Gervat v. Henshall et al
| Hugues Gervat |
| David J. Henshall, Robert M Calderoni, Arlen Shenkman, Paul Hough, Mark Schmitz, Nanci Caldwell, Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, Robert Knowling, Jr., Thomas Hogan, Moira Kilcoyne, Peter Sacripanti, J Donald Sherman and Citrix Systems, Inc. |
| 0:2022cv60168 |
| January 22, 2022 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Raag Singhal |
| Securities/Commodities |
| 15 U.S.C. § 0078 Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
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Filing 44
ORDER OF DISMISSAL WITHOUT PREJUDICE. This matter is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to CLOSE this case and any pending motions are DENIED AS MOOT. Motions terminated: #31 Renewed EXPEDITED MOTION to Stay this Action filed by Jesse Cohn, Robert Daleo, Moira Kilcoyne, Thomas Hogan, David J. Henshall, Mark Schmitz, Citrix Systems, Inc., Murray J. Demo, Arlen Shenkman, Nanci Caldwell, Robert M Calderoni, J Donald Sherman, Robert Knowling, Jr., Paul Hough, Ajei Gopal, Peter Sacripanti. Signed by Judge Raag Singhal on 3/11/2022. See attached document for full details. (amb)
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| Filing 43 NOTICE of Voluntary Dismissal Without Prejudice Pursuant to F.R.C.P. 41(A)(1)(A)(I) by Hugues Gervat (Sosa, Jose) |
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Filing 42
PAPERLESS ORDER granting #41 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document All Defendants. Defendants shall answer, move to dismiss, or otherwise respond to the Derivative Complaint on or before 3/11/2022. Signed by Judge Raag Singhal on 3/8/2022. (pls)
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| Filing 41 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Robert M Calderoni, Nanci Caldwell, Citrix Systems, Inc., Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Jr, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman. (Attachments: #1 Exhibit A)(Drushal, Amy) |
| Filing 40 RESPONSE in Opposition re #31 Renewed EXPEDITED MOTION to Stay this Action and Supporting Memorandum of Law filed by Hugues Gervat. Replies due by 3/11/2022. (Attachments: #1 Exhibit Docket Sheet, #2 Exhibit Agreement and Plan of Merger)(Sosa, Jose) |
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Filing 39
PAPERLESS ORDER granting #38 Expedited Motion. Signed by Judge Raag Singhal on 3/3/2022. (pls)
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| Filing 38 EXPEDITED MOTION For Entry of Order Expanding Page Limit for Motion to Dismiss Memoranda by Robert M Calderoni, Nanci Caldwell, Citrix Systems, Inc., Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Jr, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman. (Drushal, Amy) |
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Filing 37
PAPERLESS ORDER granting #36 Motion for Extension of Time. Within fourteen (14) days after any denial, in whole or in part, of any motion to dismiss the Derivative Complaint, if applicable, the Parties shall file a joint scheduling report. Signed by Judge Raag Singhal on 3/1/2022. (pls)
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| Filing 36 Joint MOTION for Extension of Time Suspending Deadline to File Joint Scheduling Report by Hugues Gervat. Responses due by 3/14/2022 (Attachments: #1 Text of Proposed Order Exhibit "A" - Proposed Order)(Sosa, Jose) |
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Filing 35
PAPERLESS ORDER re #31 Renewed EXPEDITED MOTION to Stay this Action filed by Jesse Cohn, Robert Daleo, Moira Kilcoyne, Thomas Hogan, David J. Henshall, Mark Schmitz, Citrix Systems, Inc., Murray J. Demo, Arlen Shenkman, Nanci Caldwell, Robert M Calderoni, J Donald Sherman, Robert Knowling, Jr., Paul Hough, Ajei Gopal, Peter Sacripanti. Defendants have not proffered a sufficient basis for an expedited briefing cycle under S.D. Fla. Local Rule 7.1(d). Accordingly, Plaintiff shall have until 3/4/2022 to file a Response. Signed by Judge Raag Singhal on 2/23/2022. (pls)
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Filing 34
PAPERLESS ORDER denying as moot #30 Expedited Motion. Signed by Judge Raag Singhal on 2/23/2022. (pls)
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Filing 33
PAPERLESS ORDER granting #26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Charles A. Brown. Signed by Judge Raag Singhal on 2/23/2022. (pls)
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Filing 32
PAPERLESS ORDER granting #25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Deborah S. Birnbach. Signed by Judge Raag Singhal on 2/23/2022. (pls)
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| Filing 31 Renewed EXPEDITED MOTION to Stay this Action by Robert M Calderoni, Nanci Caldwell, Citrix Systems, Inc., Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Jr, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman. (Attachments: #1 Exhibit, #2 Exhibit)(Drushal, Amy) |
| Filing 30 Renewed EXPEDITED MOTION to Stay this Action by Robert M Calderoni, Nanci Caldwell, Citrix Systems, Inc., Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Jr, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman. (Drushal, Amy) |
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Filing 29
PAPERLESS ORDER denying without prejudice #23 Defendants' Expedited Motion. On February 21, 2022, Defendants filed an Amended Expedited Motion to Stay and Supporting Memorandum of Law (DE #23 ). The Motion seeks a stay of this entire action, but on an expedited basis with a ruling within three days, by February 25, 2022. Importantly, the Motion fails to comply with the single most important requirement of Local Rule 7.1(d)(2) governing Expedited Motions. That is, the Motion--while including the required words in its title, and setting forth a specific date by which a ruling is needed--does not set forth the reason the ruling is needed by the stated date. Expedited motions cause the court to abandon those cases currently being handled, in favor of another more important one. Such motions also force the court to rule without benefit of a thoughtful response. So, such motions are disfavored because they in essence ask the Court to micromanage cases. Perhaps there are valid reasons for an expedited ruling here, but the Court is without knowledge of them. The Motion is denied without prejudice for failure to comply with the local rules. Signed by Judge Raag Singhal on 2/22/2022. (pls)
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Filing 28
PAPERLESS ORDER denying as moot #22 Motion to Stay. Signed by Judge Raag Singhal on 2/22/2022. (pls)
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| Filing 27 Certificate of Other Affiliates/Corporate Disclosure Statement by Robert M Calderoni, Nanci Caldwell, Citrix Systems, Inc., Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Jr, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman identifying Other Affiliate Blackrock, Inc., Other Affiliate T. Rowe Price Associates, Inc., Other Affiliate The Vanguard Group, Inc. for Citrix Systems, Inc. (Drushal, Amy) |
| Filing 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles A. Brown. Filing Fee $ 200.00 Receipt # AFLSDC-15418939 by Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Jr, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman. Responses due by 3/8/2022 (Attachments: #1 Certification)(Drushal, Amy) |
| Filing 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Deborah S. Birnbach. Filing Fee $ 200.00 Receipt # AFLSDC-15418905 by Robert M Calderoni, Nanci Caldwell, Citrix Systems, Inc., Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Jr, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman. Responses due by 3/8/2022 (Attachments: #1 Certification)(Drushal, Amy) |
| Filing 24 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Hugues Gervat (Sosa, Jose) |
| Filing 23 Amended EXPEDITED MOTION to Stay this Action by Robert M Calderoni, Nanci Caldwell, Citrix Systems, Inc., Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Jr, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman. (Drushal, Amy) |
| Filing 22 Defendant's MOTION to Stay and Supporting Memorandum of Law by Citrix Systems, Inc.. Attorney Jacqueline Marie Prats added to party Citrix Systems, Inc.(pty:dft). Responses due by 3/4/2022 (Attachments: #1 Exhibit Form 8K, #2 Exhibit Press Release)(Prats, Jacqueline) |
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Filing 21
PAPERLESS ORDER granting in part and denying in part #20 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendants shall file their Response/Answer to the #1 Complaint on or before 3/7/2022. Signed by Judge Raag Singhal on 2/15/2022. (pls)
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| Filing 20 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Robert M Calderoni, Nanci Caldwell, Citrix Systems, Inc., Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Jr, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman. Attorney Amy L. Drushal added to party Robert M Calderoni(pty:dft), Attorney Amy L. Drushal added to party Nanci Caldwell(pty:dft), Attorney Amy L. Drushal added to party Citrix Systems, Inc.(pty:dft), Attorney Amy L. Drushal added to party Jesse Cohn(pty:dft), Attorney Amy L. Drushal added to party Robert Daleo(pty:dft), Attorney Amy L. Drushal added to party Murray J. Demo(pty:dft), Attorney Amy L. Drushal added to party Ajei Gopal(pty:dft), Attorney Amy L. Drushal added to party David J. Henshall(pty:dft), Attorney Amy L. Drushal added to party Thomas Hogan(pty:dft), Attorney Amy L. Drushal added to party Paul Hough(pty:dft), Attorney Amy L. Drushal added to party Moira Kilcoyne(pty:dft), Attorney Amy L. Drushal added to party Robert Knowling, Jr(pty:dft), Attorney Amy L. Drushal added to party Peter Sacripanti(pty:dft), Attorney Amy L. Drushal added to party Mark Schmitz(pty:dft), Attorney Amy L. Drushal added to party Arlen Shenkman(pty:dft), Attorney Amy L. Drushal added to party J Donald Sherman(pty:dft). (Drushal, Amy) |
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Filing 19
ORDER REQUIRING SCHEDULING REPORT Joint Scheduling Report due by 2/28/2022 Signed by Judge Raag Singhal on 2/14/2022. See attached document for full details. (pcs)
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Filing 18
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 2/14/2022. (pls)
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| Filing 17 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 2/14/2022. (pls) |
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Filing 16
PAPERLESS Order Vacating 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW, and 5 PAPERLESS PRETRIAL ORDER. Signed by Judge Raag Singhal on 2/14/2022. (pls)
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Filing 15
ORDER TRANSFERRING CASE to Judge Raag Singhal for all further proceedings, accepted and signed on 2/11/2022. Judge K. Michael Moore and Magistrate Judge Lurana S. Snow no longer assigned to case. Signed by Judge K. Michael Moore on 2/10/2022. See attached document for full details. (mc)
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| Filing 14 NOTICE OF WITHDRAWAL OF ERRONEOUSLY LABELED FILING by Hugues Gervat (Notice of Withdrawal of Notice - D.E. 12) (Sosa, Jose) Modified text on 1/31/2022 (pcs). |
| Filing 13 Notice of Pending, Refiled, Related or Similar Actions by Hugues Gervat (Sosa, Jose) |
| Filing 12 WITHDRAWN per DE #14 . Civil Complaint Cover Sheet by United States Attorney (Sosa, Jose) Modified on 1/31/2022 (pcs). |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hugues Gervat. Citrix Systems, Inc. served on 1/27/2022, response/answer due 2/17/2022. (Sosa, Jose) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Hugues Gervat's #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Timothy Brown, Esq. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #9 is GRANTED. Timothy Brown may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to tbrown@thebrownlawfirm.net. Signed by Judge K. Michael Moore on 1/27/2022. (elm)
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| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Timothy Brown. Filing Fee $ 200.00 Receipt # AFLSDC-15347942 by Hugues Gervat. Responses due by 2/9/2022 (Attachments: #1 Certification Certification of Timothy Brown, Esq., #2 Text of Proposed Order)(Sosa, Jose) |
| Filing 8 Summons Issued as to Citrix Systems, Inc.. (pcs) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Hugues Gervat re 3 Clerks Notice to Filer re: Electronic Case, Summons(es) (Sosa, Jose) |
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Filing 6
VACATED PER DE 16 .. PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Snow's discovery procedures. Signed by Judge K. Michael Moore on 1/25/2022. (elm) Modified on 2/14/2022 (lbc).
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Filing 5
VACATED PER DE 16 .. PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 1/25/2022. (elm) Modified on 2/14/2022 (lbc).
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| Filing 4 Bar Letter re: Admissions sent to attorney Timothy W. Brown, mailing date January 24, 2022. (cw) |
| Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - Summons must contain exact and complete wording from AO440 form. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) |
| Filing 1 COMPLAINT against Robert M Calderoni, Nanci Caldwell, Citrix Systems, Inc., Jesse Cohn, Robert Daleo, Murray J. Demo, Ajei Gopal, David J. Henshall, Thomas Hogan, Paul Hough, Moira Kilcoyne, Robert Knowling, Peter Sacripanti, Mark Schmitz, Arlen Shenkman, J Donald Sherman. Filing fees $ 402.00 receipt number AFLSDC-15338481, filed by Hugues Gervat. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Sosa, Jose) |
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