Graney v. Restaurant Brands International Inc. et al
| Paul J Graney |
| Matthew Dunnigan, Restaurant Brands International Inc., Alexandre Macedo, Jose E Cil and Joshua Kobza |
| 1:2021cv20508 |
| February 5, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Securities/Commodities |
| 15 U.S.C. § 0078 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2021. A more recent docket listing may be available from PACER.
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Filing 26
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion for Daniel J. Kramer to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #23 . 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 #23 is GRANTED. Daniel J. Kramer may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to dkramer@paulweiss.com. Signed by Chief Judge K. Michael Moore on 3/24/2021. (hwr)
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion for Audra J. Soloway to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #22 . 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 #22 is GRANTED. Audra J. Soloway may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to asoloway@paulweiss.com. Signed by Chief Judge K. Michael Moore on 3/24/2021. (hwr)
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion for Christopher L. Filburn to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #21 . 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 #21 is GRANTED. Christopher L. Filburn may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to cfilburn@paulweiss.com. Signed by Chief Judge K. Michael Moore on 3/24/2021. (hwr)
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| Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel J. Kramer. Filing Fee $ 200.00 Receipt # AFLSDC-14546661 by Jose E Cil, Matthew Dunnigan, Joshua Kobza, Alexandre Macedo, Restaurant Brands International Inc.. Responses due by 4/6/2021 (Attachments: #1 Text of Proposed Order)(Joblove, Michael) |
| Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Audra J. Soloway. Filing Fee $ 200.00 Receipt # AFLSDC-14546585 by Jose E Cil, Matthew Dunnigan, Joshua Kobza, Alexandre Macedo, Restaurant Brands International Inc.. Responses due by 4/6/2021 (Attachments: #1 Text of Proposed Order)(Joblove, Michael) |
| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher L. Filburn. Filing Fee $ 200.00 Receipt # AFLSDC-14546481 by Jose E Cil, Matthew Dunnigan, Joshua Kobza, Alexandre Macedo, Restaurant Brands International Inc.. Responses due by 4/6/2021 (Attachments: #1 Text of Proposed Order)(Joblove, Michael) |
| Filing 20 NOTICE of Attorney Appearance by Michael D Joblove on behalf of Jose E Cil, Matthew Dunnigan, Joshua Kobza, Alexandre Macedo, Restaurant Brands International Inc.. Attorney Michael D Joblove added to party Jose E Cil(pty:dft), Attorney Michael D Joblove added to party Matthew Dunnigan(pty:dft), Attorney Michael D Joblove added to party Joshua Kobza(pty:dft), Attorney Michael D Joblove added to party Alexandre Macedo(pty:dft), Attorney Michael D Joblove added to party Restaurant Brands International Inc.(pty:dft). (Joblove, Michael) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion to Stay Compliance With Certain Pretrial Procedures and Obligations and for Schedule for Filing of Amended Complaint. #15 . Therein, Lead Plaintiff "requests that the court set a deadline of April 26, 2021 for Lead Plaintiff to file an amended complaint" and the Parties request that the Court stay "all of the pretrial procedures and obligations set forth under Fed. R. Civ. P. 16 and 26(a) and (f), Local Rule 16.1B, this Court's February 8, 2021 Order, and all other discovery and disclosure obligations... until this Court rules on the Defendants' anticipated motion to dismiss the [forthcoming] amended complaint." Id. at 3. The Private Securities Litigation Reform Act provides that "[i]n any private action arising under this chapter, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party." 15 U.S.C. 78u-4(b)(3)(B). Here, "Lead Plaintiff intends to file an amended complaint and requires sufficient time to conduct an investigation." #15 at 3. Lead Plaintiff proposes to do so on or before April 26, 2021, and believes that the proposed schedule is reasonable because (1) "this case is a complex securities fraud action subject to heightened pleading standards under the Reform Act"; (2) this case "involves a corporate defendant... which is headquartered and has extensive operations in Canada"; (3) this case "asserts claims against four corporate officer defendants"; and (4) "COVID-19-related logistical challenges arising from ongoing office closures" support the requested timeframe. Id. Further, Defendants intend to file a motion to dismiss the forthcoming amended complaint, and "[t]he Parties agree that Defendants should not be required to answer or otherwise respond to the initial complaint." Id. Given the procedural posture of this case, a stay of the pretrial procedures and obligations is warranted here. See 78u-4(b)(3)(B). Accordingly, UPON CONSIDERATION of the Motion #15 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties' Joint Motion to Stay Compliance With Certain Pretrial Procedures and Obligations and for Schedule for Filing of Amended Complaint #15 is GRANTED. Defendants shall not be required to respond to the initial Complaint #1 in this action unless it is designated the operative complaint by Lead Plaintiff. Defendants shall respond to the forthcoming amended complaint thirty (30) calendar days after it is filed or designated. If any Defendant files a motion to dismiss, Lead Plaintiff shall file any opposition within twenty (20) calendar days and Defendants shall file any replies twenty (20) calendar days thereafter. All of the pretrial procedures and obligations set forth under Fed. R. Civ. P. 16 and 26(a) and (f), Local Rule 16.1B, this Court's Scheduling Order 5 , and all other discovery and disclosure obligations, are STAYED until this Court rules on the forthcoming motion to dismiss. Signed by Chief Judge K. Michael Moore on 3/17/2021. (hwr)
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Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon Lead Plaintiff's Motion for Geoffrey C. Jarvis to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #14 . 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 #14 is GRANTED. Geoffrey C. Jarvis may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to gjarvis@ktmc.com. Signed by Chief Judge K. Michael Moore on 3/16/2021. (hwr)
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Lead Plaintiff's Motion for Nathan A. Hasiuk to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #13 . 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 #13 is GRANTED. Nathan A. Hasiuk may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to nhasiuk@ktmc.com. Signed by Chief Judge K. Michael Moore on 3/16/2021. (hwr)
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon Lead Plaintiff's Motion for Kevin E.T. Cunningham, Jr. to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #12 . 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 #12 is GRANTED. Kevin E.T. Cunningham, Jr. may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to kcunningham@ktmc.com. Signed by Chief Judge K. Michael Moore on 3/16/2021. (hwr)
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| Filing 15 Joint MOTION to Stay COMPLIANCE WITH CERTAIN PRETRIAL PROCEDURES AND OBLIGATIONS AND FOR SCHEDULE FOR FILING OF AMENDED COMPLAINT by Paul J Graney. Responses due by 3/29/2021 (Attachments: #1 Text of Proposed Order)(Bower, Zachary) |
| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Geoffrey C. Jarvis. Filing Fee $ 200.00 Receipt # AFLSDC-14522238 by Paul J Graney. Responses due by 3/29/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Bower, Zachary) |
| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nathan A. Hasiuk. Filing Fee $ 200.00 Receipt # AFLSDC-14522222 by Paul J Graney. Responses due by 3/29/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Bower, Zachary) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kevin E.T. Cunningham, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-14522198 by Paul J Graney. Responses due by 3/29/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Bower, Zachary) |
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Filing 11
ORDER GRANTING #7 MOTION to Appoint Lead Plaintiff Paul J. Graney; GRANTING #7 MOTION to Appoint Lead Counsel Kessler Topaz Meltzer & Check LLP and Pomerantz LLP. Signed by Chief Judge K. Michael Moore on 3/10/2021. See attached document for full details. (hwr)
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Tamar A. Weinrib to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #9 . 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. Tamar A. Weinrib may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to taweinrib@pomlaw.com. Signed by Chief Judge K. Michael Moore on 3/10/2021. (hwr)
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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 Tamar A. Weinrib. Filing Fee $ 200.00 Receipt # AFLSDC-14507165 by Paul J Graney. Responses due by 3/23/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Bower, Zachary) |
| Filing 8 RESPONSE in Support re #7 MOTION to Appoint Lead Plaintiff Paul J. Graney MOTION to Appoint Lead Counsel Kessler Topaz Meltzer & Check, LLP and Pomerantz LLP and Carella Byrne Cecchi Olstein Brody & Agnello, P.C. as Liaison Counsel filed by Paul J Graney. (Bower, Zachary) |
| Filing 7 MOTION to Appoint Lead Plaintiff Paul J. Graney ( Responses due by 3/5/2021), MOTION to Appoint Lead Counsel Kessler Topaz Meltzer & Check, LLP and Pomerantz LLP and Carella Byrne Cecchi Olstein Brody & Agnello, P.C. as Liaison Counsel by Paul J Graney. (Attachments: #1 Memorandum, #2 Certification, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Text of Proposed Order)(Bower, Zachary) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN FLEISCHER LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren Fleischer Louis 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 Lauren Fleischer Louis' discovery procedures. Signed by Chief Judge K. Michael Moore on 2/8/2021. (hwr)
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Filing 5
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 Chief Judge K. Michael Moore on 2/8/2021. (hwr)
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| Filing 4 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (pcs) |
| Filing 3 Summons Issued as to Jose E Cil, Matthew Dunnigan, Joshua Kobza, Alexandre Macedo, Restaurant Brands International Inc.. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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 Jose E Cil, Matthew Dunnigan, Joshua Kobza, Alexandre Macedo, Restaurant Brands International Inc.. Filing fees $ 402.00 receipt number AFLSDC-14343483, filed by Paul J Graney. (Attachments: #1 Civil Cover Sheet, #2 Certification, #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s))(Bower, Zachary) |
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