In re: Exelon Corporation Derivative Litigation
| James Clem, Benjamin Jason Wax, Michael Dybas, William Grunze, Melvin Peller and Pinchas Raul |
| Exelon Corporation, Christopher M. Crane, Joseph Dominguez, Anne Pramaggiore, William Von Hoene, William A. Von Hoene, Jr., Fidel Marquez, John F. Young, Anthony K Anderson, Linda Jojo, Ann C. Berzin, Paul L. Joskow, Mayo A. Shattuck III, Laurie Brlas, Yves C. De Balmann, Robert J. Lawless, Nicholas Debenedictis, Stephen D. Steinour, Richard W. Mies, John W. Rogers, Jr., Frank M. Clark, Thomas O'Neill, Michael J Madigan, Michael F. McClain, Jay Doherty, Edward Moody, Juan Ochoa, Victor Reyes and Reyes Kurson Ltd. |
| Donna M. Nicosia, City of Coral Springs Police Officers' Pension Plan and John Hooker |
| 1:2021cv03611 |
| July 8, 2021 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Contract: Stockholders Suits |
| 28 U.S.C. § 1332 Diversity - Stockholders Suits |
| Plaintiff |
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| Filing 133 MINUTE entry before the Honorable John Robert Blakey: Having reviewed in camera the 5/1/23 Settlement Term Sheet, the Court orders the SLC to produce it to Opposing Plaintiffs. As expressly stated in the introductory clause, the document reflects all material terms of the parties' settlement and is itself a binding and enforceable contract; the parties drafted it to serve as a placeholder for the Stipulation and Settlement Agreement signed 6/9/23, which reflects the same material terms. The SLC, having filed the Stipulation and Settlement Agreement on the publicly available docket, see [72-1], waived any applicable mediation privilege as to this document. Indeed, the SLC has indicated that it does not oppose production to the Opposing Plaintiffs, provided they agree to comply with the terms of the confidentiality agreement they signed as part of the mediation proceedings. The Court encourages the parties to discuss confidentiality, and, if appropriate, they may file a motion consistent with this Court's standing order on confidentiality orders. The SLC shall produce the term sheet to counsel for the Opposing Plaintiffs by close of business 9/18/23. Mailed notice (gel, ) |
Filing 132
ORDER Signed by the Honorable John Robert Blakey on 9/7/2023: In this consolidated derivative action, the Special Litigation Committee of the Board of the Exelon Corporation (SLC) has reached a settlement with some, but not all, of the named Plaintiffs who filed the various individual actions consolidated here. On June 16, 2023, the SLC filed a motion seeking preliminary approval of the settlement, #71 , which would bind all shareholders, including some non-settling shareholders who oppose the settlement (the "Opposing Plaintiffs"). At the hearing on the SLC's motion, it became clear that, in the parties' view, before the Court can consider the merits of the preliminary approval motion, it must address a dispute between the settling shareholders/SLC/Defendants and the Opposing Plaintiffs about the legal standards applicable to the assessment of the proposed settlement and about the availability of discovery at the current stage of the proceedings. The Court resolves these latter issues below, denies without prejudice the SLC's preliminary approval motion #71 , and directs the Clerk to terminate #111 and #115 as pending motions. The SLC shall produce the May 1, 2023 term sheet to the Court for an in camera review by September 11, 2023. Additionally, the parties shall meet and confer concerning an appropriate deadline for the remainder of the discovery discussed below and file an updated status report by September 22, 2023 proposing additional case management dates, including a deadline for such discovery and a briefing schedule for the SLC's renewed motion for preliminary approval. (See Order For Further Details). Mailed notice(gel, )
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| Filing 131 Post-Hearing Brief by Special Litigation Committee of the Board of Exelon Corporation in Support of Cross Motion Regarding Controlling Standard for Preliminary Approval of Derivative Settlement and Scope of Discovery (Kistenbroker, David) |
| Filing 130 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 8/31/2023. The Court takes the SLC's motion regarding the controlling standard #111 and Opposing Plaintiffs' motion for limited discovery #115 under advisement. The SLC's motion for preliminary approval #71 also remains under advisement. As discussed in court, counsel for the SLC shall caucus with counsel for the other Defendants and counsel for the Settling Plaintiffs (and any other aligned parties) concerning the 5/1/23 term sheet and email the Courtroom Deputy, Gloria Lewis, at gloria_lewis@ilnd.uscourts.gov, by 9/6/23 with their position on disclosure, whether directly to Opposing Plaintiffs or to the Court for an in camera review. The Court will rule on the pending motions by separate order. Mailed notice (gel, ) |
| Filing 129 MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion and by agreement of counsel, motion hearing previously set for 8/15/2023 is reset by agreement for 8/31/2023 at 10:00 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 128 MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion and by agreement of counsel, motion hearing previously set for 8/14/2023 is reset by agreement for 8/15/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 127 MINUTE entry before the Honorable John Robert Blakey: Oral motion for leave to appear via telephone at the 8/14/2023 status hearing is granted. Counsel/Members of the public shall call into 877-402-9753 and utilize participant code 9955840. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (gel, ) |
| Filing 126 DECLARATION of Melinda Nicholson regarding response in support of motion, #124 (Attachments: #1 Exhibit Ex. 1 - Twitter Supp. Brief, #2 Exhibit Ex. 2 - Settlement and Stipulation, #3 Exhibit Ex. 3 - Twitter Initial Brief)(Hurst, Matthew) |
| Filing 125 AFFIDAVIT by Movants City of Coral Springs Police Officers' Pension Plan, Donna M. Nicosia, Plaintiffs James Clem, Melvin Peller in Opposition to MOTION by Movants City of Coral Springs Police Officers' Pension Plan, Donna M. Nicosia, Plaintiffs James Clem, Melvin Peller for discovery Opposing Plaintiffs' Motion for Limited Discovery #115 , MOTION by Unknown Special Litigation Committee of the Board of Exelon Corporation CROSS MOTION REGARDING CONTROLLING STANDARD FOR PRELIMINARY APPROVAL OF DERIVATIVE SETTLEMENT AND SCOPE OF DISCOVERY #111 Declaration of Stephen J. Oddo in Support of Opposing Plaintiffs' Omnibus Response to Cross-Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Oddo, Stephen) |
| Filing 124 RESPONSE by Michael Dybas, William Grunze, Benjamin Jason Waxin Support of MOTION by Unknown Special Litigation Committee of the Board of Exelon Corporation CROSS MOTION REGARDING CONTROLLING STANDARD FOR PRELIMINARY APPROVAL OF DERIVATIVE SETTLEMENT AND SCOPE OF DISCOVERY #111 , MOTION by Unknown Special Litigation Committee of the Board of Exelon Corporation FOR PRELIMINARY APPROVAL OF DERIVATIVE SETTLEMENT #71 (Hurst, Matthew) |
| Filing 123 RESPONSE by Movants City of Coral Springs Police Officers' Pension Plan, Donna M. Nicosia, Plaintiffs James Clem, Melvin Peller to motion for discovery #115 , motion for miscellaneous relief #111 Opposing Plaintiffs' Omnibus Response to Cross-Motion (Oddo, Stephen) |
| Filing 122 RESPONSE by Unknown Special Litigation Committee of the Board of Exelon Corporation to motion for discovery #115 , motion for miscellaneous relief #111 RESPONSE IN SUPPORT OF CROSS MOTION AND IN OPPOSITION TO MOTION FOR LIMITED DISCOVERY (Attachments: #1 Exhibit A, #2 Exhibit B)(Kistenbroker, David) |
| Filing 121 MINUTE entry before the Honorable John Robert Blakey: Plaintiff Melvin Peller asks this Court to reassign Peller v. Anderson, et al., No. 1:23-cv-04206, a case currently pending before Judge Lefkow, as a related case and to consolidate his case with this matter, now styled In re: Exelon Corporation Derivative Litigation. At least some of the parties do not oppose the motion, though not all have weighed in. In any event, reassignment makes sense under Local Rule 40.4, which instructs that case are related if they involve the same property, involve some of the same issues, grow out of the same transaction or occurrence, or, in class actions suits, one or more of the classes are the same. As with the prior cases consolidated here, Mr. Peller's case similarly meets the Rule's criteria: the underlying allegations and claims asserted are substantially similar, involve substantially similar issues of fact and law and common defendants, and are predicated on the same or substantially similar transactions or occurrences. Reassignment is thus proper under the rule if: the cases are pending in this Court (they are); having a single judge handle the cases saves substantial judicial time and effort (it will); this case has not progressed to the point where reassignment will delay these proceedings (it has not); and the cases are susceptible to disposition in a single proceeding (they are). Therefore, this Court, in consultation with Judge Lefkow, grants the motion for reassignment #119 . The 8/2/23 Notice of Motion date is stricken. The Clerk shall consolidate the cases. Mailed notice (gel, ) |
| Filing 120 NOTICE of Motion by Daniel O. Herrera for presentment of motion to reassign case #119 before Honorable John Robert Blakey on 8/2/2023 at 11:00 AM. (Herrera, Daniel) |
| Filing 119 MOTION by Plaintiff Melvin Peller to reassign case Plaintiff Melvin Peller's Motion for a Finding of Relatedness and Reassignment (Herrera, Daniel) |
| Filing 118 Opposing Plaintiffs' Motion for Limited Discovery NOTICE of Motion by Stephen J. Oddo for presentment of (Oddo, Stephen) |
| Filing 117 DECLARATION of Stephen J. Oddo regarding motion for discovery #115 , other #116 (Attachments: #1 Exhibit A - Notice of (I) Pendency and Proposed Settlement of Stockholder Derivative Actions; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys' Fees and Litigation Expenses, Employees Retirement System of the City of Saint Louis v. Jones, No. 2:20-cv-04813 (S.D. Ohio May 16, 2022), #2 Exhibit B - Lauraann Wood, $173M Exelon, ComEd Investor Deal Gets Early Nod, Law360, June 9, 2023, #3 Exhibit C - Final Order and Judgment, In re Abbott-Depakote Shareholder Derivative Litigation, No. 1:11-cv-08114 (N.D. Ill. May 22, 2014), #4 Exhibit D - Transcript of Settlement Hearing and Rulings of the Court, Verma v. Costolo, C.A. No. 2018-0509-PAF (Del. Ch. July 27, 2021), #5 Exhibit E - Steve Daniels, Pressure tactics, political favors and making out 'like bandits': Inside the prosecution's ComEd-Madigan influence-peddling case, Crain's Chicago Business, Jan. 11, 2023, #6 Exhibit F - Order of Court, Lee v. McGarry, No. 2:20-cv-00075-WSS (W.D. Pa. June 23, 2020))(Oddo, Stephen) |
| Filing 116 Memorandum of Law by City of Coral Springs Police Officers' Pension Plan, James Clem, Donna M. Nicosia, Melvin Peller in Support of Opposing Plaintiffs' Motion for Limited Discovery (Oddo, Stephen) |
| Filing 115 MOTION by Movants City of Coral Springs Police Officers' Pension Plan, Donna M. Nicosia, Plaintiffs James Clem, Melvin Peller for discovery Opposing Plaintiffs' Motion for Limited Discovery (Oddo, Stephen) |
| Filing 114 MEMORANDUM memorandum in support of motion #112 , motion for miscellaneous relief #111 , notice of motion #113 by Michael Dybas, William Grunze, Benjamin Jason Wax by Settling Shareholders in Support of SLC's Cross-Motion (Attachments: #1 Exhibit Ex. A - Lee v. McGarry, 6/23/20 Order, #2 Exhibit Ex. B - Lee v. McGarry, 6/15/20 Order)(Hurst, Matthew) |
| Filing 113 NOTICE of Motion by David H. Kistenbroker for presentment of motion for miscellaneous relief #111 before Honorable John Robert Blakey on 8/14/2023 at 11:00 AM. (Kistenbroker, David) |
| Filing 112 MEMORANDUM by Special Litigation Committee of the Board of Exelon Corporation in support of motion for miscellaneous relief #111 (Kistenbroker, David) |
| Filing 111 MOTION by Unknown Special Litigation Committee of the Board of Exelon Corporation CROSS MOTION REGARDING CONTROLLING STANDARD FOR PRELIMINARY APPROVAL OF DERIVATIVE SETTLEMENT AND SCOPE OF DISCOVERY (Kistenbroker, David) |
| Filing 110 TRANSCRIPT OF PROCEEDINGS held on June 30, 2023, before the Honorable John Robert Blakey. Order Number: 46298. Court Reporter Contact Information: Laura LaCien, laura_lacien@ilnd.uscourts.gov 312-408-5032. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/10/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/18/2023. (Lacien, Laura) |
| Filing 109 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiffs' motion for leave to file oversized briefs #107 and strikes the 7/19/23 Notice of Motion date. The parties may file initial briefs of up to 25 pages and response briefs of up to 20 pages. Mailed notice (gel, ) |
| Filing 108 NOTICE of Motion by Stephen J. Oddo for presentment of motion for leave to file excess pages #107 before Honorable John Robert Blakey on 7/19/2023 at 11:00 AM. (Oddo, Stephen) |
| Filing 107 MOTION by Movants City of Coral Springs Police Officers' Pension Plan, Donna M. Nicosia, Plaintiff James Clem for leave to file excess pages (Oddo, Stephen) |
| Filing 106 WAIVER OF SERVICE returned executed by Michael Dybas, William Grunze, Benjamin Jason Wax. Anne Pramaggiore waiver sent on 7/6/2023, answer due 9/4/2023. (Hurst, Matthew) |
| Filing 105 WAIVER OF SERVICE returned executed by Michael Dybas, William Grunze, Benjamin Jason Wax. Anthony K Anderson waiver sent on 7/6/2023, answer due 9/4/2023; Ann C. Berzin waiver sent on 7/6/2023, answer due 9/4/2023; Laurie Brlas waiver sent on 7/6/2023, answer due 9/4/2023; Christopher M. Crane waiver sent on 7/6/2023, answer due 9/4/2023; Yves C. De Balmann waiver sent on 7/6/2023, answer due 9/4/2023; Nicholas Debenedictis waiver sent on 7/6/2023, answer due 9/4/2023; Joseph Dominguez waiver sent on 7/6/2023, answer due 9/4/2023; Linda Jojo waiver sent on 7/6/2023, answer due 9/4/2023; Paul L. Joskow waiver sent on 7/6/2023, answer due 9/4/2023; Robert J. Lawless waiver sent on 7/6/2023, answer due 9/4/2023; Richard W. Mies waiver sent on 7/6/2023, answer due 9/4/2023; Mayo A. Shattuck III waiver sent on 7/6/2023, answer due 9/4/2023; Stephen D. Steinour waiver sent on 7/6/2023, answer due 9/4/2023; William A. Von Hoene, Jr waiver sent on 7/6/2023, answer due 9/4/2023; John F. Young waiver sent on 7/6/2023, answer due 9/4/2023. (Hurst, Matthew) |
| Filing 104 ATTORNEY Appearance for Defendants Anthony K Anderson, Ann C. Berzin, Laurie Brlas, Christopher M. Crane, Yves C. De Balmann, Nicholas Debenedictis, Joseph Dominguez, Exelon Corporation, Linda Jojo, Paul L. Joskow, Robert J. Lawless, Richard W. Mies, John W. Rogers, Jr, Mayo A. Shattuck III, Stephen D. Steinour, William A. Von Hoene, Jr, John F. Young by Nikolaus Williams (Williams, Nikolaus) |
| Filing 103 MINUTE entry before the Honorable John Robert Blakey: Motion and status hearing held on 6/30/2023. Oral agreed motion for leave to file cross motions regarding controlling standards for preliminary approval of derivative settlement #71 and discovery is granted. Any cross motions shall be filed on or before 7/21/2023; responses shall be filed on or before 8/1/2023. Motion hearing set for 8/14/2023 at 11:00 a.m. in Courtroom 1203. Oral agreed motion to stay all responsive pleadings and answers is granted and deadlines will be reset by separate order after briefing on controlling standards and discovery. Oral agreed motion to stay joint status reports is also granted. Mailed notice (gel, ) |
| Filing 102 MINUTE entry before the Honorable John Robert Blakey: Matthew Hettrich and James Ficaro's motions for leave to appear pro hac vice #99 and #100 are granted. Mailed notice (gel, ) |
| Filing 101 MINUTE entry before the Honorable John Robert Blakey: Oral motion to appear via telephone for the 6/30/2023 motion hearing is granted. Counsel/Members of the public shall call into 877-402-9753 and utilize participant code 9955840. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (gel, ) |
| Filing 100 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20789754. (Ficaro, James) |
| Filing 99 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20789750. (Hettrich, Matthew) |
| Filing 98 ATTORNEY Appearance for Defendants Fidel Marquez, Fidel Marquez by William Robert Andrichik (Andrichik, William) |
| Filing 97 ATTORNEY Appearance for Defendants Fidel Marquez, Fidel Marquez by Christopher Niewoehner (Niewoehner, Christopher) |
| Filing 96 MINUTE entry before the Honorable John Robert Blakey: The Court grants the motions for leave to appear pro hac vice filed by David N. Kelley #53 and Lawrence P. Eagel #90 . The Court previously granted Michael Dybas' motion to reassign #55 , John Hooker's motion for additional time #57 , and the Special Litigation Committee's motion to consolidate #61 , and the Court directs the Clerk to terminate these motions as pending motions. The Court grants Plaintiffs' motions to join in support of the SLC's motion for preliminary approval #77 , #78 , which remains under advisement and remains set for presentment on 6/30/23. The Court understands and appreciates that not all Plaintiffs support the SLC's view, and the parties should be prepared on 6/30/23 to set a briefing schedule on the motion for preliminary approval, as well as any other relevant case management dates. Mailed notice (gel, ) |
| Filing 95 ATTORNEY Appearance for Unknown Special Litigation Committee of the Board of Exelon Corporation by John Robert Schleppenbach (Schleppenbach, John) |
| Filing 94 ATTORNEY Appearance for Unknown Special Litigation Committee of the Board of Exelon Corporation by Melanie Craig Mackay (Mackay, Melanie) |
| Filing 93 ATTORNEY Appearance for Unknown Independent Review Committee of the Board of Exelon Corporation by Vinu George Joseph (Joseph, Vinu) |
| Filing 92 ATTORNEY Appearance for Unknown Independent Review Committee of the Board of Exelon Corporation by Christina M. Egan (Egan, Christina) |
| Filing 91 STATUS Report Status Conference Statement by City of Coral Springs Police Officers' Pension Plan, James Clem, Donna M. Nicosia (Oddo, Stephen) |
| Filing 90 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20778934. (Eagel, Lawrence) |
| Filing 89 MINUTE entry before the Honorable John Robert Blakey: Nikolaus Williams' motion for leave to appear pro hac vice #88 is granted. Mailed notice (gel, ) |
| Filing 88 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20768874. Nikolas Williams (Andrews, Amy) |
| Filing 87 ATTORNEY Appearance for Defendants Anthony K Anderson, Ann C. Berzin, Laurie Brlas, Yves C. De Balmann, Nicholas Debenedictis, Linda Jojo, Paul L. Joskow, Robert J. Lawless, Richard W. Mies, John W. Rogers, Jr, Mayo A. Shattuck III, Stephen D. Steinour, John F. Young by Mari Byrne (Byrne, Mari) |
| Filing 86 ATTORNEY Appearance for Defendants Anthony K Anderson, Ann C. Berzin, Laurie Brlas, Yves C. De Balmann, Nicholas Debenedictis, Linda Jojo, Paul L. Joskow, Robert J. Lawless, Richard W. Mies, John W. Rogers, Jr, Mayo A. Shattuck III, Stephen D. Steinour, John F. Young by Edmund Polubinski, III (Polubinski, Edmund) |
| Filing 85 ATTORNEY Appearance for Plaintiff James Clem by Brian J Robbins (Robbins, Brian) |
| Filing 84 REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of $150.00, receipt no. AILNDC-20746079. (lw, ) |
| Filing 83 MINUTE entry before the Honorable John Robert Blakey: Plaintiff's motion to set status hearing #67 is granted and the Court will hold a status hearing alongside the motion hearing set for 6/30/2023 at 11:00 a.m. in Courtroom 1203. John Savarese, Ian Boczko, Brian Robbins and Rusty Glenn's motions for leave to appear pro hac vice #74 , #75 , #79 and #80 are granted. Mailed notice (gel, ) |
| Filing 82 REQUEST for Clerk of Court to refund filing fee in the amount of $150.00, receipt no. AILNDC-20746079, regarding motion to appear pro hac vice #74 / Duplicate payment refund request. (Savarese, John) |
| Filing 81 MINUTE entry before the Honorable John Robert Blakey: The Court resets the hearing on Plaintiff's motion for preliminary approval of derivative settlement #71 from 6/21/2023 to 6/30/2023 at 11:00 AM in Courtroom 1203. The 6/21/2023 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 80 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20747521. (Glenn, Rusty) |
| Filing 79 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20746715. (Attachments: #1 Attachment A)(Robbins, Brian) |
| Filing 78 MOTION by Defendant Exelon Corporation for joinder in Motion for Preliminary Approval of Derivative Settlement (Andrews, Amy) |
| Filing 77 MOTION by Plaintiffs Michael Dybas, William Grunze, Benjamin Jason Wax to join in support of the SLC's Motion for Preliminary Approval of Settlement (Hurst, Matthew) |
| Filing 76 STATEMENT by Unknown Independent Review Committee of the Board of Exelon Corporation in Support of MOTION by Unknown Special Litigation Committee of the Board of Exelon Corporation FOR PRELIMINARY APPROVAL OF DERIVATIVE SETTLEMENT #71 (Savarese, John) |
| Filing 75 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20746187. (Boczko, Ian) |
| Filing 74 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20746158. (Attachments: #1 Attachment A)(Savarese, John) |
| Filing 73 NOTICE of Motion by David H. Kistenbroker for presentment of motion for miscellaneous relief #71 before Honorable John Robert Blakey on 6/21/2023 at 11:00 AM. (Kistenbroker, David) |
| Filing 72 MEMORANDUM by Special Litigation Committee of the Board of Exelon Corporation in support of motion for miscellaneous relief #71 (Attachments: #1 Exhibit A - Exelon Derivative Stipulation of Settlement, #2 Exhibit B - SLC Report and Exhibits, #3 Exhibit C - Notice of Pendency and Proposed Settlement of Consolidated Derivative Action, #4 Exhibit D - Summary Notice of Proposed Settlement, #5 Exhibit E - Proposed Preliminary Approval Order, #6 Exhibit F - Proposed Final Approval Order)(Kistenbroker, David) |
| Filing 71 MOTION by Unknown Special Litigation Committee of the Board of Exelon Corporation FOR PRELIMINARY APPROVAL OF DERIVATIVE SETTLEMENT (Kistenbroker, David) |
| Filing 70 MINUTE entry before the Honorable John Robert Blakey: The Court resets the hearing on plaintiff's motion to set status hearing #67 from 6/21/2023 to 6/30/2023 at 11:00 AM in Courtroom 1203. The 6/21/2023 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 69 ATTORNEY Appearance for Movant William Grunze by Melinda Ann Nicholson (Nicholson, Melinda) Modified on 6/14/2023 (kl, ). |
| Filing 68 NOTICE of Motion by Dominic C. LoVerde for presentment of motion for hearing #67 before Honorable John Robert Blakey on 6/21/2023 at 11:00 AM. (LoVerde, Dominic) |
| Filing 67 MOTION by Plaintiff James Clem for hearing to Set Status Hearing (LoVerde, Dominic) |
| Filing 66 WAIVER OF SERVICE returned executed by Donna M. Nicosia. (Yu, Jing-Li) |
| Filing 65 WAIVER OF SERVICE returned executed by City of Coral Springs Police Officers' Pension Plan. Fidel Marquez waiver sent on 5/12/2023, answer due 7/11/2023. (Yu, Jing-Li) |
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Filing 64
ORDER: Plaintiffs in Dybas, et al. v. Crane, et al., No. 23-cv-3318, a case currently assigned to Judge Valderrama, move to reassign their case to this Court as a related case. The parties here do not oppose the motion. Local Rule 40.4 instructs that case are related if they involve the same property, involve some of the same issues, grow out of the same transaction or occurrence, or, in class actions suits, one or more of the classes are the same. As with the two prior cases consolidated here, see 50, the Dybas case similarly meets the Rule's criteria: the underlying allegations and claims asserted are substantially similar, involve substantially similar issues of fact and law and common defendants, and are predicated on the same or substantially similar transactions or occurrences. Reassignment is thus proper under the rule if: the cases are pending in this Court (they are); having a single judge handle the cases saves substantial judicial time and effort (it will); this case has not progressed to the point where reassignment will delay these proceedings (it has not); and the cases are susceptible to disposition in a single proceeding (they are indeed, the Special Litigation Committee's notice of determination and intent to seek court approval of settlement, 54, discusses the Dybas case along with the Clem, Nicosia, and Coral Springs actions). Therefore, this Court, with the consent of Judge Valderrama, grants the motion for reassignment 55 and hereby refers the Dybas action (No. 23-cv-3318) to the Executive Committee for reassignment under L.R. 40.4 so that all four actions may be consolidated here. The Court grants the Special Litigation Committee's unopposed motion to consolidate 61 (docket entry 47 in Case No. 23-cv-02712; and docket entry 52 in Case No. 23-cv-02605) and consolidates all four cases (Clem; Nicosia v. Young, et al., No. 1:23-cv-02605; City of Coral Springs Police Officers' Pension Plan v. Young, et al., No. 1:23-cv-02712; and Dybas v. Crane, No. 1:23-cv-03318) for all purposes under the name "In re Exelon Corporation Derivative Litigation." The Clerk shall consolidate the matters and amend the docket to reflect the name of the consolidated action. The Court grants the motions for leave to appear pro hac vice filed by David N. Kelley 53 and Melinda A. Nicholson (docket entry 15 in Case No. 23-cv-3318), and grants the motions to extend time filed by various Defendants in the different cases, including the motions filed by John Hooker (which appears at 57 here and at docket entry 55 in Case No. 23-cv-02712 and docket entry 61 in Case No. 23-cv-02605); Juan Ochoa (docket entries 49 in Case No. 23-cv-02712); Edward Moody (docket entry 52 in Case No. 23-cv-02712 and docket entry 58 in Case No. 23-cv-02605); Victor Reyes and Reye Kurson, Ltd. (docket entry 58 in Case No. 23-cv-02712 and docket entry 65 in Case No. 23-cv-02605); and Michael McClain (docket entry 30 in Case No. 23-cv-2605). Defendants shall answer or otherwise plead by 7/17/23. The 6/7/23 Notice of Motion date is stricken as to all motions. Signed by the Honorable John Robert Blakey on 6/6/2023. Mailed notice. (lw, )
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| Filing 63 ATTORNEY Appearance for Defendant Anne Pramaggiore by Heather Benzmiller Sultanian (Sultanian, Heather) |
| Filing 62 NOTICE of Motion by Joni S. Jacobsen for presentment of motion to consolidate cases #61 before Honorable John Robert Blakey on 6/7/2023 at 11:00 AM. (Jacobsen, Joni) |
| Filing 61 MOTION by Unknown Special Litigation Committee of the Board of Exelon Corporation to consolidate cases (Jacobsen, Joni) |
| Filing 60 STATUS Report JOINT STATUS REPORT by Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr (Andrews, Amy) |
| Filing 59 NOTICE of Motion by Barry A. Spevack for presentment of motion for miscellaneous relief #57 before Honorable John Robert Blakey on 6/7/2023 at 11:00 AM. (Spevack, Barry) |
| Filing 58 NOTICE of Motion by Barry A. Spevack for presentment of (Spevack, Barry) |
| Filing 57 MOTION by Movant John Hooker for Additional Time to Answer or Otherwise Plead (Spevack, Barry) |
| Filing 56 NOTICE of Motion by Matthew Thomas Heffner for presentment of (Heffner, Matthew) |
| Filing 55 MOTION by Movant Michael Dybas to reassign case for relatedness (Attachments: #1 Exhibit Related Complaint)(Heffner, Matthew) |
| Filing 54 NOTICE by Special Litigation Committee of the Board of Exelon Corporation of Determination and Intent to Seek Court Approval of Settlement (Jacobsen, Joni) |
| Filing 53 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20680614. (Attachments: #1 Exhibit A)(Kelley, David) |
| Filing 52 ATTORNEY Appearance for Unknown Special Litigation Committee of the Board of Exelon Corporation by Joni S. Jacobsen (Jacobsen, Joni) |
| Filing 51 ATTORNEY Appearance for Unknown Special Litigation Committee of the Board of Exelon Corporation by David H. Kistenbroker (Kistenbroker, David) |
| Filing 50 MINUTE entry before the Honorable John Robert Blakey: The parties to this case and two other cases, Nicosia v. Young, et al., No. 1:23-cv-02605, pending before Judge Alonso, and City of Coral Springs Police Officers' Pension Plan v. Young, et al., No. 1:23-cv-02712, pending before Judge Kness, move to designate these actions as related and consolidate all three cases here for coordinated proceedings. Local Rule 40.4 instructs that case are related if they involve the same property, involve some of the same issues, grow out of the same transaction or occurrence, or, in class actions suits, one or more of the classes are the same. These cases fit that bill: the underlying allegations and claims asserted in each of the actions are substantially similar, involve substantially similar issues of fact and law and common defendants, and are predicated on the same or substantially similar transactions or occurrences. Reassignment is thus proper under the rule if: the cases are pending in this Court (they are); having a single judge handle the cases saves substantial judicial time and effort (it will); this case has not progressed to the point where reassignment will delay these proceedings (it has not); and the cases are susceptible to disposition in a single proceeding (the parties agree that they are). Therefore, this Court, with the consent of Judges Alonso and Kness, grants the motion for reassignment #45 and hereby refers the Nicosia and Coral Springs actions (Case Nos. 1:23-cv-02605 and 1:23-cv-02712) to the Executive Committee for reassignment under L.R. 40.4 so that the three cases may be consolidated here. Mailed notice (gel, ) Modified on 5/25/2023 to update Judge's name (gel, ). |
| Filing 49 MINUTE entry before the Honorable John Robert Blakey: Donna M. Nicosia and the City of Coral Springs Police Officers' Pension Plan, Plaintiffs in other litigation pending before other Judges in this District, have moved to reassign their cases as related to this case, #19 . They do not say whether they have discussed the matter with Defendants or whether Defendants oppose the motion. If Defendants oppose the motion, they may file a response by 5/15/23. The Court reminds Plaintiffs that all motions must be noticed for presentment; any future motion that does not comply with the Court's standing orders will be stricken. Mailed notice (gel, ) |
| Filing 48 ATTORNEY Appearance for Movants City of Coral Springs Police Officers' Pension Plan, Donna M. Nicosia by Geoffrey M Johnson (Johnson, Geoffrey) |
| Filing 47 ATTORNEY Appearance for Movants City of Coral Springs Police Officers' Pension Plan, Donna M. Nicosia by Joseph Allan Pettigrew (Pettigrew, Joseph) |
| Filing 46 ATTORNEY Appearance for Movants City of Coral Springs Police Officers' Pension Plan, Donna M. Nicosia by Jing-Li Yu (Yu, Jing-Li) |
| Filing 45 MOTION by Movants Donna M. Nicosia, City of Coral Springs Police Officers' Pension Plan to reassign case (Attachments: #1 Motion for Reassignment of Cases, #2 Exhibit A to Motion, #3 Exhibit B to Motion)(Yu, Jing-Li) |
| Filing 44 MINUTE entry before the Honorable John Robert Blakey: Based upon the parties' status report #43 , the Court hereby extends the stay entered 10/14/21 to 6/9/23, and orders the parties to file an updated status report by 5/31/23 concerning their mediation efforts and any proposed case management dates. Mailed notice (gel, ) |
| Filing 43 STATUS Report Joint Status Report by Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr (Attachments: #1 Exhibit)(Crowl, Matthew) |
| Filing 42 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 41 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' joint motion to extend stay #39 and hereby extends the stay entered 10/14/21 to 3/17/23. The parties shall file an updated status report by 3/9/23 concerning the February mediation, the parties' positions on lifting the stay, and any proposed case management dates. The 12/20/22 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 40 NOTICE of Motion by Amy C. Andrews for presentment of extension of time,, motion to stay, #39 before Honorable John Robert Blakey on 12/20/2022 at 11:00 AM. (Andrews, Amy) |
| Filing 39 MOTION by Defendants Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr for extension of time Joint Agreed Motion for Extension of Stay, MOTION by Defendants Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr to stay (Andrews, Amy) |
| Filing 38 STATUS Report Joint Updated Status Report by Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr (Attachments: #1 Exhibit Exhibit A to Joint Status Report)(Andrews, Amy) |
| Filing 37 NOTICE by Stephen J. Oddo of Change of Address (Oddo, Stephen) |
| Filing 36 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' joint motion to extend stay #35 and hereby extends the stay entered 10/14/21 to 12/16/22. The parties shall file an updated status report by 12/9/22 concerning the SLC, the parties' positions on lifting the stay, and any proposed case management dates. Mailed notice (gel, ) |
| Filing 35 MOTION by Defendants Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr to stay Joint Agreed Motion for Extension of Stay (Andrews, Amy) |
| Filing 34 STATUS Report Joint Updated Status Report by Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr (Attachments: #1 Exhibit Exhibit A to Joint Status Report)(Andrews, Amy) |
| Filing 33 MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in the parties' 6/1/22 status report #31 , this Court grants the parties' joint motion to extend the stay #32 and hereby extends the stay entered 10/14/21 to 9/16/22. The parties shall file an updated status report by 9/9/22 concerning the SLC, the parties' positions on lifting the stay, and any proposed case management dates. Mailed notice (gel,) |
| Filing 32 MOTION by Defendants Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr to stay Joint Agreed Motion for Extension of Temporary Stay (Andrews, Amy) |
| Filing 31 STATUS Report Joint Status Report by Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr (Attachments: #1 Exhibit Exhibit A to Joint Status Report)(Andrews, Amy) |
| Filing 30 MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in the parties 1/31/22 status report #28 , this Court grants the parties' joint motion to extend the stay #29 and hereby extends the stay entered 10/14/21 #27 to 6/14/22. The parties shall file an updated status report by 6/1/22 concerning the SLC, the parties' positions on lifting the stay, and any proposed case management dates. Mailed notice (gel, ) |
| Filing 29 MOTION by Defendant Exelon Corporation for extension of time Joint Agreed Motion for Extension of Temporary Stay (Andrews, Amy) |
| Filing 28 STATUS Report Joint Updated Status Report by Exelon Corporation (Andrews, Amy) |
| Filing 27 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' joint request for a stay #26 and hereby stays this matter (and all set dates) until 2/14/21. The parties shall file an updated status report by 1/31/22 concerning the SLC and proposing reasonable case management dates, including a deadline for Defendants to respond to the complaint. Mailed notice (gel, ) |
| Filing 26 MOTION by Plaintiff James Clem to stay Joint Agreed Motion for a Temporary Stay Pending Special Litigation Committee Investigation (Carrino, Eric) |
| Filing 25 STATUS Report Joint Initial by Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr (Crowl, Matthew) |
| Filing 24 WAIVER OF SERVICE returned executed by James Clem. William A. Von Hoene, Jr waiver sent on 8/23/2021, answer due 10/22/2021. (Oddo, Stephen) |
| Filing 23 WAIVER OF SERVICE returned executed by James Clem. Anne Pramaggiore waiver sent on 8/23/2021, answer due 10/22/2021. (Oddo, Stephen) |
| Filing 22 WAIVER OF SERVICE returned executed by James Clem. Joseph Dominguez waiver sent on 8/23/2021, answer due 10/22/2021. (Oddo, Stephen) |
| Filing 21 WAIVER OF SERVICE returned executed by James Clem. Christopher M. Crane waiver sent on 8/23/2021, answer due 10/22/2021. (Oddo, Stephen) |
| Filing 20 MINUTE entry before the Honorable John Robert Blakey: Based upon the parties' stipulation #11 , all Defendants (including Exelon and the individual Defendants) shall respond to the complaint by 10/22/21. Mailed notice (gel, ) |
| Filing 19 ATTORNEY Appearance for Defendant Anne Pramaggiore by Jennifer Martin Wheeler (Wheeler, Jennifer) |
| Filing 18 ATTORNEY Appearance for Defendant Anne Pramaggiore by David Andrew Gordon (Gordon, David) |
| Filing 17 ATTORNEY Appearance for Defendant Anne Pramaggiore by Scott R. Lassar (Lassar, Scott) |
| Filing 16 ATTORNEY Appearance for Defendants Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr by Edmund Polubinski, III (Polubinski, Edmund) |
| Filing 15 ATTORNEY Appearance for Defendants Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr by James Paul Rouhandeh (Rouhandeh, James) |
| Filing 14 ATTORNEY Appearance for Defendants Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr by Mari Byrne (Byrne, Mari) |
| Filing 13 ATTORNEY Appearance for Defendants Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr by Matthew Charles Crowl (Crowl, Matthew) |
| Filing 12 Corporate and Affiliate Statement Pursuant to Fed. R. Civ. P. 7.1 and L.R. 3.2 STATEMENT by Exelon Corporation (Andrews, Amy) |
| Filing 11 STIPULATION to Consolidate Deadline for all Defendants Response to Plaintiff's Complaint (Andrews, Amy) |
| Filing 10 ATTORNEY Appearance for Defendants Christopher M. Crane, Joseph Dominguez, Exelon Corporation, William A. Von Hoene, Jr by Amy C. Andrews (Andrews, Amy) (Docket text modified by Clerk's Office) Modified on 8/24/2021 (bg, ). |
| Filing 9 MINUTE entry before the Honorable John Robert Blakey: At the parties' request, the Court resets the 8/23/21 status report deadline to 9/30/21. Mailed notice (gel, ) |
| Filing 8 MINUTE entry before the Honorable John Robert Blakey: Eric Carrino's motion for leave to appear pro hac vice #6 is granted. Mailed notice (gel, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff James Clem by Stephen J. Oddo (Oddo, Stephen) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18528602. (Attachments: #1 Exhibit A)(Carrino, Eric) |
| SUMMONS Issued as to Defendant Exelon Corporation. (lxk, ) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 8/23/2021, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) |
| Filing 4 CIVIL Cover Sheet (LoVerde, Dominic) |
| Filing 3 ATTORNEY Appearance for Plaintiff James Clem by Dominic C. LoVerde (LoVerde, Dominic) |
| Filing 2 CIVIL Cover Sheet (LoVerde, Dominic) |
| Filing 1 COMPLAINT filed by James Clem; Jury Demand. Filing fee $ 402, receipt number 0752-18432886. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Affidavit of James Clem)(LoVerde, Dominic) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (jmk, ) |
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