Gunderson v. Palmer et al
| Tyler Gunderson and Marc N. Levin |
| Thomas R. Palmer, Natascha Viljoen, Karyn F. Ovelmen, Philip Aiken, Gregory H. Boyce, Bruce R. Brook, Maura J. Clark, Emma Fitzgerald, Sally-Anne Layman, Jose Manuel Madero, Rene Medori, Jane Nelson, Julio M. Quintana, Susan Story and Newmont Corporation |
| 1:2025cv00585 |
| February 21, 2025 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Scott T Varholak |
| Securities, Commodities, Exchange |
| 15 U.S.C. § 78 Securities Exchange Act |
| Plaintiff |
Docket Report
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| Filing 19 NOTICE OF CASE ASSOCIATION Notice of Related Cases by Paul Howard Schwartz on behalf of Newmont Corporation (Schwartz, Paul) |
Filing 18
ORDER granting #17 Motion for Extension of Time to Answer or Otherwise Respond. For good cause, Defendants are granted an extension of up to and including 5/9/2025 to respond to the Complaint. By Judge S. Kato Crews on 4/4/2025. Text Only Entry(skcja, )
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| Filing 17 Third MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Newmont Corporation. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Joint Motion to Extend Defendants' Time to Respond to the Complaint)(Schwartz, Paul) |
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Filing 16
ORDER granting in part and denying in part #9 Motion for Extension of Time to Answer or Otherwise Respond. In light of the Court's recent order on the Motion to Consolidate, much of the requested relief is mooted. The Court ORDERS that Defendants, in each of the recently consolidated cases, may have up to and including 4/9/2025 by which to answer or otherwise respond. Defendants are also free to request a further extension at a later date.The Court FURTHER ORDERS the parties to confer about a proposed scheduling order governing further proceedings in this action, and to contact Magistrate Judge Scott Varholak if they need assistance.SO ORDERED by Judge S. Kato Crews on 3/19/2025. Text Only Entry (skclc3)
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Filing 15
ORDER re #8 Motion to Consolidate Related Shareholder Derivative Actions and Appoint Co-Lead Counsel for Plaintiffs (Motion). The Motion seeks to consolidate Gunderson v. Palmer, 1:25-cv-00585-SKC-STV, and Levin v. Palmer, 1:25-cv-00660-KAS. The plaintiffs in each case are in agreement regarding consolidation, and the defendants in each do not oppose consolidation. Because these cases involve common questions of law and fact, the Court GRANTS the Motion.In accordance with the Court's inherent power to control its docket, and in accordance with Federal Rule of Civil Procedure 42(a), Civil Action No. 1:25-cv-00660-KAS is CONSOLIDATED into the above-captioned action. Civil Action No. 1:25-cv-00585-SKC-STV shall be the lead case, and all future filings shall be made in this action only. Pursuant to D.C.COLO.Civ.R 40.1(d)(4)(C), the Clerk is directed to reassign Civil Action No. 1:25-cv-00660-KAS to the undersigned as the Presiding Judge.Further, the Motion seeks appointment of The Brown Law Firm and Rigrodsky Law as Co-Lead Counsel in the consolidated action. Defendants take no position on this request. The Court ORDERS The Brown Law Firm and Rigrodsky Law appointed as Co-Lead Counsel in this action.SO ORDERED by Judge S. Kato Crews on 3/19/2025. Text Only Entry (skclc3)
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at their discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 3/19/2025. Text Only Entry (skcja, )
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| Filing 13 MEMORANDUM RETURNING CASE by Judge William J. Martinez. This case is randomly assigned to Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 25-cv-0585-SKC. (amona,) |
| Filing 12 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Newmont Corporation.. (Schwartz, Paul) |
| Filing 11 CASE REASSIGNED. All parties do not consent. Pursuant to #10 Consent to Jurisdiction of Magistrate Judge, Case randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 25-cv-00585-WJM. (Text Only Entry) (sphil, ) |
| Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Defendants Sally-Anne Layman, Jose Manuel Madero, Rene Medori, Jane Nelson, Julio M. Quintana, Susan Story, Newmont Corporation, Thomas R. Palmer, Natascha Viljoen, Karyn F. Ovelmen, Philip Aiken, Gregory H. Boyce, Bruce R. Brook, Maura J. Clark, Emma Fitzgerald All parties do not consent.. (Schwartz, Paul) |
| Filing 9 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Sally-Anne Layman, Jose Manuel Madero, Rene Medori, Jane Nelson, Julio M. Quintana, Susan Story, Newmont Corporation, Thomas R. Palmer, Natascha Viljoen, Karyn F. Ovelmen, Philip Aiken, Gregory H. Boyce, Bruce R. Brook, Maura J. Clark, Emma Fitzgerald. (Attachments: #1 Proposed Order (PDF Only))(Schwartz, Paul) |
| Filing 8 MOTION to Consolidate Cases and Appoint Co-Lead Counsel by Plaintiff Tyler Gunderson. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit, #3 Exhibit)(Brown, Timothy) |
| Filing 7 SUMMONS Returned Executed by Tyler Gunderson. Newmont Corporation served on 2/25/2025, answer due 3/18/2025. (Brown, Timothy) |
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Filing 6
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 2/24/2025. Consent Form due by 4/17/2025. Proposed Scheduling Order due 4/24/2025. Scheduling Conference set for 5/1/2025 02:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (sphil, )
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| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Magistrate Judge Consent Form) (sadhi, ) |
| Filing 4 Case assigned to Magistrate Judge Scott T. Varholak, Text Only Entry. (sadhi, ) |
| Filing 3 SUMMONS REQUEST as to THOMAS R. PALMER, NATASCHA VILJOEN, KARYN F. OVELMEN, PHILIP AIKEN, GREGORY H. BOYCE, BRUCE R. BROOK, MAURA J. CLARK, EMMA FITZGERALD, SALLY-ANNE LAYMAN, JOS MANUEL MADERO, REN MDORI, JANE NELSON, JULIO M. QUINTANA, and SUSAN STORY, Defendants, and NEWMONT CORPORATION, Nominal Defendant. re #1 Complaint, by Plaintiff Tyler Gunderson. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)(Brown, Timothy) |
| Filing 2 NOTICE of Related Case by Plaintiff Tyler Gunderson (Brown, Timothy) |
| Filing 1 COMPLAINT against Philip Aiken, Gregory H. Boyce, Bruce R. Brook, Maura J. Clark, Emma Fitzgerald, Sally-Anne Layman, Jose Manuel Madero, Rene Medori, Jane Nelson, Newmont Corporation, Karyn F. Ovelmen, Thomas R. Palmer, Julio M. Quintana, Susan Story, Natascha Viljoen (Filing fee $ 405,Receipt Number ACODC-10169328)Attorney Timothy William Brown added to party Tyler Gunderson(pty:pla), filed by Tyler Gunderson. (Attachments: #1 Civil Cover Sheet)(Brown, Timothy) |
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