McNeil et al v. Barton et al
| Andrew McNeil, Michael Reddy, Gail Reeves, Neil Egan and Steven Smith |
| Richard Barton, Mathias Dpfner, Timothy M. Haley, Jay C. Hoag, Leslie Kilgore, Strive Masiyiwa, Ann Mather, Gregory Peters, Brad Smith, Anne M. Sweeney, Reed Hastings, Ted Sarandos, Spencer Neumann, Rodolphe Belmer and Netflix, Inc. |
| Glancy Prongay & Murray LLP |
| 4:2023cv04264 |
| August 21, 2023 |
| US District Court for the Northern District of California |
| Susan van Keulen |
| Jon S Tigar |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity-Stockholders Suits |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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Filing 37
ORDER TO CONSOLIDATE ACTIONS AND MODIFY STAY. Signed by Judge Jon S. Tigar on October 11, 2023. (mll, COURT STAFF) (Filed on 10/11/2023)
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| Filing 36 NOTICE by Neil Egan, Andrew McNeil, Michael Reddy, Gail Reeves, Steven Smith re #34 Order,,,, Terminate Motions,,, [Corrected] Notice of Filing (Attachments: #1 Verified Shareholder Derivative Complaint)(Downs, Travis) (Filed on 10/5/2023) |
| Filing 35 NOTICE by Neil Egan, Andrew McNeil, Michael Reddy, Gail Reeves, Steven Smith Notice of Filing (Downs, Travis) (Filed on 10/5/2023) |
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Filing 34
ORDER RESOLVING ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTYS MATERIAL SHOULD BE SEALED (ECF 8) AND NON-PARTYS MOTIONS TO INTERVENE UNDER FED. R. CIV. P. 24(B) (ECF 10) AND TO UNSEAL DERIVATIVE COMPLAINT (ECF 11) re #8 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed, #10 MOTION to Intervene, re #11 MOTION to Unseal Document [Derivative Complaint], #33 STIPULATION WITH PROPOSED ORDER. Motions terminated: re #8 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed, #10 MOTION to Intervene, #11 MOTION to Unseal Document [Derivative Complaint], #33 STIPULATION WITH PROPOSED ORDER. Signed by Judge Tigar on 10/5/2023. (jlg, COURT STAFF) (Filed on 10/5/2023)
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| Filing 33 STIPULATION WITH PROPOSED ORDER re #11 MOTION to Unseal Document [Derivative Complaint], #8 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed , #10 MOTION to Intervene Stipulation and [Proposed] Order Resolving Administrative Motion to Consider Whether Another Party's Material Should be Sealed (ECF 8) and Non-Party's Motions to Intervene Under Fed. R. Civ. P. 24(B) (ECF 10) and to Unseal Derivative Complaint (ECF 11) filed by Neil Egan, Andrew McNeil, Michael Reddy, Gail Reeves, Steven Smith. (Downs, Travis) (Filed on 10/2/2023) |
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Filing 32
ORDER REASSIGNING CASE. Case reassigned to Judge Jon S. Tigar for all further proceedings. Judge P. Casey Pitts no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 9/28/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 9/28/2023)
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Filing 31
ORDER RELATING CASE to 4:22-cv-04134-JST. Motions terminated: (44 in 4:22-cv-04134-JST) MOTION to Relate Case Defendants' Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil Local Rule 3-12 filed by Leslie Kilgore, Ted Sarandos, Anne Sweeney, Netflix, Inc., Brad Smith, Jay Hoag, David Hyman, Richard Barton, Reed Hastings, Spencer Neumann, Mathias DPFNER, Gregory Peters, Strive Masiyiwa, Ann Mather, Rodolphe Belmer, Timothy Haley. Signed by Judge Jon S. Tigar on September 28, 2023. (mll, COURT STAFF) (Filed on 9/28/2023)
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| Filing 30 OPPOSITION/RESPONSE (re #8 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed ) Defendants Response to #8 Plaintiffs Administrative Motion to Consider Whether Another Party's Material Should Be Sealed, #10 Non-Party Glancy Prongay & Murray LLPs Motion to Intervene, and #11 Non-Party Glancy Prongay & Murray LLPs Motion to Unseal Derivative Complaint filed byRichard Barton, Rodolphe Belmer, Mathias Dpfner, Timothy M. Haley, Reed Hastings, Jay C. Hoag, Leslie Kilgore, Strive Masiyiwa, Ann Mather, Netflix, Inc., Spencer Neumann, Gregory Peters, Ted Sarandos, Brad Smith, Anne M. Sweeney. (Hashemi, Caz) (Filed on 9/22/2023) |
| Filing 29 CLERK'S NOTICE Resetting Motion Hearing. Motion Hearing as to #10 MOTION to Intervene and #11 MOTION to Unseal Document [Derivative Complaint] set for 11/9/2023 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 9/22/2023) |
| Filing 28 Notice of Motion of Non-Party Glancy Prongay & Murray LLP to Unseal Derivative Complaint] related to #11 filed by Glancy Prongay & Murray LLP. (Prongay, Robert) (Filed on 9/21/2023) Modified text on 9/21/2023, (to conform with document posted by counsel) (cv, COURT STAFF). |
| Filing 27 Notice of Motion of Non-Party Glancy Prongay & Murray LLP to Intervene Pursuant to Federal Rule of Civil Procedure 24(B)] related to #10 filed by Glancy Prongay & Murray LLP. (Prongay, Robert) (Filed on 9/21/2023) Modified text on 9/21/2023, (to conform with document posted by counsel. (cv, COURT STAFF). |
| Filing 26 OPPOSITION/RESPONSE (re #11 MOTION to Unseal Document [Derivative Complaint] ) Response of Plaintiffs Andrew McNeil, Michael Reddy, Gail Reeves, Neil Egan, and Steven Smith, in their Capacities as Trustees of City of Westland Police and Fire Retirement System to Motion of Non-Party Glancy Prongay & Murray LLP to Unseal Derivative Complaint filed byNeil Egan, Andrew McNeil, Michael Reddy, Gail Reeves, Steven Smith. (Attachments: #1 Downs Decl., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Downs, Travis) (Filed on 9/19/2023) |
| Filing 25 OPPOSITION/RESPONSE (re #10 MOTION to Intervene ) Response of Plaintiffs Andrew McNeil, Michael Reddy, Gail Reeves, Neil Egan, and Steven Smith, in their Capacities as Trustees of City of Westland Police and Fire Retirement System to Motion of Non-Party Glancy Prongay & Murray LLP to Intervene Pursuant to Federal Rule of Civil Procedure 24(b) filed byNeil Egan, Andrew McNeil, Michael Reddy, Gail Reeves, Steven Smith. (Attachments: #1 Downs Decl., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Downs, Travis) (Filed on 9/19/2023) |
| Filing 24 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 11/30/2023. Initial Case Management Conference set for 12/14/2023 at 01:00 PM before Judge P. Casey Pitts in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 9/18/2023) |
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Filing 23
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed by Clerk on 9/12/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 9/12/2023)
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| Filing 22 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhf, COURT STAFF) (Filed on 9/12/2023) |
| Filing 21 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Richard Barton, Rodolphe Belmer, Mathias Dpfner, Timothy M. Haley, Reed Hastings, Jay C. Hoag, Leslie Kilgore, Strive Masiyiwa, Ann Mather, Netflix, Inc., Spencer Neumann, Gregory Peters, Ted Sarandos, Brad Smith, Anne M. Sweeney.. (Hashemi, Caz) (Filed on 9/11/2023) |
| Filing 20 Corporate Disclosure Statement by Richard Barton, Rodolphe Belmer, Mathias Dpfner, Timothy M. Haley, Reed Hastings, Jay C. Hoag, Leslie Kilgore, Strive Masiyiwa, Ann Mather, Netflix, Inc., Spencer Neumann, Gregory Peters, Ted Sarandos, Brad Smith, Anne M. Sweeney (Hashemi, Caz) (Filed on 9/11/2023) |
| Filing 19 NOTICE of Appearance by Diane Marie Walters (Walters, Diane) (Filed on 9/11/2023) |
| Filing 18 NOTICE of Appearance by Keith E. Eggleton (Eggleton, Keith) (Filed on 9/11/2023) |
| Filing 17 NOTICE of Appearance by Caz Hashemi (Hashemi, Caz) (Filed on 9/11/2023) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Neil Egan, Andrew McNeil, Michael Reddy, Gail Reeves, Steven Smith.. (Downs, Travis) (Filed on 9/7/2023) |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by Michael Reddy, Andrew McNeil, Gail Reeves, Neil Egan, Steven Smith. Service waived by Richard Barton waiver sent on 8/22/2023, answer due 10/23/2023; Rodolphe Belmer waiver sent on 8/22/2023, answer due 10/23/2023; Mathias Dpfner waiver sent on 8/22/2023, answer due 10/23/2023; Timothy M. Haley waiver sent on 8/22/2023, answer due 10/23/2023; Reed Hastings waiver sent on 8/22/2023, answer due 10/23/2023; Jay C. Hoag waiver sent on 8/22/2023, answer due 10/23/2023; Leslie Kilgore waiver sent on 8/22/2023, answer due 10/23/2023; Strive Masiyiwa waiver sent on 8/22/2023, answer due 10/23/2023; Ann Mather waiver sent on 8/22/2023, answer due 10/23/2023; Netflix, Inc. waiver sent on 8/22/2023, answer due 10/23/2023; Spencer Neumann waiver sent on 8/22/2023, answer due 10/23/2023; Gregory Peters waiver sent on 8/22/2023, answer due 10/23/2023; Ted Sarandos waiver sent on 8/22/2023, answer due 10/23/2023; Brad Smith waiver sent on 8/22/2023, answer due 10/23/2023; Anne M. Sweeney waiver sent on 8/22/2023, answer due 10/23/2023. (Downs, Travis) (Filed on 9/7/2023) |
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Filing 14
ORDER FOR SERVICE ON DEFENDANTS OF PENDING MOTIONS; ORDER SETTING BRIEFING SCHEDULE AND HEARING re #8 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed; #10 MOTION to Intervene; #11 MOTION to Unseal Document. Signed by Judge Susan van Keulen on 9/6/2023. (svklc1, COURT STAFF) (Filed on 9/6/2023)
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| Filing 13 CERTIFICATE OF SERVICE by Glancy Prongay & Murray LLP re #11 MOTION to Unseal Document [Derivative Complaint], #10 MOTION to Intervene (Prongay, Robert) (Filed on 9/6/2023) |
| Filing 12 2ND CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/20/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 9/6/2023) |
| Filing 11 MOTION to Unseal Document [Derivative Complaint] filed by Glancy Prongay & Murray LLP. (Attachments: #1 Proposed Order)(Prongay, Robert) (Filed on 9/5/2023) |
| Filing 10 MOTION to Intervene filed by Glancy Prongay & Murray LLP. Motion Hearing set for 10/17/2023 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 9/19/2023. Replies due by 9/26/2023. (Attachments: #1 Exhibit A - Symantec Order, #2 Exhibit B - Securities Complaint, #3 Proposed Order)(Prongay, Robert) (Filed on 9/5/2023) |
| Filing 9 CERTIFICATE OF SERVICE by Neil Egan, Andrew McNeil, Michael Reddy, Gail Reeves, Steven Smith re #8 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed Proof of Service (Downs, Travis) (Filed on 8/22/2023) |
| Filing 8 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed filed by Neil Egan, Andrew McNeil, Michael Reddy, Gail Reeves, Steven Smith. (Attachments: #1 Declaration Declaration of Travis E. Downs III, #2 Exhibit A - Redacted Verified Shareholder Derivative Complaint, #3 Exhibit B - Highlighted Unredacted Verified Shareholder Derivative Complaint, #4 Proposed Order)(Downs, Travis) (Filed on 8/22/2023) |
| Filing 7 NOTICE of Appearance by Travis E. Downs, III for Plaintiffs Andrew McNeill, Michael Reddy, Gail Reeves, Neil Egan, and Steven Smith, in Their Capacities as Trustees of City of Westland Police and Fire Retirement System (Downs, Travis) (Filed on 8/22/2023) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/14/2023. Initial Case Management Conference set for 11/21/2023 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 8/22/2023) |
| Filing 5 Summons Issued as to Richard Barton, Rodolphe Belmer, Mathias Dpfner, Timothy M. Haley, Reed Hastings, Jay C. Hoag, Leslie Kilgore, Strive Masiyiwa, Ann Mather, Andrew McNeil, Netflix, Inc., Spencer Neumann, Gregory Peters, Michael Reddy, Gail Reeves, Ted Sarandos, Brad Smith. (cv, COURT STAFF) (Filed on 8/22/2023) |
| Filing 4 Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/5/2023. (bw, COURT STAFF) (Filed on 8/21/2023) |
| Filing 3 Certificate of Interested Entities by Neil Egan, Andrew McNeil, Michael Reddy, Gail Reeves, Steven Smith (Williams, Shawn) (Filed on 8/21/2023) |
| Filing 2 Proposed Summons. (Williams, Shawn) (Filed on 8/21/2023) |
| Filing 1 COMPLAINT Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Abuse of Control, Gross Mismanagement, Unjust Enrichment, and Corporate Waste [Redacted Version] against Richard Barton, Rodolphe Belmer, Mathias Dpfner, Timothy M. Haley, Reed Hastings, Jay C. Hoag, Leslie Kilgore, Strive Masiyiwa, Ann Mather, Netflix, Inc., Spencer Neumann, Gregory Peters, Ted Sarandos, Brad Smith, Anne M. Sweeney ( Filing fee $ 402, receipt number ACANDC-18567957.). Filed byMichael Reddy, Andrew McNeil, Gail Reeves, Neil Egan, Steven Smith. (Attachments: #1 Civil Cover Sheet)(Williams, Shawn) (Filed on 8/21/2023) |
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