Gross v. Schroeter et al
| Nechama Gross |
| Martin J. Schroeter, Stephen A.M. Hester, Dominic J. Caruso, John D. Harris II, Shirley Ann Jackson, Janina Kugel, Denis Machuel, Rahul N. Merchant, Jana Schreuder, Howard I. Ungerleider, David B. Wyshner, Vineet Khurana and Kyndryl Holdings, Inc. |
| 1:2026cv00431 |
| April 8, 2026 |
| U.S. District Court for the District of Delaware |
| Richard G Andrews |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2026. A more recent docket listing may be available from PACER.
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Filing 40
ORAL ORDER: A joint status report is due no later than three (3) business days from the date of this Order. Ordered by Judge Richard G. Andrews on 6/5/2026. (nms)
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| Filing 39 NOTICE of Appearance by Rudolf Koch on behalf of Vineet Khurana (Koch, Rudolf) |
| Filing 38 NOTICE of Appearance by Jing Xu on behalf of Vineet Khurana (Xu, Jing) |
| Filing 37 NOTICE of Appearance by Christine Dealy Haynes on behalf of Vineet Khurana (Haynes, Christine) |
| Filing 36 NOTICE of Appearance by Jing Xu on behalf of David B. Wyshner (Xu, Jing) |
| Filing 35 NOTICE of Appearance by Rudolf Koch on behalf of David B. Wyshner (Koch, Rudolf) |
| Filing 34 NOTICE of Appearance by Christine Dealy Haynes on behalf of David B. Wyshner (Haynes, Christine) |
| Filing 33 NOTICE of Appearance by Blake A. Bennett on behalf of Nechama Gross (Bennett, Blake) |
| Pro Hac Vice Attorney Stefan H. Atkinson for Dominic J. Caruso, John D. Harris, II, Stephen A.M. Hester, Shirley Ann Jackson, Janina Kugel, Kyndryl Holdings, Inc., Denis Machuel, Rahul N. Merchant, Jana Schreuder,and Martin J. Schroeter, and Howard I. Ungerleider 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. (oam) |
| Pro Hac Vice Attorney Alexander J. Rodney for Dominic J. Caruso, John D. Harris, II, Stephen A.M. Hester, Shirley Ann Jackson, Janina Kugel, Kyndryl Holdings, Inc., Denis Machuel, Rahul N. Merchant, Jana Schreuder,and Martin J. Schroeter, and Howard I. Ungerleider 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. (oam) |
| Filing 32 NOTICE of Appearance by Jing Xu on behalf of Dominic J. Caruso, Denis Machuel, John D. Harris II, Stephen A.M. Hester, Howard I. Ungerleider, Shirley Ann Jackson, Jana Schreuder, Janina Kugel, Kyndryl Holdings, Inc., Rahul N. Merchant, Martin J. Schroeter (Xu, Jing) |
| Filing 31 Pro Hac Vice Fee - Credit Card Payment received for Stefan H. Atkinson and Alexander J. Rodney. ( re #30 MOTION for Pro Hac Vice Appearance of Attorney Stefan H. Atkinson and Alexander J. Rodney )( Payment of $ 100, receipt number ADEDC-4956073).(Koch, Rudolf) |
| Filing 30 MOTION for Pro Hac Vice Appearance of Attorney Stefan H. Atkinson and Alexander J. Rodney - filed by Dominic J. Caruso, Denis Machuel, John D. Harris II, Stephen A.M. Hester, Howard I. Ungerleider, Shirley Ann Jackson, Jana Schreuder, Janina Kugel, Kyndryl Holdings, Inc., Rahul N. Merchant, Martin J. Schroeter. (Koch, Rudolf) |
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SO ORDERED, re #30 MOTION for Pro Hac Vice Appearance of Attorney Stefan H. Atkinson and Alexander J. Rodney filed by Kyndryl Holdings, Inc., Rahul N. Merchant, Janina Kugel, Martin J. Schroeter, John D. Harris II, Howard I. Ungerleider, Stephen A.M. Hester, Jana Schreuder, Dominic J. Caruso, Shirley Ann Jackson, Denis Machuel. Signed by Judge Richard G. Andrews on 4/24/2026. (aas)
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| Filing 29 NOTICE of Appearance by Christine Dealy Haynes on behalf of Dominic J. Caruso, Denis Machuel, John D. Harris II, Stephen A.M. Hester, Howard I. Ungerleider, Shirley Ann Jackson, Jana Schreuder, Janina Kugel, Kyndryl Holdings, Inc., Rahul N. Merchant, Martin J. Schroeter (Haynes, Christine) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. Associated Cases: 1:26-cv-00430-UNA, 1:26-cv-00431-UNA (alb) |
| Filing 28 Local Counsel Letter sent. Notice of Compliance deadline set for 5/8/2026. (slk) |
| Filing 27 Record of case transferred in from District of New York Eastern; Case Number in Other District: 1:26-cv-01322. Copy of Docket Sheet and original file |
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Filing 26
STIPULATION AND ORDER: Pursuant to 28:1404(a) and upon the stipulation and consent of the parties, this action is hereby transferred to the United States District Court for the District of Delaware. All deadlines or hearings presently scheduled by this Court, including the initial conference currently scheduled for May 28, 2026, are vacated pending transfer. Defendants shall not be required to respond to the Complaint in the Gross Action unless and until the transferee court so orders. The Court waives Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day delay before the Clerk transfers a case from this district. Upon the transfer of the case, the Clerk of Court is respectfully directed to mark this case closed. (Ordered by Magistrate Judge Clay H. Kaminsky on 4/8/2026 )ORDER, Case transferred to District of Delaware. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (RG) [Transferred from New York Eastern on 4/15/2026.]
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| Filing 25 Corporate Disclosure Statement by Kyndryl Holdings, Inc. (Atkinson, Stefan) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 24 Joint MOTION to Change Venue to the United States District Court for the District of Delaware by Dominic J. Caruso, Denis Machuel, John D. Harris II, Stephen A.M. Hester, Howard I. Ungerleider, Shirley Ann Jackson, Jana Schreuder, Janina Kugel, Kyndryl Holdings, Inc., Rahul N. Merchant, Martin J. Schroeter. (Atkinson, Stefan) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 23 NOTICE of Appearance by Alexander J Rodney on behalf of Dominic J. Caruso, Denis Machuel, John D. Harris II, Stephen A.M. Hester, Howard I. Ungerleider, Shirley Ann Jackson, Jana Schreuder, Janina Kugel, Kyndryl Holdings, Inc., Rahul N. Merchant, Martin J. Schroeter (aty to be noticed) (Rodney, Alexander) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 22 NOTICE of Appearance by Stefan Howard Atkinson on behalf of Dominic J. Caruso, Denis Machuel, John D. Harris II, Stephen A.M. Hester, Howard I. Ungerleider, Shirley Ann Jackson, Jana Schreuder, Janina Kugel, Kyndryl Holdings, Inc., Rahul N. Merchant, Martin J. Schroeter (aty to be noticed) (Atkinson, Stefan) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 21 WAIVER OF SERVICE Returned Executed by Nechama Gross. Vineet Khurana waiver sent on 3/19/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 20 WAIVER OF SERVICE Returned Executed by Nechama Gross. David B. Wyshner waiver sent on 3/19/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
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SCHEDULING ORDER: An initial conference will be held before Magistrate Judge Clay H. Kaminsky on May 28, 2026, at 11:30 a.m. in Courtroom 504 North. The parties must complete the linked #proposed Discovery Plan and Scheduling Order and file it on ECF no later than May 21, 2026. Plaintiff's counsel is directed to ensure that all parties are aware of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Clay H. Kaminsky on 3/24/2026. (STH) [Transferred from New York Eastern on 4/15/2026.]
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| Filing 19 WAIVER OF SERVICE Returned Executed by Nechama Gross. Kyndryl Holdings, Inc. waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 18 WAIVER OF SERVICE Returned Executed by Nechama Gross. Rahul N. Merchant waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 17 WAIVER OF SERVICE Returned Executed by Nechama Gross. Denis Machuel waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 16 WAIVER OF SERVICE Returned Executed by Nechama Gross. Janina Kugel waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 15 WAIVER OF SERVICE Returned Executed by Nechama Gross. Shirley Ann Jackson waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 14 WAIVER OF SERVICE Returned Executed by Nechama Gross. John D. Harris II waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 13 WAIVER OF SERVICE Returned Executed by Nechama Gross. Jana Schreuder waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 12 WAIVER OF SERVICE Returned Executed by Nechama Gross. Dominic J. Caruso waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 11 WAIVER OF SERVICE Returned Executed by Nechama Gross. Howard I. Ungerleider waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 10 WAIVER OF SERVICE Returned Executed by Nechama Gross. Stephen A.M. Hester waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by Nechama Gross. Martin J. Schroeter waiver sent on 3/17/2026, answer due 5/18/2026. (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 8 Summons Issued as to Defendants Dominic J. Caruso, David B. Wyshner, Denis Machuel, John D. Harris II, Stephen A.M. Hester, Howard I. Ungerleider, Shirley Ann Jackson, Jana Schreuder, Janina Kugel, Kyndryl Holdings, Inc., Rahul N. Merchant, Martin J. Schroeter, and Vineet Khurana. (CCF) [Transferred from New York Eastern on 4/15/2026.] |
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ORDER REASSIGNING CASE. Case reassigned to Judge Diane Gujarati and Magistrate Judge Clay H. Kaminsky for all further proceedings. Judge Hector Gonzalez no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 3/16/2026. (CV) [Transferred from New York Eastern on 4/15/2026.]
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| Filing 7 Proposed Summons. by Nechama Gross (Attachments: #1 Summons Addendum) (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included; please list each Defendant separately with their addresses, even if the address may be the same for multiple defendant; Each Defendant should be listed separately with their own information. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CCF) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 6 Proposed Summons. Re #1 Complaint,, by Nechama Gross (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf (CV) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 3 Proposed Summons. Re #1 Complaint,, by Nechama Gross (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint,, by Nechama Gross (Attachments: #1 Addendum to Civil Cover Sheet) (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
| Your proposed summons was not issued for one of the following reasons:The full case caption must appear on the summons and if multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) [Transferred from New York Eastern on 4/15/2026.] |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case (26-cv-782). (CV) [Transferred from New York Eastern on 4/15/2026.] |
| Filing 1 COMPLAINT VERIFIED STOCKHOLDER DERIVATIVE COMPLAINT against Dominic J. Caruso, David B. Wyshner, Denis Machuel, John D. Harris II, Stephen A.M. Hester, Howard I. Ungerleider, Shirley Ann Jackson, Jana Schreuder, Janina Kugel, Kyndryl Holdings, Inc., Rahul N. Merchant, Martin J. Schroeter, Vineet Khurana filing fee $ 405, receipt number ANYEDC-19979586, filed by Nechama Gross. (Attachments: #1 Civil Cover Sheet, #2 Addendum to Civil Cover Sheet, #3 Notice of Related Case Designation, #4 Proposed Summons) (Katz, David) [Transferred from New York Eastern on 4/15/2026.] |
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