Jaranin Charoen Company Limited v. Luciano et al
| Jaranin Charoen Company Limited |
| Susan F Harrison, Michael S Burke, Ray Young, James C. Collin, Debra A. Sandler, Juan R Luciano, Lei Z Schlitz, Archer-Daniels-Midland Company, Kelvin R. Westbrook, Vikram Luthar, Terrell K. Crews, Patrick J. Moore and Theodore Colbert |
| 1:2024cv00730 |
| June 20, 2024 |
| U.S. District Court for the District of Delaware |
| Richard G Andrews |
| Securities/Commodities |
| 28 U.S.C. § 1331 Fed. Question: Securities Violation |
| Plaintiff |
Docket Report
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Filing 35
ORDER Consolidating Related Stockholder Derivative Actions and Establishing a Leadership Structure: Civil cases 24-cv-506-RGA, 24-cv-534-RGA and 24-cv-730-RGA are hereby consolidated for all purposes, including pre-trial proceedings and trial, under the first-filed action 24-cv-506-RGA. Within 60 days following the Court's order, Plaintiffs shall file an operative, consolidated complaint (see Order for further details) (*Notice of Compliance deadline set for 9/13/2024). Signed by Judge Richard G. Andrews on 7/15/2024. Associated Cases: 1:24-cv-00506-RGA, 1:24-cv-00534-RGA, 1:24-cv-00730-RGA (lah) Modified on 7/15/2024 (nms).
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| Filing 34 Joint Stipulation and Proposed Order Consolidating Related Stockholder Derivative Actions and Establishing a Leadership Structure, by Archer-Daniels-Midland Company, Michael S Burke, Theodore Colbert, James C. Collin, Terrell K. Crews, Susan F Harrison, Patrick J. Moore, Debra A. Sandler, Lei Z Schlitz, Kelvin R. Westbrook, Pierre Dufour, Donald E. Felsinger, Francisco J. Sanchez. (nms) |
| Case Reassigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 33 NOTICE of Appearance by Jenness Elizabeth Parker on behalf of Michael S Burke, Theodore Colbert, James C. Collin, Terrell K. Crews, Susan F Harrison, Juan R Luciano, Patrick J. Moore, Debra A. Sandler, Lei Z Schlitz, Kelvin R. Westbrook, Archer-Daniels-Midland Company (Parker, Jenness) |
| Filing 32 Letter to The Honorable Jennifer L. Hall from Brian E. Farnan regarding Related Cases. (Farnan, Brian) |
| Case Assigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb) |
| Filing 31 Local Counsel Letter sent. Notice of Compliance deadline set for 7/22/2024. (apk) |
| Filing 30 Record of case transferred in from District of Illinois Northern; Case Number in Other District: 1:24-cv-02562. Copy of Docket Sheet and original file |
| Filing 29 TRANSFERRED to the District of Delaware the electronic record. (gcy, ) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 28 MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' agreed motion to transfer venue pursuant to 28 U.S.C. 1404(a) #25 . For the following reasons, the agreed motion #25 is granted. To begin, the parties agree that, pursuant to Section 5.7 of defendant ADM's bylaws, this derivative action is properly brought in the United States District Court for the District of Delaware [25 at 2]. Forum-selection clauses are presumptively valid and enforceable unless there is a party opposing enforcement of that clause who makes a "strong showing" or meets a "heavy burden" of proof that, among other factors, enforcement of the provision would be unreasonable and unjust. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 15 (1972). Moreover, the existence of a forum-selection clause counts as "a significant factor that figures centrally in the district court's calculus" of whether to transfer under 1404(a). Atl. Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of Texas, 571 U.S. 49, 58Ricoh Corp., 487 U.S. 22, 29 (1988)). Where, as here, the parties seemingly agree (by way of their motion) that venue in each district is proper and that transfer serves the interests of justice, the Court need not provide a more detailed 1404(a) analysis and, within its discretion and in the interest of justice, grants the parties' motion to transfer pursuant to 28 U.S.C. 1404. See Dillon v. Wells Fargo Sec., LLC, No. 1:23-CV-00684, 2024 WL 1254581, at *2 (N.D. Ill. Mar. 25, 2024) (to determine whether to transfer a case under 1404, courts must consider whether: (1) venue is proper in both this Court and the transferee court; (2) transfer is more convenient for the parties and witnesses; and (3) transfer serves the interest of justice). The Court directs the Clerk of Court to transfer this case to the United States District Court for the District of Delaware. The parties shall review all of the case management procedures and standing orders available on the transferee Court's website and fully comply with those procedures. All pending deadlines and hearings before this Court are stricken. Mailed notice (cc, ) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 27 NOTICE by Charles F. Smith, Jr of Change of Address (Smith, Charles) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 26 NOTICE by Marcella Louise Lape of Change of Address (Lape, Marcella) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 25 MOTION by Unknown Archer-Daniels-Midland Company to transfer case (Agreed) (Lape, Marcella) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 24 ATTORNEY Appearance for Unknown Archer-Daniels-Midland Company, Defendant Juan R Luciano by Charles F. Smith, Jr (Smith, Charles) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 23 ATTORNEY Appearance for Unknown Archer-Daniels-Midland Company, Defendant Juan R Luciano by Marcella Louise Lape (Lape, Marcella) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 22 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. On or before 7/2/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website, including the Court's case management procedure for motions to dismiss. Initial tracking status hearing set for 7/12/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice (cc, ) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 21 NOTICE OF CORRECTION by Jaranin Charoen Company Limited AS TO ECF NO. 13 (Attachments: #1 Exhibit A - WAIVER OF THE SERVICE OF SUMMONS as to Kelvin R. Westbrook)(Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 19 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Theodore Colbert waiver sent on 4/19/2024, answer due 6/18/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 18 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Terrell K Crews waiver sent on 4/19/2024, answer due 6/18/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 17 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Susan F Harrison waiver sent on 4/19/2024, answer due 6/18/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 16 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Patrick J Moore waiver sent on 4/19/2024, answer due 6/18/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 15 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Michael S Burke waiver sent on 4/15/2024, answer due 6/14/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 14 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Lei Z Schlitz waiver sent on 4/19/2024, answer due 6/18/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 13 SUMMONS Returned Executed by Jaranin Charoen Company Limited as to Kelvin R Westbrook on 4/19/2024, answer due 5/10/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 12 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. James C. Collin waiver sent on 4/19/2024, answer due 6/18/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 11 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Debra A Sandler waiver sent on 4/19/2024, answer due 6/18/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 20 MINUTE entry before the Honorable LaShonda A. Hunt: Case reassigned to the Honorable Jeffrey Cummings for all further proceedings in accordance with Rule 13. Mailed notice (Attachments: #1 Request for Reassignment) (gcy, ) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 10 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Vikram Luthar waiver sent on 4/25/2024, answer due 6/24/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 9 NOTICE of Correction regarding waiver of service executed #5 (emc, ) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 8 ATTORNEY Appearance for Defendant Ray Young by Katherine Pokorny (Pokorny, Katherine) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 7 ATTORNEY Appearance for Defendant Ray Young by Pravin B. Rao (Rao, Pravin) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 6 ATTORNEY Appearance for Defendant Ray Young by Jose A. Lopez (Lopez, Jose) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 5 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Ray Young waiver sent on 4/17/2024, answer due 6/17/2024. (Lechtzin, Eric) Modified on 4/25/2024 (td, ). [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 4 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Juan R Luciano waiver sent on 4/15/2024, answer due 6/14/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 3 WAIVER OF SERVICE returned executed by Jaranin Charoen Company Limited. Archer-Daniels-Midland Company waiver sent on 4/15/2024, answer due 6/14/2024. (Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 2 MINUTE entry before the Executive Committee: Case reassigned to the Honorable Judge LaShonda A. Hunt for all further proceedings pursuant to Local Rule 28 USC 294(b). Mailed notice (Attachments: #1 Request for Reassignment) (jh, ) [Transferred from Illinois Northern on 6/20/2024.] |
| Filing 1 COMPLAINT VERIFIED STOCKHOLDER DERIVATIVE COMPLAINT filed by JARANIN CHAROEN COMPANY LIMITED; Jury Demand. Filing fee $ 405, receipt number AILNDC-21800140. (Attachments: #1 Verification, #2 Civil Cover Sheet)(Lechtzin, Eric) [Transferred from Illinois Northern on 6/20/2024.] |
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