In Re Beazer Homes USA, Inc. Derivative Litigation
Plaintiff: Phillip Gottlieb, Jared Abrams, Steamfitters Local 449 Pension & Retirement Security Funds and Krishna Patel
Defendant: Peter M. Orser, Brian C. Beazer, Stephen P. Zelnak, Jr., Elizabeth S. Acton, Laurent Alpert, Beazer Homes USA, Inc., Allan P. Merrill, Robert L. Salomon, Norma A. Provencio, Peter G. Leemputte, Danny R. Shepherd and Larry T. Solari
Case Number: 1:2019cv03377
Filed: July 25, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Michael L Brown
Referring Judge: Leigh Martin May
Nature of Suit: Securities/Commodities
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2021 Opinion or Order Filing 52 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI)
December 18, 2020 Submission of #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM The Second Amended Derivative Complaint, to District Judge Leigh Martin May. (tmf)
December 17, 2020 Filing 51 REPLY BRIEF re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM The Second Amended Derivative Complaint filed by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jr. (Pope, B.)
December 9, 2020 Opinion or Order Filing 50 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI)
December 3, 2020 Filing 49 RESPONSE in Opposition re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM The Second Amended Derivative Complaint filed by Krishna Patel, Steamfitters Local 449 Pension & Retirement Security Funds. (Herman, John)
November 19, 2020 Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM The Second Amended Derivative Complaint with Brief In Support by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jr. (Attachments: #1 Brief In Support of Motion to Dismiss The Second Amended Derivative Complaint, #2 Affidavit Declaration of Bethany M. Rezek, #3 Exhibit A-Beazer Homes 2019 10K excerpts, #4 Exhibit B-Official Proxy BZH, #5 Exhibit C-Beazer Homes 2014 10K excerpts, #6 Exhibit D-Beazer Homes 2015 10K excerpts, #7 Exhibit E-Beazer Homes 2016 10K excerpts, #8 Exhibit F-Beazer Homes 2017 10K excerpts, #9 Exhibit G-Beazer Homes 2008 10K excerpts, #10 Exhibit H-Beazer Homes 2018 10K excerpts, #11 Exhibit I-Beazer Homes 2014 10Q excerpts, #12 Exhibit J-Beazer Homes 2019 10Q excerpts, #13 Exhibit K-Beazer Homes Q2 2019 Earnings Call Transcript, #14 Exhibit L-Beazer Homes 5-2-19 8K, #15 Exhibit M-D.R. Horton 2007 10K excerpt, #16 Exhibit N-KB Home 2007 10K excerpt, #17 Exhibit O-Lennar Corp 2007 10K excerpt, #18 Exhibit P-Pulte Group Inc 2007 10K excerpt, #19 Exhibit Q-Beazer Homes 2007 10K excerpts, #20 Exhibit R-ADC 10-35)(Pope, B.)
October 29, 2020 Filing 47 First AMENDED COMPLAINT against Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jrwith Jury Demand filed by Krishna Patel, Steamfitters Local 449 Pension & Retirement Security Funds.(Herman, John) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
October 9, 2020 Opinion or Order Filing 46 ORDER granting #44 Motion for Extension of Time for Filing Amended Complaint. Plaintiffs may amend their Complaint on or before 10/29/2020. Signed by Judge Leigh Martin May on 10/09/2020. (rvb)
October 9, 2020 Filing 45 RESPONSE re #44 MOTION for Extension of Time to File Amended Complaint re: #43 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Hearing,, filed by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jr. (Pope, B.)
October 7, 2020 Filing 44 MOTION for Extension of Time to File Amended Complaint re: #43 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Hearing,, by Steamfitters Local 449 Pension & Retirement Security Funds. (Attachments: #1 Text of Proposed Order)(Jones, Carlton)
October 5, 2020 Opinion or Order Filing 43 ORDER: Defendants' Motion to Dismiss #27 is GRANTED, and Plaintiffs claims against Defendants are DISMISSED without prejudice. Plaintiffs may amend their Complaint within fourteen (14) days to address the deficiencies set out above and those raised in Defendants' Motion to Dismiss. Defendants will have twenty-one (21) days from the date the new amended Complaint is filed to file a motion to dismiss, should they choose to do so. Plaintiffs' Request for Judicial Notice #33 is GRANTED. Defendants' Motion for Oral Argument #36 is DENIED. Signed by Judge Leigh Martin May on 10/5/2020. (tmf)
September 29, 2020 Opinion or Order Filing 42 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (mmc) (ADI)
September 2, 2020 Opinion or Order Filing 41 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (mmc) (ADI)
August 4, 2020 Opinion or Order Filing 40 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (aaq) (ADI)
July 13, 2020 Opinion or Order Filing 39 FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (adg) (ADI)
July 2, 2020 Opinion or Order Filing 38 FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (rvb) (ADI)
June 4, 2020 Filing 37 RESPONSE in Opposition re #36 MOTION for Hearing Defendants' Request for Oral Argument on Motion to Dismiss the Consolidated Amended Derivative Complaint filed by Jared Abrams, Phillip Gottlieb, Krishna Patel, Steamfitters Local 449 Pension & Retirement Security Funds. (Herman, John)
June 4, 2020 Notification of Docket Correction re #36 (construed by clerk) MOTION for Hearing Defendants' Request for Oral Argument on Motion to Dismiss the Consolidated Amended Derivative Complaint re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Elizabeth S. Acton, Laurent A lpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jr (Rezek, Bethany) Modified on 6/4/2020 to edit event and text(tmf). (tmf)
June 4, 2020 Submission of #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Consolidated Amended Derivative Complaint, to District Judge Leigh Martin May. (tmf)
June 3, 2020 Filing 36 (construed by clerk) MOTION for Hearing Defendants' Request for Oral Argument on Motion to Dismiss the Consolidated Amended Derivative Complaint re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jr (Rezek, Bethany) Modified on 6/4/2020 to edit event and text(tmf).
June 3, 2020 Filing 35 REPLY BRIEF re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Consolidated Amended Derivative Complaint filed by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jr. (Rezek, Bethany)
May 27, 2020 Opinion or Order Filing 34 THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (ddm) (ADI)
May 26, 2020 Submission of #33 MOTION Request for Judicial Notice in Support of Opposition to Defendants' Motion to Dismiss the Consolidated Stockholder Derivative Complaint #32 Response in Opposition to Motion, , to District Judge Leigh Martin May. (tmf)
May 7, 2020 Filing 33 MOTION Request for Judicial Notice in Support of Opposition to Defendants' Motion to Dismiss the Consolidated Stockholder Derivative Complaint #32 Response in Opposition to Motion, by Jared Abrams, Phillip Gottlieb, Krishna Patel, Steamfitters Local 449 Pension & Retirement Security Funds. (Attachments: #1 Text of Proposed Order)(Herman, John)
May 7, 2020 Filing 32 RESPONSE in Opposition re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Consolidated Amended Derivative Complaint filed by Jared Abrams, Phillip Gottlieb, Krishna Patel, Steamfitters Local 449 Pension & Retirement Security Funds. (Attachments: #1 Declaration of John C. Herman, #2 Exhibit A to Herman Declaration, #3 Exhibit B to Herman Declaration, #4 Text of Proposed Order)(Herman, John)
May 4, 2020 Opinion or Order Filing 31 SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (adg) (ADI)
April 29, 2020 Opinion or Order Filing 30 ORDER granting #29 Motion for Extension of Time. Plaintiffs shall file their brief in opposition to defendants' Motion to Dismiss on or before May 7, 2020; and Defendants shall file their reply brief in support of their Motion to Dismiss on or before June 3, 2020. Signed by Judge Leigh Martin May on 4/29/2020. (tmf)
April 28, 2020 Filing 29 MOTION for Extension of Time to Extend Remaining Deadline on Motion to Dismiss by Steamfitters Local 449 Pension & Retirement Security Funds. (Attachments: #1 Text of Proposed Order)(Herman, John)
April 2, 2020 Opinion or Order Filing 28 Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI)
March 25, 2020 Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Consolidated Amended Derivative Complaint with Brief In Support by Beazer Homes USA, Inc.. (Attachments: #1 Brief in Support, #2 Declaration of Bethany Rezek, #3 Exhibit A - 2019 Form 10-K, #4 Exhibit B - 2019 Proxy Statement, #5 Exhibit C - Aug. 2019 Form 8-K, #6 Exhibit D - May 2019 Form 8-K, #7 Exhibit E - 2014 Form 10-K, #8 Exhibit F - 2015 Form 10-K, #9 Exhibit G - 2016 Form 10-K, #10 Exhibit H - 2017 Form 10-K, #11 Exhibit I - 2018 Form 10-K, #12 Exhibit J - 2008 Form 10-K, #13 Exhibit K - March 2014 Form 10-Q, #14 Exhibit L - Dec. 2018 Form 10-Q, #15 Exhibit M - 2019 Earnings Call, #16 Exhibit N - 2005 Charter)(Pope, B.)
March 20, 2020 Opinion or Order Filing 26 General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (tmf)
March 16, 2020 Opinion or Order Filing 25 ORDER granting #24 Motion to Appoint Lead Plaintiff and Approval of Selection of Counsel. Steamfitters Local 449 Pension & Retirement Security Fund Appointed as lead plaintiff. Steamfitters has selected Herman Jones LLP and Robbins Geller Rudman & Dowd LLP to serve as co-lead counsel. See Dkt. No. #21 . The Court approves of both firms in the capacity for which Steamfitters proposes to use them. Signed by Judge Leigh Martin May on 3/16/2020. (tmf)
March 13, 2020 Submission of #24 MOTION to Appoint Lead Plaintiff Renewed Motion to Appoint Lead Plaintiff and Approval of Selection of Counsel, to District Judge Leigh Martin May. (tmf)
February 24, 2020 Filing 24 MOTION to Appoint Lead Plaintiff Renewed Motion to Appoint Lead Plaintiff and Approval of Selection of Counsel by Steamfitters Local 449 Pension & Retirement Security Funds. (Herman, John)
February 18, 2020 Opinion or Order Filing 23 ORDER denying Plaintiff Steamfitters Local 449 Pension & Retirement Security Fund's #21 Motion to Appoint Lead Plaintiff and Approval of Selection of Counsel. Signed by Judge Leigh Martin May on 2/18/2020. (tmf)
February 18, 2020 Filing 22 AMENDED COMPLAINT Verified Consolidated Stockholder Derivative Complaint for Breach of Fiduciary Duty, Unjust Enrichment and Violations of the Federal Securities Laws against Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jrwith Jury Demand filed by Krishna Patel, Steamfitters Local 449 Pension & Retirement Security Funds.(Herman, John) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
February 14, 2020 Submission of #21 MOTION to Appoint Lead Plaintiff and Approval of Selection of Counsel, to District Judge Leigh Martin May. (tmf)
January 27, 2020 Filing 21 MOTION to Appoint Lead Plaintiff and Approval of Selection of Counsel with Brief In Support by Steamfitters Local 449 Pension & Retirement Security Funds. (Attachments: #1 Brief, #2 Affidavit Declaration of John C. Herman, #3 Exhibit A to Herman Declaration, #4 Exhibit B to Herman Declaration, #5 Text of Proposed Order)(Herman, John)
January 24, 2020 Opinion or Order Filing 20 ORDER granting #19 Motion to Amend the Order Addressing Consolidation and Scheduling Matters. All motions for designation of Lead Plaintiff and Lead Counsel shall be filed by the Plaintiffs on or before January 27,2020. Plaintiffs shall either file a Consolidated Amended Complaint or a Designated Complaint by February 17,2020. Defendants shall answer, move to dismiss, or otherwise respond to the Consolidated Amended Complaint or the Designated Complaint by March 25, 2020. In the event that Defendants move to dismiss the complaint in the above-captioned action. Plaintiffs shall file their brief in opposition to any such motion on or before April 30, 2020. In the event that Defendants move to dismiss the complaints in the above-captioned action, Defendants shall file their reply brief in support of any such motion on or before May 20, 2020. Signed by Judge Leigh Martin May on 1/24/2020. (tmf)
January 22, 2020 Filing 19 Joint MOTION to Amend Set Deadlines/Hearings,, with Brief In Support by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jr. (Attachments: #1 Text of Proposed Order)(Rezek, Bethany)
December 18, 2019 Opinion or Order Filing 18 STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 12/18/2019. (rjs)
December 18, 2019 Clerks Notation re #9 Certificate of Interested Persons, reviewed and approved by LMM. (rvb)
December 16, 2019 Opinion or Order ORAL ORDER granting #10 Application for Admission Pro Hac Vice as to Jay B. Kasner ; granting #11 Application for Admission Pro Hac Vice as to Scott D. Musoff. Approved by Judge Leigh Martin May on 12/16/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rvb)
December 13, 2019 APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Jay B. Kasner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9162633). Documents for this entry are not available for viewing outside the courthouse.. Attorney Jay B. Kasner added appearing on behalf of Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jr. (pmb)
December 13, 2019 APPROVAL by Clerks Office re: #11 APPLICATION for Admission of Scott D. Musoff Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9162636). Documents for this entry are not available for viewing outside the courthouse.. Attorney Scott D. Musoff added appearing on behalf of Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Larry T. Solari, Stephen P. Zelnak, Jr. (pmb)
December 10, 2019 Filing 17 COMPLAINT with Jury Demand (Filing fee $400, receipt number AGANDC-9005398) filed by Steamfitters Local 449 Pension & Retirement Security Funds. (Originally filed in 1:19-cv-4617 on 10/15/2019)(tmf) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
December 10, 2019 Filing 16 COMPLAINT with Jury Demand (Filing fee $400, receipt number AGANDC-8894010) filed by Jared Abrams. (Originally filed in 1:19-cv-3868 on 8/27/2019) (Attachments: #1 Plaintiff certification)(tmf) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
December 10, 2019 Filing 15 COMPLAINT with Jury Demand (Filing fee $400, receipt number AGANDC-8832768) filed by Krishna Patel. (Originally filed in 1:19-CV-3474 on 7/31/2019)(tmf) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
December 10, 2019 Opinion or Order Filing 14 ORDER granting #12 Motion to Consolidate Cases. The actions styled Phillip Gottlieb v. Beazer, et. al., Case No. 19-cv-03377-LMM; Krishna Patel v. Beazer, et. al. Case No. 19-cv-03474-LMM; Jared Abrams v. Beazer, et. al. Case No. 19- cv-03868-LMM; and Steamfitters Local 449 Pension & Retirement Security Funds v. Merrill, et al.. Civil Action No. 1:19-cv-04617-LMM are consolidated for all purposes pursuant to Federal Rule of Civil Procedure 42(a). The Clerk of Court shall administratively close Civil Action Nos 19-cv-03474-LMM, 19-cv-03868-LMM, and 19-cv-04617-LMM and all future filings in the consolidated action shall be made in Civil Action No. 19- CV-03377-LMM under the new caption: IN RE BEAZER HOMES USA, INC. DERIVATIVE LITIGATION; Consolidated Case No. 1:17-cv-03377-LMM. See order for further specifics. Signed by Judge Leigh Martin May on 12/10/2019. (tmf)
December 10, 2019 Set Deadlines/Hearings: Elizabeth S. Acton answer due 1/23/2020; Laurent Alpert answer due 1/23/2020; Brian C. Beazer answer due 1/23/2020; Beazer Homes USA, Inc. answer due 1/23/2020; Peter G. Leemputte answer due 1/23/2020; Allan P. Merrill answer due 1/23/2020; Peter M. Orser answer due 1/23/2020; Norma A. Provencio answer due 1/23/2020; Robert L. Salomon answer due 1/23/2020; Danny R. Shepherd answer due 1/23/2020; Larry T. Solari answer due 1/23/2020; Stephen P. Zelnak, Jr. answer due 1/23/2020. (tmf)
December 10, 2019 Opinion or Order Filing 13 ORDER: The undersigned RECUSES himself from the above-styled action and DIRECTS the Clerk of Court to reassign this matter in accordance with internal operating procedures. Signed by Judge Michael L. Brown on 12/10/19. (jta)
December 10, 2019 Notification of Docket Correction re #12 Joint MOTION to Consolidate Cases and for Order Addressing Scheduling MattersMOTION for Order. Two-part motion filed as one-part. The Clerk has made the necessary corrections. (jta)
December 10, 2019 Case Reassigned to Judge Leigh Martin May. Judge Michael L. Brown no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:19-cv-3377-LMM. Please make note of this change in order to facilitate the docketing of pleadings in this case. (jta)
December 9, 2019 Filing 12 Joint MOTION to Consolidate Cases and for Order Addressing Scheduling Matters with Brief In Support by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Stephen P. Zelnak, Jr. (Attachments: #1 Text of Proposed Order)(Rezek, Bethany) . Added MOTION for Order on 12/10/2019 (jta).
December 9, 2019 Filing 11 APPLICATION for Admission of Scott D. Musoff Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9162636). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Stephen P. Zelnak, Jr. (Pope, B.)
December 9, 2019 Filing 10 APPLICATION for Admission of Jay B. Kasner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9162633). Documents for this entry are not available for viewing outside the courthouse. with Brief In Support by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Stephen P. Zelnak, Jr. (Pope, B.)
October 8, 2019 Filing 9 Certificate of Interested Persons by Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Stephen P. Zelnak, Jr. (Pope, B.)
October 8, 2019 Filing 8 NOTICE of Appearance by Bethany Marie Rezek on behalf of Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Stephen P. Zelnak, Jr (Rezek, Bethany)
October 8, 2019 Filing 7 NOTICE of Appearance by B. Warren Pope on behalf of Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Beazer Homes USA, Inc., Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Stephen P. Zelnak, Jr (Pope, B.)
September 26, 2019 Filing 6 NOTICE by Phillip Gottlieb re #5 Letter re:83.1 of Withdrawal of Counsel (McKenna, Thomas)
September 19, 2019 Filing 5 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Gregory M. Egleston. Clerk to follow-up by 9/30/2019. (pmb)
August 12, 2019 Opinion or Order ORDER (by docket entry only) granting attorney Thomas James McKenna's #4 Application for Admission Pro Hac Vice on behalf of Phillip Gottlieb. Ordered by Judge Michael L. Brown on 8/12/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step. (bgt)
August 9, 2019 APPROVAL by Clerks Office re: #4 APPLICATION for Admission of Thomas James McKenna Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8844229). Documents for this entry are not available for viewing outside the courthouse.. Attorney Thomas J. McKenna added appearing on behalf of Phillip Gottlieb (pmb)
August 6, 2019 Filing 4 APPLICATION for Admission of Thomas James McKenna Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8844229). Documents for this entry are not available for viewing outside the courthouse.by Phillip Gottlieb. (Attachments: #1 Exhibit SDNY Certificate of Good Standing, #2 Exhibit Supreme Court Certificate of Good Standing)(Worley, David)
July 30, 2019 Opinion or Order Filing 3 STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 11/26/2018. (bgt)
July 25, 2019 Filing 2 Electronic Summons Issued as to Elizabeth S. Acton, Laurent Alpert, Brian C. Beazer, Peter G. Leemputte, Allan P. Merrill, Peter M. Orser, Norma A. Provencio, Robert L. Salomon, Danny R. Shepherd, Stephen P. Zelnak, Jr.. (Attachments: #1 Summons Beazer, #2 Summons Shepherd, #3 Summons Acton, #4 Summons Alpert, #5 Summons Provencio, #6 Summons Leemputte, #7 Summons Orser, #8 Summons Salomon, #9 Summons Zelnak)(tmf)

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Search for this case: In Re Beazer Homes USA, Inc. Derivative Litigation
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Defendant: Peter M. Orser
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Brian C. Beazer
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Stephen P. Zelnak, Jr.
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Elizabeth S. Acton
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Laurent Alpert
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Beazer Homes USA, Inc.
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Allan P. Merrill
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Robert L. Salomon
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Norma A. Provencio
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Peter G. Leemputte
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Danny R. Shepherd
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Defendant: Larry T. Solari
Represented By: Jay B. Kasner
Represented By: B. Warren Pope
Represented By: Bethany Marie Rezek
Represented By: Scott D. Musoff
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Plaintiff: Phillip Gottlieb
Represented By: Kristi Stahnke McGregor
Represented By: James M. Evangelista
Represented By: Gregory M. Egleston
Represented By: Thomas J. McKenna
Represented By: David James Worley
Represented By: John C. Herman
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Plaintiff: Jared Abrams
Represented By: Marion C. Passmore
Represented By: Michael A. Rogovin
Represented By: John C. Herman
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Plaintiff: Steamfitters Local 449 Pension & Retirement Security Funds
Represented By: Benny C. Goodman, III
Represented By: Erik William Luedeke
Represented By: John C. Herman
Represented By: Peter M. Jones
Represented By: Carlton R. Jones
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Plaintiff: Krishna Patel
Represented By: William Woodhull Stone
Represented By: Stephen J. Oddo
Represented By: John C. Herman
Represented By: Brian J. Robbins
Represented By: Adam Sunstrom
Represented By: Michael Ira Fistel, Jr.
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