In Re: Kraft Heinz Shareholder Derivative Litigation
| Ian Green, Charlotte Hays, Vladimir Gusinsky Revocable Trust, Stephen Silverman, Dale Waters, Richard Merritts and Steven Hill |
| Alexandre Van Damme, Gregory E. Abel, Marcel Herrmann Telles, Kraft Heinz Company, John C Pope, Mackey J. McDonald, Paulo Luiz Araujo Basilo, Christopher R. Skinger, Feroz Dewan, Jorge Paulo Lemann, Jeanne P Jackson, Alexandre Behring Da Costa, Tracy Britt Cool, Vince Garlati, David H. Knopf, George el Zoghbi, Bernardo Hees, John T. Cahill and 3G Capital, Inc. |
| 1:2020cv02259 |
| April 10, 2020 |
| U.S. District Court for the Northern District of Illinois |
| Chicago Office |
| Jorge L Alonso |
| Robert M Dow |
| Virginia M Kendall |
| Contract: Stockholders Suits |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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Filing 130
ORDER Dismissing Action. Signed by the Honorable Jorge L. Alonso on 6/5/23. Notice mailed by Judge's staff (lf, )
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***Civil Case Terminated. (lf, )
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Filing 129
STIPULATION of Dismissal (Goodman, Benny)
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Filing 128
STIPULATION And Order Regarding Third Amended Complaint. Signed by the Honorable Jorge L. Alonso on 5/5/2023. Notice mailed by Judge's staff (lf, )
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Filing 127
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' Agreed motion for entry of stipulation and proposed order regarding filing of a third amended complaint #125 is granted. Motion hearing date of 5/10/23 and status hearing date of 5/11/23 are stricken. Notice mailed by Judge's staff (lf, )
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Filing 126
NOTICE of Motion by Frank Anthony Richter for presentment of before Honorable Jorge L. Alonso on 5/10/2023 at 09:30 AM. (Richter, Frank)
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Filing 125
MOTION by Plaintiffs Stephen Silverman, Dale Waters for order AGREED MOTION FOR ENTRY OF STIPULATION AND PROPOSED ORDER REGARDING FILING OF A THIRD AMENDED COMPLAINT (Attachments: #1 Exhibit A - STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF A THIRD AMENDED COMPLAINT)(Richter, Frank)
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Filing 124
MEMORANDUM Opinion and Order: Defendants' motions to dismiss the Consolidated Verified Second Amended Complaint [ #97 , #104 ] are granted, and the complaint is dismissed without prejudice. Plaintiffs may file an amended complaint, if any, by May 1, 2023. The Court sets a status hearing for May 11, 2023 at 9:30 a.m. Signed by the Honorable Jorge L. Alonso on 3/31/2023. Notice mailed by Judge's staff (lf, )
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Filing 123
EXECUTIVE COMMITTEE ORDER: It appearing that the following related cases are currently assigned to the Hon. Elaine E. Bucklo; and It further appearing that Judge Bucklo has requested that these cases be reassigned to another judge of this Court pursuant to 28 USC 294(b); therefore It is hereby ordered that the following list of cases are to be reassigned by lot to an active district judge of this Court, pursuant to IOP 13(c)(4). Case reassigned to the Honorable Jorge L. Alonso for all further proceedings. Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Executive Committee on 11/7/2022. (lxk, )
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Filing 122
EXECUTIVE COMMITTEE ORDER: The Honorable Robert M. Dow Jr. has been appointed Counselor to the Chief Justice of the United States. As he takes on these responsibilities, the court will at this time reassign a portion of his civil and criminal cases. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1 (f). Case reassigned to the Honorable Elaine E. Bucklo for all further proceedings. Honorable Robert M. Dow, Jr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/11/2022. (td, )
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Filing 121
RESPONSE by Plaintiffs Stephen Silverman, Dale Waters to notice of filing, #120 PLAINTIFFS' RESPONSE TO NOMINAL DEFENDANT'S AND THE INDIVIDUAL DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY (Goodman, Benny)
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Filing 120
NOTICE by Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi of Supplemental Authority (Attachments: #1 Tab A)(Kramer, Daniel)
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Filing 119
REPLY by Defendant 3G Capital, Inc. to motion to dismiss #97 / REDACTED Reply Memorandum of Law in Support of 3G's Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Rogers, Brenton)
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Filing 118
SEALED REPLY by 3G Capital, Inc. to MOTION by Defendant 3G Capital, Inc. to dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint #97 / Reply Memorandum of Law in Support of 3G's Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Rogers, Brenton)
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Filing 117
AFFIDAVIT by Defendants Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi in Support of MOTION by Defendants John T. Cahill, Kraft Heinz Company, George el Zoghbi, John C Pope, Marcel Herrmann Telles, Jorge Paulo Lemann, Tracy Britt Cool, David H. Knopf, Bernardo Hees, Vince Garlati, Gregory E. Abel, Feroz Dewan, Jeanne P Jackson, Mackey J #104 (Declaration of Matthew D. Stachel) (Attachments: #1 Exhibit 8, #2 Exhibit 9)(Stachel, Matthew)
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Filing 116
REPLY by Defendants Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi to motion to dismiss, #104 (Nominal Defendant's and the Individual Defendants' Reply Memorandum of Law in Support of their Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint) (Kramer, Daniel)
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Filing 115
MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' motion for leave to file documents under seal #109 is granted. Notice of motion date of 4/8/2022 is stricken and no appearances are necessary on that date. Emailed notice (cdh, )
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Filing 114
REPLY by Stephen Silverman to MOTION by Defendants John T. Cahill, Kraft Heinz Company, George el Zoghbi, John C Pope, Marcel Herrmann Telles, Jorge Paulo Lemann, Tracy Britt Cool, David H. Knopf, Bernardo Hees, Vince Garlati, Gregory E. Abel, Feroz Dewan, Jeanne P Jackson, Mackey J #104 Plaintiffs' Memorandum of Law in Opposition to Nominal Defendant's and the Individual Defendants' Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint [REDACTED] (Richter, Frank)
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Filing 113
REPLY by Stephen Silverman to MOTION by Defendant 3G Capital, Inc. to dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint #97 Plaintiffs' Memorandum of Law in Opposition to Defendant 3G Capital's Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint [REDACTED] (Richter, Frank)
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Filing 112
SEALED REPLY by Stephen Silverman to MOTION by Defendants John T. Cahill, Kraft Heinz Company, George el Zoghbi, John C Pope, Marcel Herrmann Telles, Jorge Paulo Lemann, Tracy Britt Cool, David H. Knopf, Bernardo Hees, Vince Garlati, Gregory E. Abel, Feroz Dewan, Jeanne P Jackson, Mackey J #104 Plaintiffs' Memorandum of Law in Opposition to Nominal Defendant's and the Individual Defendants' Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Richter, Frank)
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Filing 111
SEALED REPLY by Stephen Silverman to MOTION by Defendant 3G Capital, Inc. to dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint #97 Plaintiffs' Memorandum of Law in Opposition to Defendant 3G Capital's Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Richter, Frank)
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Filing 110
NOTICE of Motion by Benny C. Goodman, III for presentment of motion to seal, #109 before Honorable Robert M. Dow Jr. on 4/8/2022 at 09:15 AM. (Goodman, Benny)
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Filing 109
MOTION by Plaintiffs Stephen Silverman, Dale Waters to seal of Plaintiffs' Memorandum of Law in Opposition to Nominal Defendant's and the Individual Defendants' Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint and Plaintiffs' Memorandum of Law in Opposition to Defendant 3G Capital's Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Goodman, Benny)
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Filing 108
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion of Defendant 3G Capital to file document under seal #103 is granted. Defendants' motions to dismiss [97, 104] are taken under advisement and will be briefed according to the previously set agreed briefing schedule. Notice of motion date of 2/2/2022 is stricken and no appearances are necessary on that date. Emailed notice (cdh, )
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Filing 107
AFFIDAVIT by Defendants Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi in Support of MOTION by Defendants John T. Cahill, Kraft Heinz Company, George el Zoghbi, John C Pope, Marcel Herrmann Telles, Jorge Paulo Lemann, Tracy Britt Cool, David H. Knopf, Bernardo Hees, Vince Garlati, Gregory E. Abel, Feroz Dewan, Jeanne P Jackson, Mackey J #104 (Declaration of Matthew D. Stachel) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Stachel, Matthew)
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Filing 106
MEMORANDUM by Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi in support of motion to dismiss, #104 (Kramer, Daniel)
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Filing 105
NOTICE of Motion by Brenton A. Rogers for presentment of motion to seal document #103 before Honorable Robert M. Dow Jr. on 2/2/2022 at 09:15 AM. (Rogers, Brenton)
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Filing 104
MOTION by Defendants John T. Cahill, Kraft Heinz Company, George el Zoghbi, John C Pope, Marcel Herrmann Telles, Jorge Paulo Lemann, Tracy Britt Cool, David H. Knopf, Bernardo Hees, Vince Garlati, Gregory E. Abel, Feroz Dewan, Jeanne P Jackson, Mackey J. McDonald, Christopher R. Skinger, Paulo Luiz Araujo Basilo, Alexandre Behring Da Costa, Alexandre Van Damme to dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Kramer, Daniel)
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Filing 103
MOTION by Defendant 3G Capital, Inc. to seal document sealed document #98 , sealed document,, #99 (Rogers, Brenton)
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Filing 102
NOTICE of Motion by Brenton A. Rogers for presentment of motion to dismiss #97 before Honorable Robert M. Dow Jr. on 2/2/2022 at 09:15 AM. (Rogers, Brenton)
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Filing 101
DECLARATION regarding motion to dismiss #97 / REDACTED Declaration of Kevin M. Neylan, Jr. in Support of 3G's Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17- Under Seal, #18 Exhibit 18- Under Seal, #19 Exhibit 19- Under Seal, #20 Exhibit 20- Under Seal, #21 Exhibit 21- Under Seal)(Neylan, Kevin)
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Filing 100
MEMORANDUM by 3G Capital, Inc. in support of motion to dismiss #97 / REDACTED Memorandum of Law in Support of Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Rogers, Brenton)
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Filing 99
SEALED DOCUMENT by Defendant 3G Capital, Inc. / Declaration of Kevin M. Neylan, Jr. in Support of 3G's Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Neylan, Kevin)
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Filing 98
SEALED DOCUMENT by Defendant 3G Capital, Inc. / Memorandum of Law in Support of Motion to Dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Rogers, Brenton)
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Filing 97
MOTION by Defendant 3G Capital, Inc. to dismiss the Consolidated Verified Second Amended Stockholder Derivative Complaint (Rogers, Brenton)
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Filing 96
MINUTE entry before the Honorable Robert M. Dow, Jr: Joint motion for leave to file oversized briefs #94 is granted. Defendants may file opening memoranda of law totaling up to eighty (80) pages in support of their motions to dismiss; Plaintiffs may file answering memoranda of law totaling up to eighty (80) pages in opposition to Defendants' motions to dismiss; and Defendants may file reply memoranda of law totaling up to forty (40) pages. Notice of motion date of 1/14/2022 is stricken and no appearances are necessary on that date. Motion to appear pro hac vice #91 is granted.Emailed notice (cdh, )
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Filing 95
NOTICE of Motion by Daniel J Kramer for presentment of motion for leave to file excess pages, #94 before Honorable Robert M. Dow Jr. on 1/14/2022 at 09:15 AM. (Kramer, Daniel)
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Filing 94
MOTION by Defendants Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi for leave to file excess pages (JOINT MOTION) (Kramer, Daniel)
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Filing 93
MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the initial status report #92 , the case will proceed on the existing briefing schedule [see 85] on the anticipated motions to dismiss. Emailed notice (cdh, )
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Filing 92
STATUS Report ; Joint Initial by Stephen Silverman, Dale Waters (Houston, Matthew)
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Filing 91
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18932080. (Yates, Alfred)
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Filing 90
MINUTE entry before the Honorable Robert M. Dow, Jr: Motions by Sandra C. Goldstein, Stefan H. Atkinson, and Kevin M. Neylan, Jr for leave to appear pro hac vice on behalf of 3G Capital, Inc. #87 , #88 , #89 are granted. Emailed notice (cdh, )
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Filing 89
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18926447. (Neylan, Kevin)
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Filing 88
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18926423. (Atkinson, Stefan)
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Filing 87
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18926378. (Goldstein, Sandra)
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Filing 86
ATTORNEY Appearance for Defendant 3G Capital, Inc. by Brenton A. Rogers (Rogers, Brenton)
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Filing 85
MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' motion for leave to file amended complaint under seal, along with a public version #79 is granted. Defendants' motion for extension of time and to set agreed briefing schedule #83 is granted. By agreement of the parties, Nominal Defendant and Defendants shall have until January 21, 2022 to move, answer, or otherwise respond to the Complaint; if Nominal Defendant and Defendants move to dismiss in response to the Complaint, Lead Plaintiffs shall have until March 22, 2022 to file their opposition to the motion(s) to dismiss; Nominal Defendant and Defendants shall have until May 6, 2022 to file any reply in further support of their motion(s) to dismiss. Notice of motion date of 11/30/2021 is stricken and no appearances are necessary on that date. Emailed notice (cdh, )
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Filing 84
NOTICE of Motion by Daniel J Kramer for presentment of extension of time,, #83 before Honorable Robert M. Dow Jr. on 11/30/2021 at 09:15 AM. (Kramer, Daniel)
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Filing 83
MOTION by Defendants Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi for extension of time for Defendants and Nominal Defendant to Respond to the Verified Consolidated Second Amended Stockholder Derivative Complaint and Setting Subsequent Briefing Deadlines (Attachments: #1 Stipulation and [Proposed] Order)(Kramer, Daniel)
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Filing 82
ATTORNEY Appearance for Plaintiff Charlotte Hays by Michael Ira Fistel, Jr (Fistel, Michael)
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Filing 81
SEALED DOCUMENT by Plaintiffs Ian Green, Charlotte Hays, Stephen Silverman, Vladimir Gusinsky Revocable Trust, Dale Waters, Richard Merritts, Steven Hill Amended Complaint (Houston, Matthew)
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Filing 80
DECLARATION of Matthew M. Houston regarding motion for leave to file #79 document (Amended Complaint) under seal (Houston, Matthew)
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Filing 79
MOTION by Plaintiffs Stephen Silverman, Dale Waters for leave to file Document (Amended Complaint) Under Seal (Attachments: #1 Redacted (Public Version) Amended Complaint)(Houston, Matthew)
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Filing 78
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion by Shane P. Sanders for leave to appear pro hac vice on behalf of Ian Green #75 is granted. Motion by Benjamin I. Sachs-Michaels for leave to appear pro hac vice on behalf of Dale Waters #77 is granted. Emailed notice (cdh, )
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Filing 77
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18888355. (Sachs-Michaels, Benjamin)
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Filing 76
MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr on 10/21/2021. This shareholder derivative litigation stems from the 2015 merger of Kraft Foods Group, Inc. with The H.J. Heinz Company to form the Kraft Heinz Company ("Kraft Heinz" or the "Company"). Before the Court are opposing motions for appointment of lead plaintiff and counsel.1 For the reasons below, the Court grants Plaintiff Stephen Silverman's motion to appoint lead plaintiff and lead counsel 237 and Plaintiff Dale Waters' motion to join as colead plaintiff and appoint co-lead counsel 246 and denies Plaintiff Richard Merritts' motion to appoint lead plaintiff and counsel 232 . Lead Plaintiffs and counsel are given leave to file a consolidated amended complaint by November 22, 2021. A joint status report including a proposed case management plan is due by December 6, 2021. Emailed notice(cdh, )
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Filing 75
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18526579. (Attachments: #1 Exhibit A)(Sanders, Shane)
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Filing 74
ORDER: Motion for leave to withdraw Attorney Steven Wedeking as counsel for Plaintiff Ian Green #73 is granted. Signed by the Honorable Robert M. Dow, Jr on 7/20/2021: Mailed notice(daj, )
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Filing 73
MOTION by Attorney Steven R. Wedeking to withdraw as attorney for Ian Green. No party information provided (Smith, Craig)
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Filing 72
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket)
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Filing 71
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, )
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Filing 70
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Robert M. Dow, Jr for all further proceedings. Case is related to 19-cv-1339. Honorable Virginia M. Kendall no longer assigned to the case. Signed by Executive Committee on 5/12/2020. (mc, )
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Filing 68
MINUTE entry before the Honorable Virginia M. Kendall. Attorneys Benny Goodman and Erik W. Luedeke's Motions to appear pro hac vice #64 and #65 are granted. Mailed notice (lk, )
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Filing 69
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, )
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Filing 67
ATTORNEY Appearance for Plaintiff Ian Green by Craig W. Smith (Smith, Craig)
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Filing 66
ATTORNEY Appearance for Plaintiff Ian Green by Steven R. Wedeking, II (Wedeking, Steven)
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Filing 65
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16953499. (Luedeke, Erik)
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Filing 64
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16953483. (Goodman, Benny)
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Filing 63
CORPORATE DISCLOSURE STATEMENT by Kraft Heinz Company (Kramer, Daniel)
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Filing 62
ATTORNEY Appearance for Defendants Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi by Gabriel Gillett (Gillett, Gabriel)
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Filing 61
ATTORNEY Appearance for Defendants Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi by Howard Steven Suskin (Suskin, Howard)
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Filing 60
ATTORNEY Appearance for Defendants Gregory E. Abel, Paulo Luiz Araujo Basilo, John T. Cahill, Tracy Britt Cool, Alexandre Behring Da Costa, Feroz Dewan, Vince Garlati, Bernardo Hees, Jeanne P Jackson, David H. Knopf, Kraft Heinz Company, Jorge Paulo Lemann, Mackey J. McDonald, John C Pope, Christopher R. Skinger, Marcel Herrmann Telles, Alexandre Van Damme, George el Zoghbi by Dean Nicholas Panos (Panos, Dean)
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Filing 59
MINUTE entry before the Honorable Virginia M. Kendall. Attorneys Andrew Ehrlich, Daniel Kramer, William Clareman and Matthew Stachel's Motions to appear pro hac vice #55 , #56 , #57 and #58 are granted.Mailed notice (lk, )
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Filing 58
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16945686. (Stachel, Matthew)
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Filing 57
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16945564. (Clareman, William)
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Filing 56
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16945459. (Kramer, Daniel)
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Filing 55
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16945309. (Ehrlich, Andrew)
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Filing 54
MINUTE entry before the Honorable Virginia M. Kendall. Attorneys Steven R. Wedeking and Craig Smith's Motions to appear pro hac vice #52 and #53 are granted. Mailed notice (lk, )
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Filing 53
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16939994. (Attachments: #1 Exhibit Attachment A)(Smith, Craig)
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Filing 52
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16939815. (Attachments: #1 Exhibit Attachment A)(Wedeking, Steven)
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Filing 51
ATTORNEY Appearance for Plaintiff Charlotte Hays by Michael Ira Fistel, Jr (Fistel, Michael)
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Filing 50
ATTORNEY Appearance for Plaintiff Stephen Silverman by Frank Anthony Richter (Richter, Frank)
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Filing 49
MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 7/9/2020 at 9:00 a.m. Joint Status Report due by 7/6/2020. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, )
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Filing 48
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, )
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Filing 47
MAILED Rule 83.15 Letter to all counsel on record. (kp, )
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Filing 46
RECEIVED from Pennsylvania Western; Case Number 2:19-cv-00549 (kp)
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Filing 45
ORDER. The Defendants' Motions to Transfer at No. 2:19-cv-00307, ECF No. 50 and No. 2:19-cv-00549, ECF No. #30 are hereby GRANTED, consistent with this Court's Opinion of this date. A Motion to Appoint Lead Counsel was filed in the action at No. 2:19-cv-00433 on June 14, 2019. (No. 19-433, ECF No. 35.) That action, however, has since been voluntarily dismissed and was de-consolidated from the matters pending at No. 2:19-cv-00549. (No. 19-549, Order, ECF No. 20.) As such, the Court no longer views the Motion at No. 2:19-cv-00433, ECF No. 35 to be "live," but to the extent that it is, any such Motion is hereby DISMISSED without prejudice, in that the transferee Court is the appropriate forum to consider such Motion now that all (federal) actions revolving around the alleged misstatements and/or omissions are pending before that Court.The Clerk of Court shall transfer the actions at No. 2:19-cv-00307 and No. 2:19-cv-00549, and all actions consolidated with them, specifically Silverman v. Behring, No. 2:19-cv-00574 and Green v. Behring, No. 2:19-cv-00613, FORTHWITH to the United States District Court for the Northern District of Illinois, as related to Hedick v. Kraft Heinz Co., No. 1:19-cv-01339 (N.D. Ill.). Signed by Chief Judge Mark R. Hornak on 4/9/20. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 44
OPINION. Signed by Chief Judge Mark R. Hornak on 4/9/20. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) [Transferred from Pennsylvania Western on 4/10/2020.]
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #43 Notice. ERROR: Notice to Court of name change of law firm and updated contact information. CORRECTION: Filer advised each filer are responsible for updating their address and contact information in Utilities, Manage my Account. This message is for informational purposes only. (jd) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 43
NOTICE of Firm Name Change by IAN GREEN (Wedeking, Steven) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 42
DECLARATION re #41 Reply to Response to Motion, by GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, ALEXANDRE BEHRING DA COSTA, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME Affiant: William A. Clareman. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 41
REPLY to Response to Motion re #30 Motion to Transfer Case, filed by GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, ALEXANDRE BEHRING DA COSTA, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 40
DECLARATION re #38 Response in Opposition Declaration of Stephen Silverman by IAN GREEN, CHARLOTTE HAYS, STEPHEN SILVERMAN, VLADIMIR GUSINSKY REVOCABLE TRUST. (Goodman, Benny) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 39
DECLARATION re #38 Response in Opposition Declaration of Benny C. Goodman III in Support of Plaintiffs' Response in Opposition to Defendants' Motion to Transfer Venue to the Northern District of Illinois by IAN GREEN, CHARLOTTE HAYS, STEPHEN SILVERMAN, VLADIMIR GUSINSKY REVOCABLE TRUST. (Attachments: #1 Exhibit A - Relevant excerpt from Kraft Heinz 2018 Annual Report Form 10-K, #2 Exhibit B - Relevant excerpts from Kraft Heinz 2016-2019 Proxy Statements) (Goodman, Benny) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 38
RESPONSE IN OPPOSITION to #30 Motion to Transfer Case,, filed by IAN GREEN, CHARLOTTE HAYS, STEPHEN SILVERMAN, VLADIMIR GUSINSKY REVOCABLE TRUST. (Goodman, Benny) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 37
ORDER GRANTING #33 Motion to Approve Briefing Schedule. Response to #30 Motion to Transfer due by 9/13/2019; Reply due by 10/11/2019. Signed by Chief Judge Mark R. Hornak on 08/02/19. (eca) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 36
DECLARATION re #35 Response, Declaration of Erik W. Luedeke in Support of Plaintiffs' Response to Defendants' Position Statement Regarding Plaintiffs' Lead Counsel Motion and Defendants' Statement in Further Support of Their Position Regarding the Appointment of Lead Counsel by IAN GREEN, CHARLOTTE HAYS, STEPHEN SILVERMAN, VLADIMIR GUSINSKY REVOCABLE TRUST. (Attachments: #1 Exhibit A, #2 Exhibit B) (Luedeke, Erik) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 35
RESPONSE Plaintiffs' Response to Defendants' Position Statement Regarding Plaintiffs' Lead Counsel Motion and Defendants' Statement in Further Support of Their Position Regarding the Appointment of Lead Counsel to #21 Response, #28 Response,, filed by IAN GREEN, CHARLOTTE HAYS, STEPHEN SILVERMAN, VLADIMIR GUSINSKY REVOCABLE TRUST. (Luedeke, Erik) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 34
Proposed Order re #33 Motion to Approve Briefing Schedule, by GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Clareman, William) Modified text on 8/2/2019. (jd) [Transferred from Pennsylvania Western on 4/10/2020.]
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #33 Motion for Miscellaneous Relief,. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (jd) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 33
Joint MOTION to Approve Briefing Schedule and [Proposed] Order by GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Clareman, William) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 32
DECLARATION re #30 MOTION to Transfer Case to the Northern District of Illinois by GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME Affiant: Anna Oliveira. (Attachments: #1 Exhibit A) (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 31
BRIEF in Support re #30 Motion to Transfer Case, filed by GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 30
MOTION to Transfer Case to the Northern District of Illinois by GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Attachments: #1 Proposed Order) (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 29
AMENDED COMPLAINT Consolidated Verified Stockholder Derivative Complaint for Breach of Fiduciary Duty, Unjust Enrichment, and Contribution for Violations of Federal Securities Laws against GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, ALEXANDRE BEHRING DA COSTA, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME, filed by STEPHEN SILVERMAN, VLADIMIR GUSINSKY REVOCABLE TRUST, IAN GREEN, CHARLOTTE HAYS. (Luedeke, Erik) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 28
RESPONSE Defendants' Statement in Further Support of Their Position Regarding the Appointment of Lead Counsel filed by GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, ALEXANDRE BEHRING DA COSTA, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 27
ORDER. On or before 7/24/19, Defendants shall file a statement of authorities of not more than 5 pages setting forth what legal authority, if any, they have for the proposition that the Court should defer ruling on the Lead Counsel Motion until after their motions to reunite all actions and transfer them to Chicago can be decided. Such statement shall also include a brief description of the procedural mechanism that they believe would allow the Court to "reunite" the currently pending derivative cases in this District with a case that was refiled in the Southern District of New York. On or before 8/1/19, Plaintiffs shall file a response of not more than 15 pages to #21 Defendants' Position Statement Regarding Plaintiffs' Lead Counsel Motion and the statement of Defendants ordered above. Signed by Chief Judge Mark R. Hornak on 7/18/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 26
NOTICE of Appearance by William A. Clareman on behalf of GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, JEANNE P. JACKSON, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Clareman, William) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 25
NOTICE of Appearance by Andrew J. Ehrlich on behalf of GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, JEANNE P. JACKSON, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Ehrlich, Andrew) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 24
NOTICE of Appearance by Daniel J. Kramer on behalf of GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, JEANNE P. JACKSON, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 23
NOTICE of Appearance by Roy W. Arnold on behalf of GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, JEANNE P. JACKSON, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Arnold, Roy) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 22
NOTICE of Appearance by Shawna J. English on behalf of GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, FEROZ DEWAN, JEANNE P. JACKSON, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (English, Shawna) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 21
RESPONSE Defendants' Position Statement Regarding Plaintiffs' Lead Counsel Motion filed by GREGORY E. ABEL, PAULO LUIZ ARAUJO BASILO, JOHN T. CAHILL, TRACY BRITT COOL, ALEXANDRE BEHRING DA COSTA, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 20
ORDER. Based on the filing of the Notice of Voluntary Dismissal (ECF No. 33 at 19-433); and, the Notice of Voluntary Dismissal (ECF No. 34 at 19-433), it is hereby ORDERED that #19 Order, is hereby AMENDED as follows: (1) docket numbers 19-549; 19-574; and, 19-613 are hereby CONSOLIDATED at 19-549, the lead case. (2) Any additional stockholder derivative cases filed in or transferred to this Court in the future which involve common questions of law or fact as these consolidated Derivative Actions shall be consolidated with No. 19-549. The balance of #19 Order, remains unchanged. Signed by Chief Judge Mark R. Hornak on 6/25/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 19
ORDER. It is hereby ORDERED as follows: (1) Docket numbers 19-433; 19;-549; 19-567; 19-574 are hereby CONSOLIDATED; (2) Any additional stockholder derivative cases filed in or transferred to this Court in the future which involve common questions of law or fact as these consolidated Derivative Actions shall be consolidated with No. 19-433. (3) As to the existing Complaints in the above- captioned cases, any obligation to respond under Rule 12 is hereby held in abeyance pending further Order of the Court. (4) On or before June 14, 2019, Plaintiffs in the above-captioned cases shall file any motions for appointment of Lead Plaintiff and Lead Counsel. (5) On or before June 28, 2019, Defendants shall file statements of position as to the motions for appointment of Lead Plaintiff and Lead Counsel. Signed by Chief Judge Mark R. Hornak on 6/5/19. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 18
Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 6/4/19. (Court Reporter: Karen Earley) (jad) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 17
STATUS REPORT (Joint) by GREGORY E. ABEL, ARAUJO BASILO, JOHN T. CAHILL,, TRACY BRITT COOL, ALEXANDRE BEHRING DA COSTA, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, PAULO LUIZ, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME. (Attachments: #1 Exhibit A, #2 Exhibit B) (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 16
ORDER GRANTING #13 Motion for William A. Clareman to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 5/16/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 15
ORDER GRANTING #12 Motion for Andrew J. Ehrlich to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 5/16/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 14
ORDER GRANTING #11 Motion for Daniel J. Kramer to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 5/16/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 13
MOTION for attorney William Clareman to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5139970) by ARAUJO BASILO, ALEXANDRE BEHRING DA COSTA, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, DAVID H. KNOPF, KRAFT HEINZ COMPANY, CHRISTOPHER R. SKINGER. (Attachments: #1 Declaration, #2 Proposed Order) (Clareman, William) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 12
MOTION for attorney Andrew J. Ehrlich to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5139966) by ARAUJO BASILO, ALEXANDRE BEHRING DA COSTA, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, DAVID H. KNOPF, KRAFT HEINZ COMPANY, CHRISTOPHER R. SKINGER. (Attachments: #1 Declaration, #2 Proposed Order) (Ehrlich, Andrew) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 11
MOTION for attorney Daniel J. Kramer to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5139959) by ARAUJO BASILO, ALEXANDRE BEHRING DA COSTA, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, DAVID H. KNOPF, KRAFT HEINZ COMPANY, CHRISTOPHER R. SKINGER. (Attachments: #1 Declaration, #2 Proposed Order) (Kramer, Daniel) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 10
Disclosure Statement identifying Defendant The Kraft Heinz Company is a publicly traded corporation, that it has no parent company, and that the following publicly held corporation owns 10% or more of its stock: Berkshire Hathaway, Inc. Undersigned counsel further certifies that Defendant The Kraft Heinz Company has four subsidiaries or affiliates that have issued debt securities (but not shares) to the public: Kraft Heinz Foods Company, Kraft Heinz Canada ULC, Heinz Brasil, S.A., and H.J. Heinz Finance UK Plc. as corporate parent or other affiliate, by KRAFT HEINZ COMPANY. (Arnold, Roy) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 9
NOTICE of Appearance by Shawna J. English on behalf of ARAUJO BASILO, ALEXANDRE BEHRING DA COSTA, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, DAVID H. KNOPF, KRAFT HEINZ COMPANY, CHRISTOPHER R. SKINGER. (English, Shawna) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 8
NOTICE of Appearance by Roy W. Arnold on behalf of ARAUJO BASILO, ALEXANDRE BEHRING DA COSTA, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, DAVID H. KNOPF, KRAFT HEINZ COMPANY, CHRISTOPHER R. SKINGER. (Arnold, Roy) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 7
ORDER. The filing of any Rule 12 responses shall be held in abeyance pending further Order of the Court. On or before 5/30/19, counsel in cases 19-cv-307, 19-cv-433, 19-cv-549, and any other related case that may be filed in the Western District of Pennsylvania before that date, shall confer and file a joint status report, and may file any joint stipulations related to the coordination of the cases. A Telephonic Status Conference is hereby scheduled for 6/4/19 at 4:30 P.M. Please refer to #4 AT&T Scheduling Notice and use dial-in no. 2 for this conference. Signed by Chief Judge Mark R. Hornak on 5/14/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 6
Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 5/13/19. (Court Reporter: Karen Earley) (jad) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 5
SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for THIS DATE, 5/13/19, at 1:00 PM before Chief Judge Mark R. Hornak. The conference will be held jointly with 2:19-cv-214 and 2:19-cv-307. Please refer to #4 AT&T Scheduling Notice and use dial-in no. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 5/13/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 4
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 3
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 5/13/19. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 2
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (bdb) [Transferred from Pennsylvania Western on 4/10/2020.]
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Filing 1
COMPLAINT against GREGORY E. ABEL, ARAUJO BASILO, JOHN T. CAHILL,, TRACY BRITT COOL, ALEXANDRE BEHRING DA COSTA, FEROZ DEWAN, GEORGE EL ZOGHBI, VINCE GARLATI, BERNARDO HEES, JEANNE P. JACKSON, DAVID H. KNOPF, KRAFT HEINZ COMPANY, JORGE PAULO LEMANN, PAULO LUIZ, MACKEY J. MCDONALD, JOHN C. POPE, CHRISTOPHER R. SKINGER, MARCEL HERRMANN TELLES, ALEXANDRE VAN DAMME (Filing fee, including Administrative fee, $400, receipt number 0315-5132118), filed by VLADIMIR GUSINSKY REVOCABLE TRUST. (Attachments: #1 Civil Cover Sheet) (jd) [Transferred from Pennsylvania Western on 4/10/2020.]
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