Lewis v. Kuta et al
| Michael Lewis, Lee Runey and Brett Seger |
| Michael Kuta, Eric Walter, James O'Leary, Simon Bates, Ruth Dreessen, Michael Kelly, Peter Rose, Ouma Sananikone and DMC Global Inc |
| 1:2025cv01779 |
| June 6, 2025 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Timothy P O'Hara |
| Stockholders Suits |
| 15 U.S.C. ยง 0078 j(b)ss - Stockholder Suit |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2025. A more recent docket listing may be available from PACER.
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Filing 12
ORDER GRANTING #7 Unopposed Motion to Consolidate, Appoint Co-Lead Counsel, and Stay Case. Plaintiff Michael Lewis moves to consolidate the later-filed case, Runey v. Kuta, et al., No. 1:25-cv-02180-TPO (D. Colo. filed July 16, 2025), with this one. A court may consolidate two actions if they involve a common question of law or fact. Fed. R. Civ. P. 42(a); see also Local Civ. R. 42.1. The two cases at issue involve common questions of law and fact, as both challenge substantially similar alleged conduct by the similar DMC Global directors and officers. All parties in both cases consent to consolidation. Accordingly, the plaintiffs' motion is granted, and this case is hereby CONSOLIDATED with case No. 1:25-cv-02180-TPO. All future filings must be made in this case and shall be jointly titled In Re DMC Global Inc. Derivative Litigation. Shane Rowley, The Rowley Law Firm, P.C. and Phillip Kim, The Rosen Law Firm, P.A. are DESIGNATED as Co-Lead Counsel for the action.The Court agrees that it is in the best interest of all Parties to stay this action until the motion to dismiss in the related securities action, No. 1:24-cv-03387-GPG-CYC, has been fully adjudicated. The Court's Scheduling Conference and Associated Deadlines are VACATED. The Parties shall file a joint status report in 120 days informing the Court of the status of the related securities litigation and advising the Court as to whether the stay should continue. by Judge Daniel D. Domenico on 10/14/2025. Text Only Entry(dddlc11, )
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara. 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 Local Civ. R. 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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. SO ORDERED by Judge Daniel D. Domenico on 9/24/2025. Text Only Entry. (rkeec)
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| Filing 10 MEMORANDUM Case randomly reassigned to Judge Daniel D. Domenico for all further proceedings. All future pleadings should be designated as 25-cv-01779-DDD. (jrobe, ) |
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Filing 9
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 9/22/2025. Pursuant to the Election Concerning Consent/Non-Consent form [ECF #8 ] filed by the Parties expressing non-consent under D.C.COLO.LCivR 40.1(c), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). (Case randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 25-cv-01779-WJM). (ggill, )
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| Filing 8 CONSENT to Jurisdiction of Magistrate Judge by Defendants DMC Global Inc, Michael Kuta, Eric Walter, James O'Leary, Simon Bates, Ruth Dreessen, Michael Kelly, Peter Rose, Ouma Sananikone All parties do not consent.. (Aubry, Meghan) |
| Filing 7 Unopposed MOTION to Consolidate Cases 25-cv-01779-TPO & 25-cv-02180-TPO, Unopposed MOTION to Appoint Counsel , Unopposed MOTION to Stay re #1 Complaint, #5 Minute Order,,, #6 Minute Order,,, by Plaintiff Michael Lewis. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit A - ROWLEY RESUME, #3 Exhibit B - ROSEN ROWLEY)(Cody-Hopkins, Karen) |
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Filing 6
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 7/31/2025. Due to a conflict on the Court's calendar, the Court resets the Fed. R. Civ. P. 16(b) Scheduling Conference from November 20, 2025, at 9:30 a.m. to November 20, 2025, at 10:00 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Only the time has changed. The Parties shall complete and file the Magistrate Judge Consent Form [ECF #3 ] on or before November 6, 2025. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) jointly email a Word copy of the proposed Scheduling Order, copying all Parties, to Chambers at #o'[email protected]. (ggill, )
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Filing 5
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 7/29/2025. The above captioned case has been directly assigned to Magistrate Judge O'Hara pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form [ECF #3 ] on or before November 6, 2025. The Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on November 20, 2025, at 9:30 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. This will be an in-person proceeding. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) jointly email a Word copy of the proposed Scheduling Order, copying all Parties, to Chambers at #o'[email protected]. (ggill, )
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| Filing 4 NOTICE OF RELATED CASES by Plaintiff Michael Lewis (Cody-Hopkins, Karen) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons submitted; no summons issued. Completed summons may be filed for issuance using the event "Summons Request". (echa, ) |
| Filing 2 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT against SIMON BATES, DMC GLOBAL INC, RUTH DREESSEN, MICHAEL KELLY, MICHAEL KUTA, JAMES O'LEARY, PETER ROSE, OUMA SANANIKONE, ERIC WALTER (Filing fee $ 405,Receipt Number ACODC-10378630)Attorney Karen Jean Cody-Hopkins added to party MICHAEL LEWIS(pty:pla), filed by MICHAEL LEWIS. (Attachments: #1 Civil Cover Sheet, #2 Exhibit EX.1-LEWIS VERIFICATION)(Cody-Hopkins, Karen) |
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