Herbermann v. 3D Systems Corporation et al
| Marcel F.M. Herbermann and Niels Vochten |
| 3D Systems Corporation, Jeffrey A. Graves and Jeffrey D. Creech |
| 1:2025cv00734 |
| June 13, 2025 |
| U.S. District Court for the District of Delaware |
| Gregory B Williams |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 19 MOTION for Leave to File Reply - filed by Niels Vochten. (Attachments: #1 Exhibit A, #2 Text of Proposed Order, #3 Rule 7.1.1 Certification)(Ernst, Ryan) |
| Filing 18 RESPONSE to Motion re #17 MOTION for Reconsideration re #9 Opening Brief in Support, -- Neil Vochten's Motion for Reconsideration -- filed by 3D Systems Corporation, Jeffrey D. Creech, Jeffrey A. Graves. (Sirkin, Sean Michael) |
| Filing 17 MOTION for Reconsideration re #9 Opening Brief in Support, -- Neil Vochten's Motion for Reconsideration -- - filed by Niels Vochten. (Attachments: #1 Declaration, #2 Rule 7.1.1 Certification, #3 Text of Proposed Order)(Ernst, Ryan) |
Filing 16
ORAL ORDER: Having reviewed and considered the Motion of Niels Vochten for Appointment as Lead Plaintiff and Approval of Lead Counsel (the "Petitioner's Motion to be Appointed as Lead Plaintiff and to Appoint Lead Counsel") (D.I. 8), the brief and declaration of counsel in support of the motion (D.I. 9 and D.I. 10), and Notice of Non-Opposition (D.I. 11), IT IS HEREBY ORDERED that the Petitioner's Motion to be Appointed as Lead Plaintiff and to Appoint Lead Counsel (D.I. 8) is DENIED. Petitioner Mr. Vochten represents that, during the class period, he "(1) purchased 49.26108 shares of 3D Systems stock; (2) expended $199 on his purchases of 3D Systems stock; (3) retained 49.26108 of his shares of 3D Systems stock; and (4) as a result of the disclosures of Defendants' alleged fraud, incurred losses of approximately $116 in connection with his Class Period transactions in 3D Systems stock." D.I. 9 at 12; D.I. 10 (Ernst Declaration) at Exhibit A. Although Mr. Vochten claims that he is the "most adequate plaintiff", an expenditure of $199 and loss of approximately $116 from the actions complained of belies the credibility of Mr. Vochten's representation that he is the "most adequate plaintiff", the appropriateness of Mr. Vochten as the lead Plaintiff or being able to select Lead Counsel, and/or the appropriateness of this lawsuit as a class action. Moreover, Exhibit A of the Ernst Declaration (D.I. 10-1) appears to list Mr. Vochten as the only shareholder during the Class Period. If that is the case, Mr. Vochten would not otherwise satisfy the requirements of Rule 23. See 15 U.S.C. 78u-4(a)(3)(B)(iii)(I)(cc). For instance, if Mr. Vochten is the only shareholder who purchased stock during the Class Period, the putative class is not so numerous that joinder of all members is impracticable. Fed. R. Civ. P. 23(a). Rather, this action may not be appropriate as a class action. ORDERED by Judge Gregory B. Williams on 10/14/25. (jaa)
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| Filing 15 Letter to The Honorable Gregory B. Williams from S. Michael Sirkin - re #8 MOTION to Appoint Counsel -- Motion of Niels Vochten for Appointment as Lead Plaintiff and Approval of Lead Counsel --. (Sirkin, Sean Michael) |
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SO ORDERED, re #14 Joint Stipulation Regarding Extension of Time to Respond to Complaint filed by 3D Systems Corporation, Jeffrey A. Graves, Jeffrey D. Creech. Signed by Judge Gregory B. Williams on 9/22/25. (jaa)
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| Filing 14 Joint STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF TIME TO RESPOND TO COMPLAINT re #1 Complaint, by 3D Systems Corporation, Jeffrey D. Creech, Jeffrey A. Graves. (Attachments: #1 A)(Sirkin, Sean Michael) |
| Pro Hac Vice Attorney Jeremy A. Lieberman for Marcel F.M. Herbermann & Niels Vochten 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. (slk) |
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SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Jeremy A. Lieberman filed by Niels Vochten, Marcel F.M. Herbermann. Signed by Judge Gregory B. Williams on 9/2/25. (jaa)
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| Filing 13 Pro Hac Vice Fee - Credit Card Payment received for Jeremy A. Lieberman. ( re #12 MOTION for Pro Hac Vice Appearance of Attorney Jeremy A. Lieberman )( Payment of $ 50, receipt number ADEDC-4778340).(Ernst, Ryan) |
| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Jeremy A. Lieberman - filed by Marcel F.M. Herbermann, Niels Vochten. (Ernst, Ryan) |
| Pro Hac Vice Attorney Elizabeth Gingold Clark, Timothy J. Fitzmaurice & Charlotte Bohn for 3D Systems Corporation, Jeffrey D. Creech & Jeffrey A. Graves 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. (slk) |
| Filing 11 NOTICE of Non-Opposition to Motion of Niels Vochten for Appointment as Lead Plaintiff and Approval of Lead Counsel by Niels Vochten re #8 MOTION to Appoint Counsel -- Motion of Niels Vochten for Appointment as Lead Plaintiff and Approval of Lead Counsel -- (Ernst, Ryan) |
| Filing 10 DECLARATION of of Ryan M. Ernst in Support of Motion of Niels Vochten for Appointment as Lead Plaintiff and Approval of Lead Counsel re #9 Opening Brief in Support, #8 MOTION to Appoint Counsel -- Motion of Niels Vochten for Appointment as Lead Plaintiff and Approval of Lead Counsel -- by Niels Vochten. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ernst, Ryan) |
| Filing 9 OPENING BRIEF in Support re #8 MOTION to Appoint Counsel -- Motion of Niels Vochten for Appointment as Lead Plaintiff and Approval of Lead Counsel -- filed by Niels Vochten.Answering Brief/Response due date per Local Rules is 8/26/2025. (Ernst, Ryan) |
| Filing 8 MOTION to Appoint Counsel -- Motion of Niels Vochten for Appointment as Lead Plaintiff and Approval of Lead Counsel -- - filed by Niels Vochten. (Attachments: #1 Text of Proposed Order)(Ernst, Ryan) |
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SO ORDERED, re #5 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Gingold Clark, Timothy J. Fitzmaurice, and Charlotte M. Bohn filed by 3D Systems Corporation, Jeffrey A. Graves, Jeffrey D. Creech. Signed by Judge Gregory B. Williams on 7/29/2025. (lnb)
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| Filing 7 WAIVER OF SERVICE returned executed by Marcel F.M. Herbermann: For 3D Systems Corporation waiver sent on 7/24/2025, answer due 9/22/2025; Jeffrey D. Creech waiver sent on 7/24/2025, answer due 9/22/2025; Jeffrey A. Graves waiver sent on 7/24/2025, answer due 9/22/2025. (Attachments: #1 Waiver of the Service of Summons, #2 Waiver of the Service of Summons)(Ernst, Ryan) |
| Filing 6 Pro Hac Vice Fee - Credit Card Payment received for Elizabeth Gingold Clark, Timothy J. Fitzmaurice, and Charlotte M. Bohn. ( re #5 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Gingold Clark, Timothy J. Fitzmaurice, and Charlotte M. Bohn )( Payment of $ 150, receipt number ADEDC-4744299).(Sirkin, Sean Michael) |
| Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Gingold Clark, Timothy J. Fitzmaurice, and Charlotte M. Bohn - filed by 3D Systems Corporation, Jeffrey D. Creech, Jeffrey A. Graves. (Sirkin, Sean Michael) |
| Filing 4 NOTICE of Appearance by Sean Michael Sirkin on behalf of All Defendants (Sirkin, Sean Michael) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (alb) |
| Filing 3 DECLARATION of Marcel F.M. Herbermann in Support of #1 Complaint - filed by Marcel F.M. Herbermann. (jfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 COMPLAINT filed with Jury Demand against 3D Systems Corporation, Jeffrey D. Creech, Jeffrey A. Graves (Filing fee $ 405, receipt number ADEDC-4710868) - filed by Marcel F.M. Herbermann. (Attachments: #1 Schedule A, #2 Civil Cover Sheet)(jfm) |
| No Summons Issued. (jfm) |
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