City of Warren Police and Fire Retirement System v. Zebra Technologies Corporation et al
| City of Warren Police and Fire Retirement System |
| Zebra Technologies Corporation, Anders Gustafsson and Michael C. Smiley |
| Steve Sylvander, Gerardo Birkenfeld and City of Taylor Police and Fire Retirement System |
| 1:2019cv05782 |
| August 28, 2019 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Harry D Leinenweber |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 51 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (kp, ) |
| Filing 49 RECEIVED from New York Eastern; Case Number 2:17-cv-04412 (kp) |
| Filing 50 MAILED Rule 83.15 letter to all counsel on record. (kp, ) |
| Case transferred to District of Northern District of Illinois. 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. (Bollbach, Jean) [Transferred from New York Eastern on 8/28/2019.] |
Filing 48
MEMORANDUM & ORDER granting DE #40 Motion to Change Venue. As set forth in the attached Memorandum & Order, Defendants' motion to change venue is granted. The Clerk of the Court is directed to transfer the case to the Northern District of Illinois. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/23/2019. (Degennaro, Christopher) [Transferred from New York Eastern on 8/28/2019.]
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Electronic ORDER: The status conference scheduled for 7/10/19 is adjourned to 10/10/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse.Ordered by Judge Sandra J. Feuerstein on 6/28/2019. (Disbrow, Sandra) [Transferred from New York Eastern on 8/28/2019.]
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ORDER granting #47 Motion to Adjourn Conference to the extent that the status conference scheduled for 4/10/19 is adjourned to 7/10/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 4/3/2019. (Disbrow, Sandra) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 47 Joint MOTION to Adjourn Conference Scheduled for April 10, 2019 by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Ducayet, James) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 46 Joint MOTION to Adjourn Conference Scheduled for December 13, 2018 by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Ducayet, James) [Transferred from New York Eastern on 8/28/2019.] |
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ORDER granting #46 Motion to Adjourn Conference. In light of the pending motion to transfer, the status conference scheduled for 12/13/18 is adjourned to 4/10/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 12/7/2018. (Disbrow, Sandra) [Transferred from New York Eastern on 8/28/2019.]
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| NOTICE of Hearing: Due to a change in the Court's calendar, the conference originally scheduled before Judge Feuerstein on 12/12/2018 is rescheduled on 12/13/2018 and converted into a telephone conference at 11:00 am. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. Plaintiff's counsel is directed to serve a copy of this notice on all parties upon receipt. c/ecf (Morabito, Bryan) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 45 REPLY in Support In further support of motion to transfer venue filed by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Stern, Andrew) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 44 AFFIDAVIT/DECLARATION in Opposition re #40 MOTION to Change Venue To transfer venue filed by City of Taylor Police and Fire Retirement System. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Rosenfeld, David) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 43 MEMORANDUM in Opposition re #40 MOTION to Change Venue To transfer venue filed by City of Taylor Police and Fire Retirement System. (Rosenfeld, David) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 42 AFFIDAVIT/DECLARATION in Support re #40 MOTION to Change Venue To transfer venue filed by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Stern, Andrew) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 41 MEMORANDUM in Support re #40 MOTION to Change Venue To transfer venue filed by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Stern, Andrew) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 40 MOTION to Change Venue To transfer venue by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Stern, Andrew) [Transferred from New York Eastern on 8/28/2019.] |
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Electronic ORDER granting #38 Motion for Extension of Time to File. The briefing schedule on the anticipated motion to dismiss is suspended and will be reset, if necessary, after determination of the motion to transfer. Ordered by Judge Sandra J. Feuerstein on 9/19/2018. (Disbrow, Sandra) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 39 Letter Requesting Approval of Briefing Schedule for Defendants' Motion to Transfer by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation (Ducayet, James) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 38 Joint MOTION for Extension of Time re #34 Letter, #35 Letter Briefing on Defendants' Motion to Dismiss Until After Defendants' Motion to Transfer is Decided by City of Taylor Police and Fire Retirement System. (Rosenfeld, David) Modified docket entry as per chambers request on 9/19/2018 (Tirado, Chelsea). [Transferred from New York Eastern on 8/28/2019.] |
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ORDER denying, without prejudice, DE #36 . Counsel's request to approve the parties' proposed briefing schedule should have been addressed to Judge Feuerstein. The Court encourages counsel to review the Judge's Individual Rules prior to refiling their application. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/13/2018. (McCuiston, Hannah) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 37 Letter / Cover Letter Opposing Defendants' Motion to Transfer by City of Taylor Police and Fire Retirement System (Rosenfeld, David) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 36 Joint MOTION to Compel Joint Letter to Magistrate Judge Honorable A. Kathleen Tomlinson Requesting Approval of a Briefing Schedule for Defendants' Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) by City of Taylor Police and Fire Retirement System. (Rosenfeld, David) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 35 Letter / Cover Letter Regarding Defendants Motion to Transfer by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation (Stern, Andrew) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 34 Letter / Cover Letter Regarding Defendants Motion to Dismiss by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation (Stern, Andrew) [Transferred from New York Eastern on 8/28/2019.] |
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Electronic ORDER granting #33 . Plaintiff's time to serve opposition to defendants' motion to dismiss is extended to 10/1/18; defendants' reply due 10/31/18. The page limits for defendants' memorandum of law and plaintiff's brief in opposition are increased as requested; defendants' reply brief shall not exceed 25 pages. The conference scheduled for 9/7/18 is adjourned to 12/12/18 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse.Ordered by Judge Sandra J. Feuerstein on 8/14/2018. c/ECF (Disbrow, Sandra) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 33 Joint MOTION for Leave to File Excess Pages for Briefs re: Motion to Dismiss, Joint MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss and to Set Deadline for Defendants' Reply to Plaintiff's Opposition, Joint MOTION to Adjourn Conference Scheduled for September 7, 2018 by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Ducayet, James) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 32 NOTICE of Appearance by Walter Carlson on behalf of Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation (notification declined or already on case) (Carlson, Walter) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 31 Corporate Disclosure Statement by Zebra Technologies Corporation (Stern, Andrew) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 30 NOTICE of Appearance by James Ducayet on behalf of Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation (notification declined or already on case) (Ducayet, James) [Transferred from New York Eastern on 8/28/2019.] |
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ORDER granting #28 Motion for Leave to Appear Pro Hac Vice; granting #29 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of counsel's original certificates of good standing. Attorney Walter C. D. Carlson and Attorney James Wallace Ducayet are permitted to argue or try this case in whole or in part as counsel or advocate. By August 21, 2018, counsel shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, counsel shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/7/2018. (McCuiston, Hannah) [Transferred from New York Eastern on 8/28/2019.]
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ORDER deferring ruling on #28 Motion for Leave to Appear Pro Hac Vice ; deferring ruling on #29 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of the motions for leave to appear pro hac vice filed by Defendants' counsel. Before the Court can rule on the motions, the Court requires that the original certificate(s) of good standing be forwarded to Chambers for review. Counsel is therefore directed to mail the original certificate(s) to the attention of the Hon. A. Kathleen Tomlinson, 100 Federal Plaza, Central Islip, NY 11722. Once the Court has received the original certificate(s), it will rule on the motions. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/3/2018. (McCuiston, Hannah) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice of James W. Ducayet Filing fee $ 150, receipt number 0207-10627827. by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Attachments: #1 Affidavit of James W. Ducayet, #2 Certificate of Good Standing (Illinois), #3 Certificate of Good Standing (New York), #4 Proposed Order to Admit Counsel Pro Hac Vice) (Ducayet, James) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice for Walter C. Carlson Filing fee $ 150, receipt number 0207-10627807. by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Attachments: #1 Affidavit of Walter C. Carlson, #2 Illinois Certificate of Good Standing, #3 Proposed Order) (Carlson, Walter) [Transferred from New York Eastern on 8/28/2019.] |
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Filing 27
ORDER granting #26 Motion to Substitute Attorney. Attorney Nathaniel Jacob Kritzer terminated. Attorney Andrew W. Stern added. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/30/2018. (Ryan, Mary) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 26 MOTION to Substitute Attorney by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Kritzer, Nathaniel) [Transferred from New York Eastern on 8/28/2019.] |
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ORDER denying, without prejudice, #25 Motion to Substitute Attorney. Applications for substitution of counsel must be signed by the client as well as by incoming and outgoing counsel. This motion may be refiled once it complies with the Court's directive. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/23/2018. (McCuiston, Hannah) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 25 MOTION to Substitute Attorney by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Kritzer, Nathaniel) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 24 NOTICE of Appearance by Andrew W. Stern on behalf of Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation (aty to be noticed) (Stern, Andrew) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 23 AMENDED COMPLAINT CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation, filed by City of Warren Police and Fire Retirement System. (Rosenfeld, David) [Transferred from New York Eastern on 8/28/2019.] |
| Case Consolidated. (Tirado, Chelsea) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 22 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff Lindsey LaMarca and David Rosenfeld, present. Counsel for Defendant Nate Kritzer, present. Initial Conference Hearing held on 4/18/2018 at 11:15 AM. Consolidated class action complaint to be filed by 6/18/18. Defendant shall have 60 days to answer or move to dismiss by 8/17/2018. Status Conference set for 9/7/2018 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein. (Ortiz, Grisel) [Transferred from New York Eastern on 8/28/2019.] |
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Filing 21
ORDER denying #11 Motion to Consolidate Cases; denying #11 Motion to Appoint Counsel ; granting #12 Motion to Appoint Counsel ; granting #12 Motion to Consolidate Cases. SO Ordered by Judge Sandra J. Feuerstein on 4/18/2018. (Tirado, Chelsea) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 20 NOTICE of Appearance by Lindsay K. La Marca on behalf of City of Taylor Police and Fire Retirement System (aty to be noticed) (La Marca, Lindsay) [Transferred from New York Eastern on 8/28/2019.] |
| NOTICE of Hearing: Initial Conference set for 4/18/2018 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff shall serve a copy of this Notice of Hearing upon defendant and file proof of such service with the Court. c/ECF (Roman, Joshua) [Transferred from New York Eastern on 8/28/2019.] |
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ORDER REFERRING MOTION: #12 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases filed by City of Taylor Police and Fire Retirement System, #11 MOTION to Consolidate Cases , Motion to Appoint Lead Plaintiff MOTION to Appoint Counsel filed by Gerardo Birkenfeld. The above referenced motions are hereby respectfully referred to Magistrate Judge Tomlinson for decision. See Martingano v. Am. Int'l Grp., Inc., No. 06 CV 1625, 2006 WL 1912724, at *1 (E.D.N.Y. July 11, 2006) (motions referred for decision). Ordered by Judge Sandra J. Feuerstein on 1/10/2018. Motions referred to A. Kathleen Tomlinson. (Roman, Joshua) [Transferred from New York Eastern on 8/28/2019.]
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ELECTRONIC ORDER OF RECUSAL. Judge Leonard D. Wexler hereby recuses himself from this matter. This case has been randomly reassigned to Judge Sandra J. Feuerstein for all further proceedings. Ordered by Judge Leonard D. Wexler on 1/2/2018. (Russo, Eric) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 19 RESPONSE to Motion re #12 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases , #11 MOTION to Consolidate Cases , Motion to Appoint Lead Plaintiff MOTION to Appoint Counsel filed by City of Taylor Police and Fire Retirement System. (Rosenfeld, David) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 18 RESPONSE to Motion re #12 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases filed by Gerardo Birkenfeld. (Miller, Kim) [Transferred from New York Eastern on 8/28/2019.] |
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Electronic ORDER: re #16 Stipulation. The briefing schedule is So Ordered. Courtesy copies of the motions shall be provided to Chambers after briefing is completed. Ordered by Judge Leonard D. Wexler on 10/18/2017. (Disbrow, Sandra) [Transferred from New York Eastern on 8/28/2019.]
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Filing 17
ORDER granting #15 Motion for Reconsideration. The Initial Conference currently scheduled for October 27, 2017 is cancelled. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/13/2017. (McCuiston, Hannah) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 16 STIPULATION by Gerardo Birkenfeld, City of Taylor Police and Fire Retirement System, Proposed Scheduling Order by Gerardo Birkenfeld, City of Taylor Police and Fire Retirement System (Miller, Kim) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 15 Letter MOTION for Reconsideration re #13 Order on Motion for Extension of Time to Answer, by City of Warren Police and Fire Retirement System. (Rudman, Samuel) [Transferred from New York Eastern on 8/28/2019.] |
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Electronic ORDER granting #9 , #10 Motion for Leave to File. The premotion conference requirement is waived, as is the requirement that motion papers be 'bundled.' The parties may agree to briefing schedules for the motions and submit them to the Court for approval. Ordered by Judge Leonard D. Wexler on 10/5/2017. (Disbrow, Sandra) [Transferred from New York Eastern on 8/28/2019.]
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Filing 14
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for October 27, 2017 at 10:30 a.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/26/2017. (McCuiston, Hannah) [Transferred from New York Eastern on 8/28/2019.]
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Filing 13
ORDER granting in part and denying in part #7 Motion for Extension of Time to Answer. The deadline for Defendants to Answer or otherwise respond to the Complaint is extended to October 17, 2017. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/26/2017. (McCuiston, Hannah) [Transferred from New York Eastern on 8/28/2019.]
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| Filing 12 MOTION to Appoint Counsel and Appoint Lead Plaintiff, MOTION to Consolidate Cases by City of Taylor Police and Fire Retirement System. (Attachments: #1 Declaration, #2 Exhibit A- Press Release, #3 Exhibit B- Certification, #4 Exhibit C- Loss Chart, #5 Exhibit D- Resume, #6 Memorandum in Support, #7 Proposed Order) (Rosenfeld, David) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 11 MOTION to Consolidate Cases , Motion to Appoint Lead Plaintiff, MOTION to Appoint Counsel by Gerardo Birkenfeld. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order) (Miller, Kim) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 10 MOTION for Leave to File by Gerardo Birkenfeld. (Miller, Kim) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 9 Letter MOTION for Leave to File by City of Warren Police and Fire Retirement System. (Rosenfeld, David) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 8 Notice of Related Case indicated on the civil cover sheet in case number 17cv4961. (Rodin, Deanna) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 7 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation. (Kritzer, Nathaniel) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 6 SUMMONS Returned Executed by City of Warren Police and Fire Retirement System. Michael C. Smiley served on 7/29/2017, answer due 8/21/2017. (Rudman, Samuel) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 5 SUMMONS Returned Executed by City of Warren Police and Fire Retirement System. Zebra Technologies Corporation served on 7/28/2017, answer due 8/18/2017. (Rudman, Samuel) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 4 Summons Issued as to All Defendants. (Attachments: #1 Summons Anders Gustafsson, #2 Summons Michael C. Smiley) (Rodin, Deanna) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) [Transferred from New York Eastern on 8/28/2019.] |
| Filing 1 COMPLAINT against Anders Gustafsson, Michael C. Smiley, Zebra Technologies Corporation filing fee $ 400, receipt number 0207-9711092 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by City of Warren Police and Fire Retirement System. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons) (Rudman, Samuel) [Transferred from New York Eastern on 8/28/2019.] |
| Case Assigned to Judge Leonard D. Wexler and Magistrate Judge A. Kathleen Tomlinson. 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. (Rodin, Deanna) [Transferred from New York Eastern on 8/28/2019.] |
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