In re Grand Canyon Education, Inc. Securities Litigation
| The City of Hialeah Employees' Retirement System, Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust and Grant Walsh |
| Daniel E. Bachus, Grand Canyon Education, Inc. and Brian E. Mueller |
| 1:2020cv00639 |
| May 12, 2020 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Maryellen Noreika |
| Securities/Commodities |
| Plaintiff |
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Filing 82
ORAL ORDER: The Court, having reviewed the parties proposed stipulation, (D.I. 81), hereby ORDERS that it is DENIED. Any further requests of this type (i.e., involving proposed alterations to the deadlines for submitting/responding to objections) should be made directly to the District Judge.Ordered by Judge Christopher J. Burke on 2/22/2023. (dlb)
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| Filing 81 STIPULATION and [Proposed] Order Granting Parties Additional Time to Object and Respond to Objections to the Report and Recommendation re #80 REPORT AND RECOMMENDATIONS re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss filed by Brian E. Mueller, Daniel E. Bachus, Grand Canyon Education, Inc.. Please note that when filing Objections pursu by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Kyle, Peter) |
| Filing 80 REPORT AND RECOMMENDATIONS re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss filed by Brian E. Mueller, Daniel E. Bachus, Grand Canyon Education, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections, if any, must be filed by February 27, 2023. Responses, if any, must be filed by March 9, 2023. Signed by Judge Christopher J. Burke on 2/17/2023. (dlb) |
| Filing 79 REPLY to Response to Motion re #76 MOTION re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss LEAD PLAINTIFFS MOTION TO TAKE JUDICIAL NOTICE OF FACTS REVEALED SUBSEQUENT TO MOTION TO DISMISS IN RELATED LITIGATION Lead Plaintiffs Reply in Further Support of Their Motion to Take Judicial Notice of Facts Revealed Subsequent to Motion to Dismiss in Related Litigation filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Attachments: #1 Certificate of Service)(Varallo, Gregory) |
| Filing 78 ANSWERING BRIEF in Opposition re #76 MOTION re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss LEAD PLAINTIFFS MOTION TO TAKE JUDICIAL NOTICE OF FACTS REVEALED SUBSEQUENT TO MOTION TO DISMISS IN RELATED LITIGATION Defendants' Opposition To Plaintiffs' Motion To Take Judicial Notice filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller.Reply Brief due date per Local Rules is 1/19/2023. (Kyle, Peter) |
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SO ORDERED D.I. #77 STIPULATION TO EXTEND TIME to respond to Plaintiffs' Motion to Take Judicial Notice and Plaintiffs deadline to file a Reply to January 12, 2023 and January 19, 2023, respectively filed by Brian E. Mueller, Daniel E. Bachus, Grand Canyon Education, Inc. Ordered by Judge Christopher J. Burke on 1/3/2023. (dlb)
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| Filing 77 STIPULATION TO EXTEND TIME to respond to Plaintiffs' Motion to Take Judicial Notice and Plaintiffs deadline to file a Reply to January 12, 2023 and January 19, 2023, respectively - filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Kyle, Peter) |
| Filing 76 MOTION re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss LEAD PLAINTIFFS MOTION TO TAKE JUDICIAL NOTICE OF FACTS REVEALED SUBSEQUENT TO MOTION TO DISMISS IN RELATED LITIGATION - filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)Motions referred to Christopher J. Burke.(Varallo, Gregory) |
| Filing 75 Official Transcript of Motion to Dismiss Hearing held on 10/25/2022 before Judge Christopher J. Burke. Court Reporter/Transcriber Deanna Warner, Email: warnerdeanna@gmail.com. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/6/2022. Redacted Transcript Deadline set for 12/16/2022. Release of Transcript Restriction set for 2/13/2023. (dh) Modified on 11/16/2022 (dlw). |
| Minute Entry for proceedings held before Judge Christopher J. Burke Motion Hearing held on 10/25/22 regarding Defendants' Motion to Dismiss. (D.I. #61 ) The Court took the matter under advisement. (Court Reporter Deanna Warner. Clerk: S. Simonetti) Appearances: K. Sinderson, J. Browne, G. Varallo, C. Carder, J. Golan for Plaintiffs; C. Peterman, J. Latham, P. Kyle for Defendants. (srs) |
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Filing 74
ORAL ORDER: The Court hereby ORDERS that the October 25, 2022 hearing on the pending motion to dismiss, (D.I. #61 ) will now be held in courtroom 2A. Signed by Judge Christopher J. Burke on 10/21/2022. (apk)
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Filing 73
ORAL ORDER: The Court hereby ORDERS that the October 25, 2022 hearing on the pending motion to dismiss, (D.I. #61 ), will be held in Courtroom 6C. Ordered by Judge Christopher J. Burke on 10/13/2022. (smg)
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| Filing 72 Letter to The Honorable Christopher J. Burke from Ronald N. Brown, III regarding oral argument on the pending motion to dismiss - re 70 Order Setting Hearing on Motion,,. (Brown, Ronald) |
| Filing 71 NOTICE of Withdrawal of Pro Hac Vice Appearance of Jeffrey B. Gittleman by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust (Attachments: #1 Certificate of Service)(Varallo, Gregory) |
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Filing 70
ORAL ORDER Setting Hearing on Motion: The Court HEREBY ORDERS that oral argument on the pending motion to dismiss, (D.I. 61), will be held on October 25, 2022 at 11:00 AM before Judge Christopher J. Burke. The hearing will be held in Courtroom 2A, unless there is joint agreement to conduct the hearing via teleconference or videoconference using the Microsoft Teams platform. By September 7, 2022, the parties shall submit a joint letter indicating whether there is joint agreement to conduct the hearing via teleconference or videoconference, or whether the hearing will proceed in person. Two hours will be allocated for argument, to be split equally between the parties. Ordered by Judge Christopher J. Burke on 8/31/2022. (dlb)
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| Filing 69 REQUEST for Oral Argument by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss. (Varallo, Gregory) |
| Filing 68 REPLY BRIEF re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss Defendants' Reply Brief In Support Of Their Motion To Dismiss filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Kyle, Peter) |
| Filing 67 DECLARATION re #66 Memorandum in Opposition, Declaration of Katherine M. Sinderson in Support of Lead Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Second Amended Complaint for Violations of The Federal Securities Laws by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Varallo, Gregory) |
| Filing 66 MEMORANDUM in Opposition re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust.Reply Brief due date per Local Rules is 5/13/2022. (Varallo, Gregory) |
| Filing 65 Joint STIPULATION and [Proposed Order Extending Motion to Dismiss Opposition and Reply Page Limits and Reply Schedule re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Attachments: #1 Certificate of Service)(Varallo, Gregory) |
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SO ORDERED D.I. #65 Stipulation Extending Motion to Dismiss Opposition and Reply Page Limits and Reply Schedule re #61 MOTION to Dismiss filed by Oakland County Voluntary Employees Beneficiary Association Trust, Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System. Ordered by Judge Christopher J. Burke on 5/2/2022. (dlb)
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| Filing 64 MOTION REFERRED: #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss Motion referred to Christopher J. Burke.(dlb) |
| Filing 63 DECLARATION re #62 Opening Brief in Support, Transmittal Declaration Of Ronald N. Brown, III by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kyle, Peter) |
| Filing 62 OPENING BRIEF in Support re #61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss Defendants' Memorandum of Law In Support Of Their Motion To Dismiss Plaintiffs' Second Amended Complaint For Violations Of The Federal Securities Laws filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller.Answering Brief/Response due date per Local Rules is 3/29/2022. (Kyle, Peter) |
| Filing 61 MOTION to Dismiss for Failure to State a Claim Defendants' Motion To Dismiss - filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Defendants' Motion To Dismiss)(Kyle, Peter) |
| Filing 60 Second AMENDED COMPLAINT against Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller- filed by Oakland County Voluntary Employees Beneficiary Association Trust, Oakland County Employees Retirement System, Fire and Police Pension Association of Colorado. (Attachments: #1 Exhibit REDLINE, #2 Exhibit A, #3 Exhibit B)(Varallo, Gregory) |
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SO ORDERED- re #59 Stipulation. Defendants shall have until March 15, 2022 to move to dismiss, answer, or otherwise respond to Plaintiffs Second Amended Complaint; Should Defendants move to dismiss Plaintiffs Amended Complaint, Plaintiffs shall file their response to the motion on or before May 6, 2022 and Defendants shall file their reply in support of their motion to dismiss on or before May 27, 2022. Set Scheduling Order Deadlines ( Amended Pleadings due by 1/21/2022.) Ordered by Judge Christopher J. Burke on 1/6/2022. (lih)
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| Pro Hac Vice Attorney Evan Glustrom for Daniel E. Bachus, Grand Canyon Education, Inc., and Brian E. Mueller added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Filing 59 STIPULATION and [Proposed] Order Granting Amended Briefing Schedule for Motion to Dismiss the Amended Complaint by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Varallo, Gregory) |
| Filing 58 STIPULATION and [Proposed] Order Granting Plaintiffs Leave to Amend and Setting Schedule for Defendants' Responses to the Second Amended Consolidated Complaint re #55 Amended Complaint, by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Brown, Ronald) |
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SO ORDERED D.I. #58 Stipulation Granting Plaintiffs Leave to Amend and Setting Schedule for Defendants' Responses filed by Brian E. Mueller, Daniel E. Bachus, Grand Canyon Education, Inc. Plaintiffs shall file a revised Amended Complaint by January 7, 2021. Defendants shall have until February 11, 2022 to move to dismiss, answer, or otherwise respond to Plaintiffs Second Amended Complaint. Should Defendants move to dismiss Plaintiffs Second Amended Complaint, Plaintiffs shall file their response to the motion on or before March 21, 2022 and Defendants shall file their reply in support of their motion to dismiss on or before April 11, 2022. Ordered by Judge Christopher J. Burke on 12/2/2021. (dlb)
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| Filing 57 STIPULATION and [Proposed] Order Granting Amended Briefing Schedule for Motion to Dismiss the Amended Complaint re #55 Amended Complaint, by Grand Canyon Education, Inc.. (Brown, Ronald) |
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SO ORDERED D.I. #57 Stipulation filed by Grand Canyon Education, Inc. Defendants shall have until December 3, 2021 to move to dismiss, answer, or otherwise respond to Plaintiffs Second Amended Complaint; Should Defendants move to dismiss Plaintiffs Second Amended Complaint, Plaintiffs shall file their response to the motion on or before January 18, 2022 and Defendants shall file their reply in support of their motion to dismiss on or before February 8, 2022. Ordered by Judge Christopher J. Burke on 11/29/2021. (dlb)
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| Filing 56 STIPULATION and [Proposed] Order Setting Schedule for Defendants' Responses to the Amended Consolidated Complaint re #55 Amended Complaint, #54 Order Adopting Report and Recommendations,,, Order on Motion to Dismiss/Failure to State Claim,,, Order on Report and Recommendations,, by Grand Canyon Education, Inc.. (Brown, Ronald) |
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SO ORDERED D.I. #56 Stipulation and Proposed Order Setting Schedule for Defendants' Responses to the Amended Consolidated Complaint, filed by Grand Canyon Education, Inc. Ordered by Judge Christopher J. Burke on 10/12/2021. (mlc)
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| Filing 55 AMENDED COMPLAINT AMENDED CONSOLIDATED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against All Defendants - filed by Oakland County Voluntary Employees Beneficiary Association Trust, Oakland County Employees Retirement System, Fire and Police Pension Association of Colorado. (Attachments: #1 Exhibit A, #2 Exhibit B)(Varallo, Gregory) |
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Filing 54
ORDER ADOPTING #50 REPORT AND RECOMMENDATION, GRANTING #36 Motion to Dismiss - IT IS HEREBY ORDERED that the #50 Report and Recommendation is ADOPTED, Defendants' #36 Motion to Dismiss is GRANTED, and the #34 complaint filed against Defendants is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Plaintiffs may file an amended complaint in this Court to correct the deficiencies outlined in the Report on or before September 28, 2021. Failure to do so against any Defendant will result in the Court dismissing said Defendant from this case. Signed by Judge Maryellen Noreika on 8/23/2021. (dlw)
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| Filing 53 Joint MOTION for Leave to File // Joint Motion for Order Adopting Report and Recommendation (D.I. 50) and Granting Plaintiffs Leave to Amend - filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)Motions referred to Christopher J. Burke.(Varallo, Gregory) Modified on 8/23/2021 (dlw). |
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SO ORDERED D.I. #52 MOTION for Pro Hac Vice Appearance of Attorney Evan Glustrom filed by Brian E. Mueller, Daniel E. Bachus, Grand Canyon Education, Inc. Ordered by Judge Christopher J. Burke on 8/18/2021. (dlb)
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| Filing 52 MOTION for Pro Hac Vice Appearance of Attorney Evan Glustrom - filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Attachments: #1 Certification of Evan Glustrom to be Admitted Pro Hac Vice)Motions referred to Christopher J. Burke.(Kyle, Peter) |
| Filing 51 NOTICE of Withdrawal of Pro Hac Vice Appearance of Samuel C. Feldman by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller (Kyle, Peter) |
| Filing 50 REPORT AND RECOMMENDATIONS regarding D.I. #36 MOTION to Dismiss for Failure to State a Claim filed by Brian E. Mueller, Daniel E. Bachus, Grand Canyon Education, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 8/23/2021. Signed by Judge Christopher J. Burke on 8/9/2021. (dlb) |
| Filing 49 Letter to The Honorable Christopher J. Burke from Gregory V. Varallo, Esq. regarding Response to Defendants' May 28, 2021 letter - re #48 Letter,,. (Varallo, Gregory) |
| Filing 48 Letter to The Honorable Christopher J. Burke from Defendants regarding providing copies of documents Defendant Grand Canyon Education, Inc. filed with the SEC that were referenced in Defendants' Motion to Dismiss briefing - re #36 MOTION to Dismiss for Failure to State a Claim , #44 Reply Brief, #37 Opening Brief in Support, #43 Answering Brief in Opposition,. (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)(Brown, Ronald) |
| Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 5/26/2021 re #36 MOTION to Dismiss for Failure to State a Claim: The Court heard the parties' arguments regarding Defendants' Motion to Dismiss, (D.I. 36). After hearing the parties regarding the Motion, the Court took the matter under advisement. (Clerk: Sforza) APPEARANCES: K. Sinderson, G. Varallo, R. Kravetz, J. Golan, J. Gittleman and S. Miller for Plaintiffs; C. Peterman, R. Brown, III, J. Latham, T. Fitzmaurice and S. Pearlman for Defendants. (Court Reporter: Stacy Vickers, Hawkins Reporting) (dlb) |
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Filing 47
ORAL ORDER Setting Hearing on Motion: The Court, having considered the parties' requests for oral argument, (D.I. 45; D.I. 46), on the pending motion to dismiss, (D.I. 36), HEREBY ORDERS as follows: (1) Oral argument on the motion to dismiss will be held on May 26, 2021 at 11:00 AM before Judge Christopher J. Burke via a videoconference platform. The Court has allocated 45 minutes for each side to present their argument.; (2) By no later than May 14, 2021, the parties shall: (a) send an e-mail to the Court's Law Clerk, Ms. Crawford, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (b) submit to the Court two (2) courtesy copies of each of the relevant briefs (plus all supporting declaration(s)/exhibits), and two (2) courtesy copies of the relevant complaint (plus all supporting declaration(s)/exhibits).; and (3) By no later than 24 hours in advance of the hearing, the parties shall submit any slide presentations via e-mail to Ms. Crawford (copying the other side).Ordered by Judge Christopher J. Burke on 5/5/2021. (dlb)
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| Filing 46 REQUEST for Oral Argument by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller re #36 MOTION to Dismiss for Failure to State a Claim . (Kyle, Peter) |
| Filing 45 REQUEST for Oral Argument by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust re #36 MOTION to Dismiss for Failure to State a Claim . (Varallo, Gregory) |
| Filing 44 REPLY BRIEF re #36 MOTION to Dismiss for Failure to State a Claim Defendants' Reply Brief In Support Of Their Motion to Dismiss filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Attachments: #1 Certificate of Service)(Kyle, Peter) |
| Filing 43 ANSWERING BRIEF in Opposition re #36 MOTION to Dismiss for Failure to State a Claim filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust.Reply Brief due date per Local Rules is 2/26/2021. (Attachments: #1 Exhibit 1 - In re Mattel, Inc. Secs. Litig. ORDER)(Varallo, Gregory) |
| Pro Hac Vice Attorney Robert F. Kravetz for Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, and Oakland County Voluntary Employees Beneficiary Association Trust added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam) |
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SO ORDERED D.I. #42 MOTION for Pro Hac Vice Appearance of Attorney Robert F. Kravetz filed by Oakland County Voluntary Employees Beneficiary Association Trust, Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System. Ordered by Judge Christopher J. Burke on 2/9/2021. (dlb)
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| Filing 42 MOTION for Pro Hac Vice Appearance of Attorney Robert F. Kravetz - filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. Motions referred to Christopher J. Burke.(Varallo, Gregory) |
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Filing 41
ORAL ORDER: In light of the parties' joint letter of January 13, 2021, (D.I. 40), the Court will not enter a schedule at this time nor hold a Case Management Conference. Ordered by Judge Christopher J. Burke on 1/14/2021. (dlb)
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| Filing 40 Letter to The Honorable Christopher J. Burke from Ronald N. Brown, III regarding the Court's December 23, 2020 Amended Oral Order requesting a joint letter regarding the schedule for this case - re 39 Oral Order,,,,,. (Brown, Ronald) |
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Filing 39
AMENDED ORAL ORDER REPLACING D.I. 38: IT IS HEREBY ORDERED that within (30) days from the date of this Order, the parties shall jointly file a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order Non-Patent" up through and including paragraph number 10 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 9-14 of Judge Noreika's "Non-Patent Scheduling Order" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions). To the extent that the parties disagree as to portions of the proposed Scheduling Order, they may highlight those disagreements in bolded text in the Order and explain their respective positions in a joint letter, which shall not exceed three (3) single-spaced pages, and shall be filed along with the proposed Order. Additionally, to the extent the parties do not believe that any further schedule should be set in the case at this time, they may inform the Court of that in their joint letter. After receiving these materials, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference. Both Scheduling Orders can be found on Judge Burke's/Judge Noreika's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 12/23/2020. (mlc)
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Filing 38
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burkes Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order Non-Patent" up through and including paragraph number 10 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 9-14 of Judge Noreika's "Non-Patent Scheduling Order"(i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Noreika's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 12/22/2020. (dlb)
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| MOTION REFERRED: #36 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb) |
| Filing 37 OPENING BRIEF in Support re #36 MOTION to Dismiss for Failure to State a Claim Defendants' Memorandum of Law In Support of Their Motion to Dismiss filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller.Answering Brief/Response due date per Local Rules is 1/4/2021. (Attachments: #1 Certificate of Service)(Brown, Ronald) |
| Filing 36 MOTION to Dismiss for Failure to State a Claim - filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Defendants' Motion to Dismiss, #2 Certificate of Service)(Brown, Ronald) |
| Filing 35 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Grand Canyon Education, Inc.. (Attachments: #1 Certificate of Service)(Brown, Ronald) |
| Pro Hac Vice Attorney Aaron L. Castle for Oakland County Employees Retirement System, for Oakland County Voluntary Employees Beneficiary Association Trust added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
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SO ORDERED D.I. #33 MOTION for Pro Hac Vice Appearance of Attorney Aaron L. Castle filed by Oakland County Voluntary Employees Beneficiary Association Trust, Oakland County Employees Retirement System. Ordered by Judge Christopher J. Burke on 10/21/2020. (dlb)
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| Filing 34 AMENDED COMPLAINT [Consolidated Complaint for the Violations of the Federal Securities Laws] against Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller- filed by Oakland County Voluntary Employees Beneficiary Association Trust, Oakland County Employees Retirement System, Fire and Police Pension Association of Colorado.(Varallo, Gregory) |
| Filing 33 MOTION for Pro Hac Vice Appearance of Attorney Aaron L. Castle - filed by Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. Motions referred to Christopher J. Burke.(Varallo, Gregory) |
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Filing 32
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 20-639-MN-CJB. ORDERED by Judge Maryellen Noreika on 10/15/2020. (dlw)
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Filing 31
SO ORDERED re #30 Stipulation and Order Setting Schedule for Filing of Consolidated Amended Complaint and Defendants' Responses Thereto. Signed by Judge Maryellen Noreika on 8/24/2020. (dlw)
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| Pro Hac Vice Attorneys Katherine M. Sinderson, Michael M. Mathai, Benjamin W. Horowitz, Jeffrey W. Golan, Jeffrey B. Gittleman, Chad A. Carder for Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Filing 30 STIPULATION Setting Schedule For Filing Of Consolidated Amended Complaint And Defendants' Responses Thereto re #28 SO ORDERED, #11 SO ORDERED, Terminate Deadlines by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Attachments: #1 Certificate of Service)(Kyle, Peter) Modified on 8/24/2020 (dlw). |
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SO ORDERED re #29 MOTION for Pro Hac Vice Appearance of Attorney Katherine M. Sinderson, Michael M. Mathai and Benjamin W. Horowitz of Bernstein Litowitz Berger & Grossmann LLP, and Jeffrey W. Golan, Jeffrey B. Gittleman and Chad A. Carder of Barrack, Rodos & Bacine filed by Oakland County Voluntary Employees Beneficiary Association Trust, Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System. ORDERED by Judge Maryellen Noreika on 8/21/2020. (dlw)
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| Filing 29 MOTION for Pro Hac Vice Appearance of Attorney Katherine M. Sinderson, Michael M. Mathai and Benjamin W. Horowitz of Bernstein Litowitz Berger & Grossmann LLP, and Jeffrey W. Golan, Jeffrey B. Gittleman and Chad A. Carder of Barrack, Rodos & Bacine - filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Varallo, Gregory) |
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Filing 28
SO ORDERED re (13 in 1:20-cv-00801-MN), (13 in 1:20-cv-00639-MN) MOTION for Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation of Related Actions filed by Oakland County Voluntary Employees Beneficiary Association Trust, Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 8/13/2020. (dlw)
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| Filing 27 REPLY BRIEF re #13 MOTION for Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation of Related Actions filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Varallo, Gregory) |
| Filing 26 ANSWERING BRIEF in Opposition re #22 MOTION for: (1) Consolidation Of Related Actions; (2) Appointment As Lead Plaintiff; And (3) Approval Of Selection Of Counsel , #14 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust.Reply Brief due date per Local Rules is 8/3/2020. (Varallo, Gregory) |
| Filing 25 NOTICE of Withdrawal of Motion for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel by Construction Industry Laborers Pension Fund, Construction Laborers Pension Trust of Greater St. Louis re #16 MOTION to Consolidate Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel (Gorris, Jeffrey) |
| Filing 24 DECLARATION of Brian E. Farnan re (23 in 1:20-cv-00639-MN) Opening Brief in Support, (10 in 1:20-cv-00801-MN) Opening Brief in Support by Kent Lageson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Farnan, Brian) Modified on 7/14/2020 (dlw). |
| Filing 23 OPENING BRIEF in Support re #22 MOTION for: (1) Consolidation Of Related Actions; (2) Appointment As Lead Plaintiff; And (3) Approval Of Selection Of Counsel filed by Kent Lageson.Answering Brief/Response due date per Local Rules is 7/27/2020. (Farnan, Brian) |
| Filing 22 MOTION for: (1) Consolidation Of Related Actions; (2) Appointment As Lead Plaintiff; And (3) Approval Of Selection Of Counsel - filed by Kent Lageson. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Certification)(Farnan, Brian) |
| Filing 21 DECLARATION of Gregory V. Varallo re #13 MOTION for Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation of Related Actions by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Attachments: #1 Exhibit A Certifications, #2 Exhibit B Loss Charts, #3 Exhibit C Joint Declaration, #4 Exhibit D Notice of Pendency, #5 Exhibit E Bernstein Litowitz Resume, #6 Exhibit F Barrack Rodos Resume)(Varallo, Gregory) Modified on 7/14/2020 (dlw). |
| Filing 20 DECLARATION of Jeffrey M. Gorris re #16 MOTION to Consolidate Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel by Construction Industry Laborers Pension Fund, Construction Laborers Pension Trust of Greater St. Louis. (Attachments: #1 Exhibits A-D)(Gorris, Jeffrey) Modified on 7/14/2020 (dlw). |
| Filing 19 DECLARATION of Ryan M. Ernst re (4 in 1:20-cv-00801-MN, 14 in 1:20-cv-00639-MN) MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel by Grant Walsh. (Attachments: #1 Exhibits A-E)(Ernst, Ryan) Modified on 7/14/2020 (dlw). |
| Filing 18 MEMORANDUM in Support re #16 MOTION to Consolidate Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel filed by Construction Industry Laborers Pension Fund, Construction Laborers Pension Trust of Greater St. Louis. Answering Brief/Response due date per Local Rules is 7/27/2020. (Gorris, Jeffrey) Modified on 7/14/2020 (dlw). |
| Filing 17 OPENING BRIEF in Support re #14 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel filed by Grant Walsh. Answering Brief/Response due date per Local Rules is 7/27/2020. (Ernst, Ryan) Modified on 7/14/2020 (dlw). |
| Filing 16 MOTION to Consolidate Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel - filed by Construction Industry Laborers Pension Fund, Construction Laborers Pension Trust of Greater St. Louis. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Motion for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of Selection of Counsel)(Gorris, Jeffrey) Modified on 7/14/2020 (dlw). |
| Filing 15 OPENING BRIEF in Support re #13 MOTION for Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation of Related Actions filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust.Answering Brief/Response due date per Local Rules is 7/27/2020. (Varallo, Gregory) |
| Filing 14 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel - filed by Grant Walsh. (Attachments: #1 Text of Proposed Order)(Ernst, Ryan) Modified on 7/14/2020 (dlw). |
| Filing 13 MOTION for Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation of Related Actions - filed by Fire and Police Pension Association of Colorado, Oakland County Employees Retirement System, Oakland County Voluntary Employees Beneficiary Association Trust. (Attachments: #1 Text of Proposed Order)(Varallo, Gregory) |
| Filing 12 NOTICE of Appearance by Jeffrey M. Gorris on behalf of Construction Industry Laborers Pension Fund, Construction Laborers Pension Trust of Greater St. Louis (Gorris, Jeffrey) |
| Pro Hac Vice Attorney John L. Latham, Timothy J. Fitzmaurice, Samuel C. Feldman, Cara M. Peterman for Daniel E. Bachus, Grand Canyon Education, Inc., and for Brian E. Mueller added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam) |
|
Filing 11
SO ORDERED re #10 Joint STIPULATION TO EXTEND TIME to Respond to the Complaint to following the Court's Appointment of Lead Plaintiff and Lead Counsel. Signed by Judge Maryellen Noreika on 6/1/2020. (dlw)
|
| Filing 10 Joint STIPULATION TO EXTEND TIME to Respond to the Complaint to following the Court's Appointment of Lead Plaintiff and Lead Counsel - filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Attachments: #1 Certificate of Service)(Brown, Ronald) |
| Filing 9 WAIVER OF SERVICE returned executed by The City of Hialeah Employees' Retirement System: For Daniel E. Bachus waiver sent on 5/28/2020, answer due 7/27/2020. (Varallo, Gregory) |
| Filing 8 WAIVER OF SERVICE returned executed by The City of Hialeah Employees' Retirement System: For Brian E. Mueller waiver sent on 5/28/2020, answer due 7/27/2020. (Varallo, Gregory) |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney John L. Latham, Cara M. Peterman, Timothy J. Fitzmaurice and Samuel C. Feldman - filed by Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller. (Attachments: #1 Certification of John L. Latham to Be Admitted Pro Hac Vice, #2 Certification of Cara M. Peterman to Be Admitted Pro Hac Vice, #3 Certification of Timothy J. Fitzmaurice to Be Admitted Pro Hac Vice, #4 Certification of Samuel C. Feldman to Be Admitted Pro Hac Vice)(Brown, Ronald) |
| Filing 6 NOTICE of Appearance by Peter H. Kyle on behalf of Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller (Kyle, Peter) |
| Filing 5 NOTICE of Appearance by Ronald N. Brown, III on behalf of Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller (Brown, Ronald) |
|
SO ORDERED re #7 MOTION for Pro Hac Vice Appearance of Attorney John L. Latham, Cara M. Peterman, Timothy J. Fitzmaurice and Samuel C. Feldman filed by Brian E. Mueller, Daniel E. Bachus, Grand Canyon Education, Inc. ORDERED by Judge Maryellen Noreika on 6/1/2020. (dlw)
|
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 4 AFFIDAVIT of Service for Summons served on Grand Canyon Education, Inc. on 5/13/2020, filed by The City of Hialeah Employees' Retirement System. (Varallo, Gregory) |
| Filing 3 SUMMONS Returned Executed by The City of Hialeah Employees' Retirement System. Grand Canyon Education, Inc. served on 5/13/2020, answer due 6/3/2020. (Varallo, Gregory) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) |
| Filing 1 COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS filed with Jury Demand against Daniel E. Bachus, Grand Canyon Education, Inc., Brian E. Mueller - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-2927571.) - filed by The City of Hialeah Employees' Retirement System. (Attachments: #1 Civil Cover Sheet)(myr) |
| No Summons Issued. (myr) |
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