Hendry v. Gorevic et al
| Trevor Hendry |
| Jason Gorevic, Mala Murthy, Karen L. Daniel, Sandra L. Fenwick, William H. Frist, Catherine A. Jacobson, Thomas G. McKinley, Kenneth H. Paulus, David L. Shedlarz, Mark Douglas Smith and David B. Snow, Jr. |
| 1:2022cv01592 |
| December 14, 2022 |
| US District Court for the District of Delaware |
| Colm F Connolly |
| Stockholders Suits |
| 28 U.S.C. § 1331 Fed. Question: Securities Violation |
| Plaintiff |
Docket Report
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| Filing 21 STANDING ORDER REGARDING BRIEFING IN ALL CASES. Associated Cases: 1:22-cv-01591-CFC, 1:22-cv-01592-CFC(kmd) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:22-cv-01591-CFC, 1:22-cv-01592-CFC (rjb) |
| Filing 20 Record of case transferred in from District of New York Southern; Case Number in Other District: 1:22-cv-07599. Copy of Docket Sheet and original file |
| Case associated with lead case: Create association to 1:22-cv-01591-UNA. All docketing shall be done in 22-cv-1591. (smg) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Delaware.(vfr) [Transferred from New York Southern on 12/14/2022.] |
Filing 19
JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, subject to the approval of the Court, that 1. Defendants shall not be required to move, answer, or otherwise respond to the existing Complaint in this Action at this time, and further deadlines will be addressed upon transfer to the District of Delaware and subject to the jurisdiction of that Court. 2. This Action is hereby transferred to the United States District Court for the District of Delaware. 3. Following transfer, the parties shall confer and submit a schedule for Defendants to move, answer, or otherwise respond to the Complaint. So ordered. (Signed by Judge Denise L. Cote on 12/13/2022) (vfr) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/14/2022.]
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Filing 18
STIPULATION AND ORDER CONSOLIDATING ACTIONS AND APPOINTING CO-LEAD COUNSEL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the parties hereto, through their undersigned counsel, subject to the approval of the Court, as follows: 1. Teladoc and the Individual Defendants, through their undersigned counsel, hereby accept service of the summonses and complaints in the Actions without waiver of any rights or defenses, except as to sufficiency of service. 2. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, the Actions are hereby consolidated for all purposes, including pretrial proceedings, trial, and appeal, and are referred to herein as the "Consolidated Action." 3. The file in Vaughn v. Snow, et al., Case No. 1:22-cv-06791-DLC, shall constitute the Master File for every action in the Consolidated Action. When the document being filed pertains to all actions, the phrase "This Documents Relates to All Actions" shall be placed on the cover page. When a pleading applies only to some, not all, of the actions, the document shall list on the cover page the phrase "This Document Relates To:", the docket number for each individual action to which the document applies, along with the last name of the first-listed plaintiff in said action. 4. Every pleading filed in the Consolidated Action, or in any separate action included herein, shall bear the following caption, as further set forth herein. 5. Glancy Prongay & Murray LLP ("GPM") and Rigrodsky Law, P.A. ("Rigrodsky") are designated Co-Lead Counsel for Plaintiffs in the Consolidated Action. Plaintiffs contend that their counsel, GPM and Rigrodsky, are well-qualified to coordinate prosecution of the claims they assert derivatively on behalf of the Company. See Firm Resumes attached hereto as Exhibits A & B. Defendants take no position on the qualifications or appointment of lead counsel for Plaintiffs. 6. Co-Lead Counsel shall represent Plaintiffs in the prosecution of the Consolidated Action, determine and present to the Court and opposing parties the position of Plaintiffs on all matters arising during pretrial negotiations, delegate and monitor the work performed by Plaintiffs' attorneys to ensure that there is no duplication of effort or unnecessary expense, coordinate on behalf of the Plaintiffs the initiation and conduct of discovery proceedings, have the authority to negotiate matters with Defendants' counsel, and perform such other duties as may be incidental to the proper coordination of Plaintiffs' pretrial activities or authorized by further order of the Court. Defendants' counsel may rely on all agreements made with either of Co-Lead Counsel, or other duly authorized representative of Co-Lead Counsel, and such agreements shall be binding on all Plaintiffs. 7. It would be duplicative and wasteful of the Court's resources for any Defendant who has been properly served, has agreed to accept service, or who is served in the future to have to respond whether by answer or motion to the individual complaints before a consolidated complaint is filed in the Consolidated Action. Therefore, any Defendant who has been properly served, has agreed to accept service, or who is served in the future, need only respond, plead, move, or answer to any consolidated complaint filed in the Consolidated Action or to any other related complaints that are subsequently assigned or transferred to this Court. Pursuant to the agreed-upon schedule so-ordered by the Court on October 4, 2022, the parties will meet and confer to discuss case management and a schedule for initial motion practice, and will propose such schedule to the court, including the date for filing a consolidated complaint and the sequencing of any motions concerning whether the Southern District of New York is the proper forum for Plaintiffs' derivative claims in light of Teladoc's Delaware forum provision, whether Plaintiffs have standing to assert their claims under Rule 23.1 of the Federal Rules of Civil Procedure, and any other Rule 12 motions. To the extent that any Defendant now named in any of the existing complaints filed in the Consolidated Action is not named in the consolidated complaint, the claims against such Defendant shall be deemed dismissed without prejudice. Any pleading filed or served in one of the underlying actions shall become part of the Consolidated Action. 8. This Stipulation and Order shall apply to each action arising out of the same transactions and occurrences and asserting direct and/or derivative state law claims filed in this Court or transferred here, and Co-Lead Counsel shall assist the Court by calling to the attention of the Court the filing or transfer of any such action, and Co-Lead Counsel shall assure that counsel therein receive notice of this Stipulation and Order. Unless otherwise ordered, the terms of all orders, rulings, and decisions in the Consolidated Action shall apply to all later shareholder derivative actions instituted herein. So Ordered. (Signed by Judge Denise L. Cote on 10/28/2022) (vfr) [Transferred from New York Southern on 12/14/2022.]
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| Filing 17 MEMO ENDORSEMENT on re: #16 Letter, filed by William H. Frist, Jason Gorevic, Kenneth H. Paulus, Catherine A. Jacobson, Mark Douglas Smith, Karen L. Daniel, David B. Snow, Jr., Mala Murthy, David L. Shedlarz, Teladoc Health, Inc., Thomas G. McKinley, Sandra L. Fenwick. ENDORSEMENT: The November 4 conference is cancelled. Status letter is due 12/16/22. (Signed by Judge Denise L. Cote on 10/28/2022) (vfr) [Transferred from New York Southern on 12/14/2022.] |
| Filing 16 JOINT LETTER addressed to Judge Denise L. Cote from Audra J. Soloway dated October 28, 2022 re: Case Management. Document filed by Thomas G. McKinley, Karen L. Daniel, Sandra L. Fenwick, William H. Frist, Jason Gorevic, Catherine A. Jacobson, Mala Murthy, Kenneth H. Paulus, David L. Shedlarz, Mark Douglas Smith, David B. Snow, Jr., Teladoc Health, Inc...(Soloway, Audra) [Transferred from New York Southern on 12/14/2022.] |
| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Trevor Hendry..(Sachs-Michaels, Benjamin) [Transferred from New York Southern on 12/14/2022.] |
| Filing 14 LETTER addressed to Judge Denise L. Cote from Timothy J. MacFall dated 10/12/2022 re: Consolidation. Document filed by Trevor Hendry..(MacFall, Timothy) [Transferred from New York Southern on 12/14/2022.] |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 10/4/2022) (vfr) [Transferred from New York Southern on 12/14/2022.]
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| Filing 12 LETTER MOTION for Extension of Time for Teladoc Health, Inc. to respond to the Hendry complaint and to propose a schedule for initial motion practice addressed to Judge Denise L. Cote from Audra J. Soloway dated October 3, 2022. Document filed by Thomas G. McKinley, Karen L. Daniel, Sandra L. Fenwick, William H. Frist, Jason Gorevic, Catherine A. Jacobson, Mala Murthy, Kenneth H. Paulus, David L. Shedlarz, Mark Douglas Smith, David B. Snow, Jr., Teladoc Health, Inc...(Soloway, Audra) [Transferred from New York Southern on 12/14/2022.] |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Teladoc Health, Inc...(Soloway, Audra) [Transferred from New York Southern on 12/14/2022.] |
| Filing 10 NOTICE OF APPEARANCE by Caitlin Elizabeth Grusauskas on behalf of Thomas G. McKinley, Karen L. Daniel, Sandra L. Fenwick, William H. Frist, Jason Gorevic, Catherine A. Jacobson, Mala Murthy, Kenneth H. Paulus, David L. Shedlarz, Mark Douglas Smith, David B. Snow, Jr., Teladoc Health, Inc...(Grusauskas, Caitlin) [Transferred from New York Southern on 12/14/2022.] |
| Filing 9 NOTICE OF APPEARANCE by Audra Jan Soloway on behalf of Thomas G. McKinley, Karen L. Daniel, Sandra L. Fenwick, William H. Frist, Jason Gorevic, Catherine A. Jacobson, Mala Murthy, Kenneth H. Paulus, David L. Shedlarz, Mark Douglas Smith, David B. Snow, Jr., Teladoc Health, Inc...(Soloway, Audra) [Transferred from New York Southern on 12/14/2022.] |
| Filing 8 NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of Thomas G. McKinley, Karen L. Daniel, Sandra L. Fenwick, William H. Frist, Jason Gorevic, Catherine A. Jacobson, Mala Murthy, Kenneth H. Paulus, David L. Shedlarz, Mark Douglas Smith, David B. Snow, Jr., Teladoc Health, Inc...(Kramer, Daniel) [Transferred from New York Southern on 12/14/2022.] |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/4/2022 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 9/22/2022) (rro) [Transferred from New York Southern on 12/14/2022.] |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Teladoc Health, Inc. served on 9/14/2022, answer due 10/5/2022. Service was accepted by Melanie Lucas. Document filed by Trevor Hendry..(Sachs-Michaels, Benjamin) [Transferred from New York Southern on 12/14/2022.] |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 12/14/2022.] |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Thomas G. McKinley, Karen L. Daniel, Sandra L. Fenwick, William H. Frist, Jason Gorevic, Catherine A. Jacobson, Mala Murthy, Kenneth H. Paulus, David L. Shedlarz, Mark Douglas Smith, David B. Snow, Jr., Teladoc Health, Inc...(pc) [Transferred from New York Southern on 12/14/2022.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) [Transferred from New York Southern on 12/14/2022.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Isaac Sachs-Michaels. The party information for the following party/parties has been modified: Trevor Hendry. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) [Transferred from New York Southern on 12/14/2022.] |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-04687-DLC. Document filed by Trevor Hendry..(Sachs-Michaels, Benjamin) [Transferred from New York Southern on 12/14/2022.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Jason Gorevic, Mala Murthy, Karen L. Daniel, Sandra L. Fenwick, William H. Frist, Catherine A. Jacobson, Thomas G. McKinley, Kenneth H. Paulus, David L. Shedlarz, Mark Douglas Smith, David B. Snow, Jr., and Teladoc Health, Inc.,, re: #1 Complaint,. Document filed by Trevor Hendry..(Sachs-Michaels, Benjamin) [Transferred from New York Southern on 12/14/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Sachs-Michaels, Benjamin) [Transferred from New York Southern on 12/14/2022.] |
| Filing 1 COMPLAINT against Thomas G. McKinley, Karen L. Daniel, Sandra L. Fenwick, William H. Frist, Jason Gorevic, Catherine A. Jacobson, Mala Murthy, Kenneth H. Paulus, David L. Shedlarz, Mark Douglas Smith, David B. Snow, Jr., Teladoc Health, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640156)Document filed by Trevor Hendry..(Sachs-Michaels, Benjamin) [Transferred from New York Southern on 12/14/2022.] |
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