDAVIT of Service for Summons and Class Action Complaint served on Mary A. Ayotte, Accepted by Ermalinda Arreola, Authorized to Accept on 8/22/19, filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 8/27/2019)
August 27, 2019 Opinion or Order Filing 33 AFFIDAVIT of Service for Summons and Class Action Complaint served on Peter Teti, Accepted by Ermalinda Arreola, Authorized to Accept on 8/22/19, filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 8/27/2019)
August 27, 2019 Opinion or Order Filing 32 AFFIDAVIT of Service for Summons and Class Action Complaint served on Colin L. Powell, Accepted by Ermalinda Arreola, Authorized to Accept on 8/22/19, filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 8/27/2019)
August 27, 2019 Opinion or Order Filing 31 AFFIDAVIT of Service for Summons and Class Action Complaint served on Eddy Zervigon, Accepted by Ermalinda Arreola, Authorized to Accept on 8/22/19, filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 8/27/2019)
August 27, 2019 Opinion or Order Filing 30 AFFIDAVIT of Service for Summons and Class Action Complaint served on Scott Sandell, Accepted by Ermalinda Arreola, Authorized to Accept on 8/22/19, filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 8/27/2019)
August 27, 2019 Opinion or Order Filing 29 AFFIDAVIT of Service for Summons and Class Action Complaint served on L. John Doerr, Accepted by Ermalinda Arreola, Authorized to Accept on 8/22/19, filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 8/27/2019)
August 27, 2019 Opinion or Order Filing 28 AFFIDAVIT of Service for Summons and Class Action Complaint served on Randy Furr, Accepted by Ermalinda Arreola, Authorized to Accept on 8/22/19, filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 8/27/2019)
August 27, 2019 Opinion or Order Filing 27 AFFIDAVIT of Service for Summons and Class Action Complaint served on KR Sridhar, Accepted by Ermalinda Arreola, Authorized to Accept on 8/22/19, filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 8/27/2019)
August 27, 2019 Opinion or Order Filing 26 AFFIDAVIT of Service for Summons and Class Action Complaint served on Bloom Energy, Accepted by Ermalinda Arreola, Authorized to Accept on 8/22/19, filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 8/27/2019)
August 19, 2019 Opinion or Order Filing 25 REPLY (re #14 MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byJames Everett Hunt. (McCall, Adam) (Filed on 8/19/2019)
August 19, 2019 Opinion or Order Filing 24 REPLY (re #17 MOTION to Appoint Lead Plaintiff and Lead Counsel ) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF MOTION OF RONALD M. KRUSE FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL filed byRonald M. Kruse. (Attachments: #1 Declaration, #2 Exhibit A - Amended Certification)(Lieberman, Jeremy) (Filed on 8/19/2019)
August 12, 2019 Opinion or Order Filing 23 OPPOSITION/RESPONSE (re #14 MOTION to Appoint Lead Plaintiff and Lead Counsel , #17 MOTION to Appoint Lead Plaintiff and Lead Counsel ) MEMORANDUM OF POINTS AND AUTHORITIES: (1) IN FURTHER SUPPORT OF MOTION OF RONALD M. KRUSE FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL; AND (2) IN OPPOSITION TO COMPETING MOTIONS filed byRonald M. Kruse. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Pafiti, Jennifer) (Filed on 8/12/2019)
August 12, 2019 Opinion or Order Filing 22 OPPOSITION/RESPONSE (re #17 MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byJames Everett Hunt. (McCall, Adam) (Filed on 8/12/2019)
August 5, 2019 Opinion or Order Filing 21 Notice of Withdrawal of #10 Motion ; (Rajesh, Pavithra) (Filed on 8/5/2019) Modified on 8/6/2019 (aaa, COURT STAFF).
July 29, 2019 Opinion or Order Filing 20 Certificate of Interested Entities by Ronald M. Kruse re #17 MOTION to Appoint Lead Plaintiff and Lead Counsel (Pafiti, Jennifer) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 19 CERTIFICATE of Counsel re #17 MOTION to Appoint Lead Plaintiff and Lead Counsel by Jennifer Pafiti on behalf of Ronald M. Kruse (Pafiti, Jennifer) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 18 Declaration of Jennifer Pafiti in Support of #17 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byRonald M. Kruse. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certification, #4 Exhibit D - Firm Resume)(Related document(s) #17 ) (Pafiti, Jennifer) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 17 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Ronald M. Kruse. Motion Hearing set for 9/4/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/12/2019. Replies due by 8/19/2019. (Attachments: #1 Proposed Order)(Pafiti, Jennifer) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 16 Certificate of Interested Entities by James Everett Hunt (McCall, Adam) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 15 CERTIFICATE of Counsel by Adam Christopher McCall on behalf of James Everett Hunt (McCall, Adam) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 14 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by James Everett Hunt. Motion Hearing set for 9/4/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/12/2019. Replies due by 8/19/2019. (Attachments: #1 Declaration of Adam C. McCall, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of James Everett Hunt, #6 Proposed Order)(McCall, Adam) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 13 CERTIFICATE of Counsel re #10 MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum In Support by Lesley F. Portnoy on behalf of Cecil W. Forsberg (Portnoy, Lesley) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 12 Certificate of Interested Entities by Cecil W. Forsberg re #10 MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum In Support (Portnoy, Lesley) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 11 Declaration of Lesley F. Portnoy in Support of #10 MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum In Support filed byCecil W. Forsberg. (Attachments: #1 Exhibit A- Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - Firm Resume)(Related document(s) #10 ) (Portnoy, Lesley) (Filed on 7/29/2019)
July 29, 2019 Opinion or Order Filing 10 MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum In Support filed by Cecil W. Forsberg. Motion Hearing set for 9/4/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/12/2019. Replies due by 8/19/2019. (Attachments: #1 Proposed Order)(Portnoy, Lesley) (Filed on 7/29/2019)
June 7, 2019 Opinion or Order Filing 9 Order by Judge William H. Orrick granting #6 Motion for Pro Hac Vice by Jeremy A. Lieberman. (jmdS, COURT STAFF) (Filed on 6/7/2019)
June 7, 2019 Opinion or Order Filing 8 Order by Judge William H. Orrick granting #7 Motion for Pro Hac Vice by J. Alexander Hood II. (jmdS, COURT STAFF) (Filed on 6/7/2019)
May 31, 2019 Opinion or Order Filing 7 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13397415.) filed by Elissa M. Roberts. (Hood, J) (Filed on 5/31/2019) Modified on 6/3/2019 (aaaS, COURT STAFF).
May 31, 2019 Opinion or Order Filing 6 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13397362.) filed by Elissa M. Roberts. (Lieberman, Jeremy) (Filed on 5/31/2019) Modified on 6/3/2019 (aaaS, COURT STAFF).
May 30, 2019 Opinion or Order Filing 5 Summons Issued as to Mary A. Ayotte, Bloom Energy Corporation, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon. (aaaS, COURT STAFF) (Filed on 5/30/2019)
May 29, 2019 Opinion or Order Filing 4 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 8/27/2019. Initial Case Management Conference set for 9/3/2019 02:00 PM. Signed by Judge William H. Orrick on 5/29/19. (aaaS, COURT STAFF) (Filed on 5/29/2019) (Additional attachment(s) added on 5/30/2019: #1 Notice of Eligibility) (aaaS, COURT STAFF).
May 29, 2019 Opinion or Order Filing 3 Case assigned to Judge William H. Orrick. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 5/29/2019)
May 28, 2019 Opinion or Order Filing 2 Proposed Summons. (Pafiti, Jennifer) (Filed on 5/28/2019)
May 28, 2019 Opinion or Order Filing 1 CLASS COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAW; JURY TRIAL DEMANDED; against Mary A. Ayotte, Bloom Energy Corporation, L. John Doerr, Randy Furr, Colin L. Powell, Scott Sandell, KR Sridhar, Peter Teti, Eddy Zervigon ( Filing fee $ 400, receipt number 0971-13385907.). Filed byElissa M. Roberts. (Attachments: #1 Civil Cover Sheet)(Pafiti, Jennifer) (Filed on 5/28/2019) Modified on 5/30/2019 (aaaS, COURT STAFF).

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Search for this case: Roberts v. Bloom Energy Corporation et al
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Plaintiff: Elissa M. Roberts
Represented By: Jennifer Pafiti
Represented By: Jeremy A. Lieberman
Represented By: J. Alexander Hood, II
Represented By: Jeremy A Lieberman
Represented By: Patrick V. Dahlstrom
Represented By: J Alexander Hood, II
Represented By: Max Edward Weiss
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Plaintiff: James Everett Hunt
Represented By: Adam Marc Apton
Represented By: Adam Christopher McCall
Represented By: Max Edward Weiss
Represented By: Nicholas Ian Porritt
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Plaintiff: Juan Rodriguez
Represented By: Max Edward Weiss
Represented By: Nicholas Ian Porritt
Represented By: Adam Marc Apton
Represented By: Adam Christopher McCall
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Plaintiff: Michael Bolouri
Represented By: Laurence Matthew Rosen
Represented By: Max Edward Weiss
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Plaintiff: Andrew Austin
Represented By: Reed R. Kathrein
Represented By: Adam Christopher McCall
Represented By: Danielle Smith
Represented By: Lucas E. Gilmore
Represented By: Max Edward Weiss
Represented By: Nicholas Ian Porritt
Represented By: Wesley Aaron Wong
Represented By: Adam Marc Apton
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Plaintiff: Ryan Fishman
Represented By: Reed R. Kathrein
Represented By: Adam Christopher McCall
Represented By: Danielle Smith
Represented By: Lucas E. Gilmore
Represented By: Max Edward Weiss
Represented By: Nicholas Ian Porritt
Represented By: Wesley Aaron Wong
Represented By: Adam Marc Apton
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Plaintiff: Joel White
Represented By: Reed R. Kathrein
Represented By: Adam Christopher McCall
Represented By: Danielle Smith
Represented By: Lucas E. Gilmore
Represented By: Max Edward Weiss
Represented By: Nicholas Ian Porritt
Represented By: Wesley Aaron Wong
Represented By: Adam Marc Apton
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Plaintiff: Kurt Voutaz
Represented By: Adam Christopher McCall
Represented By: Max Edward Weiss
Represented By: Nicholas Ian Porritt
Represented By: Adam Marc Apton
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Plaintiff: Scott Kline
Represented By: Max Edward Weiss
Represented By: Adam Marc Apton
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Defendant: Scott Sandell
Represented By: Sara B. Brody
Represented By: Matthew James Dolan
Represented By: Matthew Patrick Henry
Represented By: Robin Eve Wechkin
Represented By: Stephen H Tang
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Defendant: Mary A. Ayotte
Represented By: Sara B. Brody
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Defendant: Eddy Zervigon
Represented By: Sara B. Brody
Represented By: Matthew James Dolan
Represented By: Matthew Patrick Henry
Represented By: Robin Eve Wechkin
Represented By: Stephen H Tang
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Defendant: KR Sridhar
Represented By: Sara B. Brody
Represented By: Matthew James Dolan
Represented By: Matthew Patrick Henry
Represented By: Robin Eve Wechkin
Represented By: Stephen H Tang
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Defendant: Colin L. Powell
Represented By: Sara B. Brody
Represented By: Robin Eve Wechkin
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Defendant: Bloom Energy Corporation
Represented By: Matthew James Dolan
Represented By: Sara B. Brody
Represented By: Matthew Patrick Henry
Represented By: Robin Eve Wechkin
Represented By: Stephen H Tang
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Defendant: L. John Doerr
Represented By: Sara B. Brody
Represented By: Matthew James Dolan
Represented By: Matthew Patrick Henry
Represented By: Robin Eve Wechkin
Represented By: Stephen H Tang
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Defendant: Randy Furr
Represented By: Sara B. Brody
Represented By: Matthew James Dolan
Represented By: Matthew Patrick Henry
Represented By: Robin Eve Wechkin
Represented By: Stephen H Tang
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Defendant: Peter Teti
Represented By: Sara B. Brody
Represented By: Matthew James Dolan
Represented By: Matthew Patrick Henry
Represented By: Robin Eve Wechkin
Represented By: Stephen H Tang
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Defendant: Mary K. Bush
Represented By: Sara B. Brody
Represented By: Matthew James Dolan
Represented By: Matthew Patrick Henry
Represented By: Robin Eve Wechkin
Represented By: Stephen H Tang
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Defendant: Kelly A. Ayotte
Represented By: Sara B. Brody
Represented By: Matthew James Dolan
Represented By: Matthew Patrick Henry
Represented By: Robin Eve Wechkin
Represented By: Stephen H Tang
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Defendant: J.P. Morgan Securities LLC
Represented By: Charlene Sachi Shimada
Represented By: Frank Burke Kennamer
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: Morgan Stanley & Co. LLC
Represented By: Charlene Sachi Shimada
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: Credit Suisse Securities (USA) LLC
Represented By: Charlene Sachi Shimada
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: KeyBanc Capital Markets Inc.
Represented By: Charlene Sachi Shimada
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: Merrill Lynch, Pierce, Fenner & Smith Incorporated
Represented By: Charlene Sachi Shimada
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: Robert W. Baird & Co. Incorporated
Represented By: Charlene Sachi Shimada
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: Cowen and Company, LLC
Represented By: Charlene Sachi Shimada
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: HSBC Securities (USA) Inc.
Represented By: Charlene Sachi Shimada
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: Oppenheimer & Co. Inc.
Represented By: Charlene Sachi Shimada
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: Raymond James & Associates, Inc.
Represented By: Charlene Sachi Shimada
Represented By: Kevin M Papay
Represented By: Robert Henderson O'Leary
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Defendant: PricewaterhouseCoopers LLP
Represented By: James P. Cusick
Represented By: Kenneth Yeatts Turnbull
Represented By: Lisa R. Bugni
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Petitioner: Cecil W. Forsberg
Represented By: Lesley F. Portnoy
Represented By: Pavithra Rajesh
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Petitioner: Ronald M. Kruse
Represented By: Jennifer Pafiti
Represented By: Jeremy A. Lieberman
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