Burbige et al v. ATI Physical Therapy, Inc. f/k/a Fortress Value Acquisition Corp. II et al
| Kevin Burbige, Ziyang Nie and Melbourne Firefighters' Retirement System |
| ATI Physical Therapy, Inc. f/k/a Fortress Value Acquisition Corp. II, Labeed Diab, Joseph Jordan, Andrew A. McKnight, Joshua A. Pack, Marc Furstein, Leslee Cowen, Aaron F. Hood, Carmen A. Policy, Rakefet Russak-Aminoach, Sunil Gulati, ATI Physical Therapy, Inc. and Fortress Value Acquisition Corp. II |
| Phillip Goldstein, The Freedom and Justice Foundation, David Turk, Brent Gatacre, The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds, New York City District Council of Carpenters Pension Fund, Construction Industry Laborers Pension Fund, Local 353, I.B.E.W. Pension Fund, Local 295 IBT Employer Group Pension Trust and Welfare Funds and Hamza Ghaith |
| 1:2021cv04349 |
| August 16, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Securities/Commodities |
| Both |
Docket Report
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Filing 104
MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. For the reasons stated in the Opinion, The Defendants' motions #68 , #71 to dismiss are granted in part and denied in part. Specifically, for Count 1, the Section 10(b) claims against ATI, Diab, and Jordan survive, but the same claim against McKnight is dismissed. Similarly, for related Count 2, the Section 20(a) claims against Diab and Jordan survive, but the claim against McKnight is dismissed. For Count 3, the Section 14(a) claims against all Defendants survive. For Count 4, the Section 20(a) claims against Diab and Jordan survive, but are dismissed as to all other Defendants. The parties shall confer and file a status report, on or before 09/20/2023, proposing an answer deadline and a discovery schedule. The tracking status hearing of 09/15/2023 is reset to 09/29/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 103
MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss #68 remains under advisement. The tracking status hearing of 08/11/2023 is reset to 09/15/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 102
MINUTE entry before the Honorable Edmond E. Chang: Joshua Mayer Glasser's motion to withdraw as attorney for Defendants ATI Physical Therapy, Inc. f/k/a Fortress Value Acquisition Corp. II, LabeedDiab, and Joseph Jordan #100 is granted. Emailed notice (mw, )
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Filing 101
NOTICE of Motion by Jason M. Rosenthal for presentment of motion to withdraw as attorney #100 before Honorable Edmond E. Chang on 8/15/2023 at 08:30 AM. (Rosenthal, Jason)
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Filing 100
MOTION by Attorney Joshua M. Glasser to withdraw as attorney for ATI Physical Therapy, Inc., Labeed Diab, Joseph Jordan. No party information provided (Rosenthal, Jason)
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Filing 99
MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss #68 remains under advisement, so the tracking status hearing of 07/07/2023 is reset to 08/11/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice. (kp, )
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Filing 98
MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss #68 remains under advisement. The tracking status hearing of 06/12/2023 is reset to 07/07/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 97
MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss #68 remains under consideration, so the tracking status hearing of 05/05/2023 is reset to 06/12/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 96
MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss #68 is still under consideration. The tracking status hearing of 04/07/2023 is reset to 05/05/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 95
MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss #68 remains under advisement, so the tracking status hearing of 02/24/2023 is reset to 04/07/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice (cn).
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Filing 94
MINUTE entry before the Honorable Edmond E. Chang: Defendants Andrew A. McKnight, Joshua A. Pack, Marc Furstein, Leslee Cowen, Aaron F. Hood, Carmen A. Policy, Rakefet Russak-Aminoach, and Sunil Gulati's motion for leave to withdraw appearance of Michael M. Powell #93 is granted. Mailed notice (cn).
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Filing 93
MOTION by Attorney Michael M. Powell to withdraw as attorney for Leslee Cowen, Marc Furstein, Sunil Gulati, Aaron F. Hood, Andrew A. McKnight, Joshua A. Pack, Carmen A. Policy, Rakefet Russak-Aminoach. No party information provided (Powell, Michael)
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Filing 92
MINUTE entry before the Honorable Edmond E. Chang: Joshua Mayer Glasse's motion for leave to appear pro hac vice for ATI Physical Therapy, Inc., Labeed Diab, and Joseph Jordan #91 is granted. ; Attorney r for ATI Physical Therapy, Inc. added. Emailed notice (mw, )
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Filing 91
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20261204. (Glasser, Joshua)
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Filing 90
ATTORNEY Appearance for Defendants ATI Physical Therapy, Inc., Labeed Diab, Joseph Jordan by Stefania Di Trolio Venezia (Venezia, Stefania)
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Filing 89
ATTORNEY Appearance for Defendants ATI Physical Therapy, Inc., Labeed Diab, Joseph Jordan by Joshua Sanders Amsel (Amsel, Joshua)
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Filing 88
ATTORNEY Appearance for Defendants ATI Physical Therapy, Inc., Labeed Diab, Joseph Jordan by John Aaron Neuwirth (Neuwirth, John)
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Filing 87
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ATI Physical Therapy, Inc. NOTICE OF AFFILIATES AND CORPORATE DISCLOSURE STATEMENT OF DEFENDANT ATI PHYSICAL THERAPY, INC. (Rosenthal, Jason)
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Filing 86
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, )
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Filing 85
MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss #68 remains under advisement. The tracking status hearing of 12/09/2022 is reset to 02/24/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 84
MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss #68 is under advisement. The tracking status hearing of 10/21/2022 is reset to 12/09/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 83
MINUTE entry before the Honorable Edmond E. Chang: To coincide the tracking status hearing in this case with the related derivative action, 21-cv-6415, the tracking status hearing of 09/09/2022 is reset to 10/21/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 82
REPLY by Defendants Leslee Cowen, Marc Furstein, Sunil Gulati, Aaron F. Hood, Andrew A. McKnight, Joshua A. Pack, Carmen A. Policy, Rakefet Russak-Aminoach to motion to dismiss #71 Memorandum of Law in Support of Defendants' Motion to Dismiss the Amended Consolidated Complaint (Smith, Charles)
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Filing 81
REPLY by Defendant ATI Physical Therapy, Inc. to motion to dismiss #68 MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE ATI DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT (Rosenthal, Jason)
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Filing 80
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion to reassign Ghaith v. Diab et al., No. 1:21-cv-06415, to the calendar of Judge Chang is granted. The reassignment will be processed with the Executive Committee. The tracking status hearing of 07/01/2022 is reset to 09/09/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice (lma, )
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Filing 79
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiffs' motion #77 to use 45 pages in the omnibus response brief is granted. The reassignment motion remains under consideration. The tracking status hearing of 06/17/2022 is reset to 07/01/2022 at 08:30 a.m., but to track the case only (no appearance is required, the case will not be called).Emailed notice (Chang, Edmond)
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Filing 78
MEMORANDUM by Melbourne Firefighters' Retirement System, The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds in Opposition to motion to dismiss #68 , motion to dismiss #71 Omnibus Opposition to the ATI Defendants' and Mr. McKnight's and the FVAC Defendants' Motions to Dismiss the Consolidated Amended Class Action Complaint (Van, Austin)
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Filing 77
MOTION by Plaintiff Melbourne Firefighters' Retirement System, Movants The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds - Unopposed Motion for Leave to File Omnibus Brief in Support of Plaintiffs' Opposition to Defendants' Motions to Dismiss the Consolidated Amended Class Action Complaint (Van, Austin)
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Filing 76
MINUTE entry before the Honorable Edmond E. Chang: With the dismissal-motion briefing schedule in progress, and the reassignment motion under consideration (the Court is actively reviewing it), the tracking status hearing of 05/27/2022 is reset to 06/17/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 75
MINUTE entry before the Honorable Edmond E. Chang: The Local Rule 40.4 reassignment motion #50 remains under advisement. The tracking status hearing of 05/06/2022 is reset to 05/27/2022 at 8:30 a.m., but to track this motion only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 74
MINUTE entry before the Honorable Edmond E. Chang: The Local Rule 40.4 reassignment motion #50 remains under advisement, so the tracking status hearing of 04/15/2022 is reset to 05/06/2022 at 8:30 a.m., but to track this motion only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 73
DECLARATION of Charles F. Smith regarding memorandum in support of motion #72 , motion to dismiss #71 (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)(Smith, Charles)
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Filing 72
MEMORANDUM by Leslee Cowen, Marc Furstein, Sunil Gulati, Aaron F. Hood, Andrew A. McKnight, Joshua A. Pack, Carmen A. Policy, Rakefet Russak-Aminoach in support of motion to dismiss #71 (Smith, Charles)
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Filing 71
MOTION by Defendants Carmen A. Policy, Joshua A. Pack, Sunil Gulati, Andrew A. McKnight, Leslee Cowen, Rakefet Russak-Aminoach, Marc Furstein, Aaron F. Hood to dismiss the Amended Complaint (Smith, Charles)
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Filing 70
DECLARATION of STEFANIA D. VENEZIA regarding motion to dismiss #68 DECLARATION OF STEFANIA D. VENEZIA IN SUPPORT OF THE ATI DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Rosenthal, Jason)
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Filing 69
MEMORANDUM by ATI Physical Therapy, Inc., Labeed Diab, Joseph Jordan in support of motion to dismiss #68 MEMORANDUM OF LAW IN SUPPORT OF THE ATI DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT (Rosenthal, Jason)
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Filing 68
MOTION by Defendants ATI Physical Therapy, Inc., Labeed Diab, Joseph Jordan to dismiss THE ATI DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT (Rosenthal, Jason)
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Filing 67
MINUTE entry before the Honorable Edmond E. Chang: Defendants ATI Physical Therapy, Inc, Labeed Diab, and Joseph Jordan's unopposed motion for leave to brief in support of their motion to dismiss in excess of 15 pages but no more than 30 pages and for Plaintiffs' to be given leave to file their opposition brief in excess of 15 pages but not more than 30 pages #66 is granted. Emailed notice (mw, )
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Filing 66
MOTION by Defendants ATI Physical Therapy, Inc., Labeed Diab, Joseph Jordan for leave to file excess pages UNOPPOSED MOTION FOR LEAVE TO FILE OVERSIZE BRIEF IN SUPPORT OF THE ATI DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT (Rosenthal, Jason)
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Filing 65
MINUTE entry before the Honorable Edmond E. Chang: The Court is still considering the Local Rule 40.4 reassignment motion #50 , and thanks the parties for their patience. The tracking status hearing of 04/01/2022 is reset to 04/15/2022 at 8:30 a.m., but to track this motion only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 64
MINUTE entry before the Honorable Edmond E. Chang: The Local Rule 40.4 reassignment motion #50 remains under consideration. The tracking status hearing of 03/14/2022 is reset to 04/01/2022 at 8:30 a.m., but to track this motion only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 63
MINUTE entry before the Honorable Edmond E. Chang: The Court has the Local Rule 40.4 reassignment motion #50 under consideration. The tracking status hearing of 03/04/2022 is reset to 03/18/2022 at 8:30 a.m., but to track this motion only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 62
MINUTE entry before the Honorable Edmond E. Chang: On the Local Rule 40.4 reassignment motion #50 , the tracking status hearing of 02/18/2022 is reset to 03/04/2022 at 8:30 a.m., but to track this motion only (no appearance is required, the case will not be called). The Court will endeavor to decide the motion before the next tracking status hearing. Emailed notice (mw, )
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Filing 61
MINUTE entry before the Honorable Edmond E. Chang: Jeremy P. Robinson's motion to appear pro hac vice for Plaintiff Melborne Firefighters' Retirement System #60 is granted. Emailed notice (mw, )
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Filing 60
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19142265. (Robinson, Jeremy)
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Filing 59
REPLY by Hamza Ghaith to memorandum in opposition to motion #51 (Joint Reply in Support of Motion to Reassign Case Pursuant to L.R. 40.4) (Malmstrom, Carl)
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Filing 58
Consolidated AMENDED complaint by The Phoenix Pension & Provident Funds, The Phoenix Insurance Company Ltd., Melbourne Firefighters' Retirement System against ATI Physical Therapy, Inc., Leslee Cowen, Labeed Diab, Marc Furstein, Sunil Gulati, Aaron F. Hood, Joseph Jordan, Andrew A. McKnight, Joshua A. Pack, Carmen A. Policy, Rakefet Russak-Aminoach (Attachments: #1 Exhibit A - Certification)(Van, Austin)
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Filing 57
MINUTE entry before the Honorable Edmond E. Chang: John Neuwirth's, Stefania Venezia's, and Joshua Amsel's motions for leave to appear pro hac vice for Defendants ATI Physical Therapy, Inc., Labeed Diab, and Joseph Jordan #54 , #55 , #56 are granted. Emailed notice (mw, )
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Filing 56
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19128631. (Amsel, Joshua)
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Filing 55
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19128564. (Venezia, Stefania)
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Filing 54
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19128464. (Neuwirth, John)
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Filing 53
ATTORNEY Appearance for Defendants ATI Physical Therapy, Inc., Labeed Diab, Joseph Jordan by Jason M. Rosenthal (Rosenthal, Jason)
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Filing 52
MINUTE entry before the Honorable Edmond E. Chang: On the reassignment motion of the parties in Ghaith v. Diab, et al., 1:21-cv-06415, the Lead Plaintiffs filed its response in opposition. The Ghaith parties may file a reply by 02/09/2022. The tracking status hearing of 02/18/2022 remains in place. Emailed notice (mw, )
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Filing 51
MEMORANDUM by The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds in Opposition to motion to reassign case #50 (Van, Austin)
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Filing 50
MOTION by Movant Hamza Ghaith to reassign case Pursuant to Local Rule 40.4 (Joint) (Attachments: #1 Exhibit A)(Malmstrom, Carl)
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Filing 49
ATTORNEY Appearance for Defendants Leslee Cowen, Marc Furstein, Sunil Gulati, Aaron F. Hood, Andrew A. McKnight, Joshua A. Pack, Carmen A. Policy, Rakefet Russak-Aminoach by Michael M. Powell (Powell, Michael)
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Filing 48
ATTORNEY Appearance for Defendants Leslee Cowen, Marc Furstein, Sunil Gulati, Aaron F. Hood, Andrew A. McKnight, Joshua A. Pack, Carmen A. Policy, Rakefet Russak-Aminoach by Scott D. Musoff (Musoff, Scott)
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Filing 47
MINUTE entry before the Honorable Edmond E. Chang: Michael Powell's and Scott Musoff's motions to appear pro hac vice for Defendants McKnight, Pack, Furstein, Cowen, Hood, Policy, Russak-Aminoach, and Gulati #45 , #46 are granted. Emailed notice (mw, )
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Filing 46
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18968757. (Musoff, Scott)
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Filing 45
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18968582. (Powell, Michael)
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Filing 44
MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 43, the operative pleading (whether a consolidated amended complaint or designation of an existing complaint) is due from the Lead Plaintiffs on 02/08/2022. The defense's dismissal motion or other response is due on 04/11/2022. The Lead Plaintiffs' response to the anticipated dismissal motion is due on 06/10/2022. The defense reply is due on 07/25/2022. The tracking status hearing of 12/10/2021 is reset to 02/18/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 43
STATUS Report Joint Initial Status Report by The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds (Van, Austin)
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Filing 42
MINUTE entry before the Honorable Edmond E. Chang: Austin Van's motion to appear pro hac vice for for The Phoenix Insurance Company Ltd. and The Phoenix Pension & Provident Funds #41 is granted. Emailed notice (mw, )
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Filing 41
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18918824. (Van, Austin)
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Filing 40
MINUTE entry before the Honorable Edmond E. Chang: This entry is being posted in both Case No. 1:21-cv-04349 (Burbige) and Case No. 1:21-cv-05345 (Melbourne). The motion 22 of Movant Phoenix Insurance Company Ltd. and The Phoenix Pension & Provident Funds to consolidate the cases is granted in light of the overlap of the factual and legal issues presented by the two cases. Also, Phoenix Insurance and Phoenix Pension are together deemed the Lead Plaintiffs given their financial interest, which exceeds that of any other proposed lead plaintiff. 15 U.S.C. 78u-4(a)(3)(B)(iii). Phoenix Insurance and Phoenix Pension also otherwise satisfy the requirements of Civil Rule 23 as applicable at this point. Their choice of experienced lead counsel, Pomerantz LLP, is also approved. Accordingly, 1:21-cv-05345 is consolidated into 1:21-cv-04349; Phoenix Insurance and Phoenix Pension are deemed the Lead Plaintiffs; and Pomerantz LLP is deemed the Lead Counsel. All of the prior competing motions are denied. The Lead Plaintiffs shall confer with the Defendants and file the joint initial status report by 12/06/2021. The report shall propose a deadline for the filing of a Consolidated Amended Complaint and a response schedule. All filings shall be posted only on the Burbige docket (1:21-cv-04349), and the Melbourne case docket is terminated without prejudice to the claims in that case (which will be superseded by the Consolidated Amended Complaint). The tracking status hearing of 11/19/2021 is reset to 12/10/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Court will review the status report and set the schedule. Emailed notice (mw, )
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Filing 39
Notice of Non-Opposition to Motion of The Phoenix Insurance Company Ltd. and The Phoenix Pension & Provident Funds for Consolidation, Appointment as Lead Plaintiffs, and Approval of Lead Counsel by The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds (Lieberman, Jeremy)
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Filing 38
NOTICE by Brent Gatacre of Non-Opposition to Competing Lead Plaintiff Motions (Fanning, Lori)
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Filing 37
MEMORANDUM motion to consolidate cases #17 , motion to consolidate cases,, motion for miscellaneous relief, #22 by The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds Memorandum of Law: (1) in Further Support of Motion of the Phoenix Insurance Company Ltd. and the Phoenix Pension & Provident Funds for Consolidation, Appointment as Lead Plaintiffs, and Approval of Lead Counsel; and (2) in Opposition to Competing Motion (Lieberman, Jeremy)
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Filing 36
Notice of Non-Opposition by New York City District Council of Carpenters Pension Fund (Josefson, Avi)
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Filing 35
RESPONSE by Construction Industry Laborers Pension Fund, Local 295 IBT Employer Group Pension Trust and Welfare Funds, Local 353, I.B.E.W. Pension Fund to MOTION by Movant New York City District Council of Carpenters Pension Fund for Appointment as Lead Plaintiff, Approval of Its Selection of Lead Counsel, and Consolidation of Related Actions #24 , MOTION by Movant David Turk for Consolidation of Related Actions; Appointment as Lead Plaintiff; and Approval of Lead Plaintiff's Selection of Counsel #12 , MOTION by Movant Brent Gatacre to consolidate cases ; Appointment as Lead Plaintiff; and Approval of Lead Counsel and Liaison Counsel #17 , MOTION by Movants Phillip Goldstein, The Freedom and Justice Foundation to consolidate cases , for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel #10 , MOTION by Movants The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds to consolidate cases MOTION by Movants The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds FOR APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL #22 (Myers, Danielle)
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Filing 34
Notice by David Turk of Non-Opposition to the Competing Motions for 1) Consolidation of Related Actions; 2) Appointment as Lead Plaintiff; and 3) Approval of Lead Plaintiff's Selection of Counsel (Malmstrom, Carl)
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Filing 33
NOTICE by Phillip Goldstein, The Freedom and Justice Foundation Notice of Non-Opposition (Carroll, Katrina)
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Filing 32
MINUTE entry before the Honorable Edmond E. Chang: This entry is being posted in both Case No. 1:21-cv-04349 (Burbige) and Case No. 1:21-cv-05345 (Melbourne). Future filings should be posted only on the Burbige docket, unless solely specific to the Melbourne case. In Burbige, the defense's unopposed motion #7 to suspend the answer deadline is granted, given the pending decision on a lead plaintiff and the associated possibility of an amended complaint. The 60-day period for filing competing motions for appointment as lead plaintiff under the PSLRA, 15 U.S.C. 78u-4(a)(3), ended on 10/15/2021 (based on the 08/16/2021 notice date). On the competing motions #10 #12 #17 #22 #24 #28 for appointment, any cross-responses shall be filed on 10/29/2021. Any cross-replies are due on 11/05/2021. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 11/19/2021 at 8:30 a.m. on both of the dockets. R. 21 is terminated as unnecessary given the setting of the schedule. In 1:21-cv-05345, R. 5 and R. 9 are terminated without prejudice in light of R. 17 on the Burbige docket and the setting of the schedule. Emailed notice (mw, )
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Filing 31
ATTORNEY Appearance for Movant New York City District Council of Carpenters Pension Fund by Avi Josefson (Josefson, Avi)
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Filing 30
DECLARATION of Avi Josefson regarding motion for miscellaneous relief, #24 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Loss Chart, #3 Exhibit C - Notice of Burbige Action, #4 Exhibit D - Notice of City of Melbourne Action, #5 Exhibit E - Bernstein Litowitz Resume, #6 Exhibit F - Symantec Order, #7 Exhibit G - Exxon Order, #8 Exhibit H - James River Order)(Josefson, Avi)
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Filing 29
MEMORANDUM by Construction Industry Laborers Pension Fund, Local 295 IBT Employer Group Pension Trust and Welfare Funds, Local 353, I.B.E.W. Pension Fund in support of motion for miscellaneous relief, #28 (Myers, Danielle)
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Filing 28
MOTION by Movants Construction Industry Laborers Pension Fund, Local 295 IBT Employer Group Pension Trust and Welfare Funds, Local 353, I.B.E.W. Pension Fund for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certifications, #3 Exhibit C - Estimate of losses, #4 Exhibit D- Joint Declaration, #5 Text of Proposed Order)(Myers, Danielle)
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Filing 27
ATTORNEY Appearance for Movants Construction Industry Laborers Pension Fund, Local 353, I.B.E.W. Pension Fund, Local 295 IBT Employer Group Pension Trust and Welfare Funds by Danielle S. Myers (Myers, Danielle)
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Filing 26
MEMORANDUM by New York City District Council of Carpenters Pension Fund in support of motion for miscellaneous relief, #24 (Josefson, Avi)
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Filing 25
DECLARATION of Jeremy A. Lieberman regarding motion to consolidate cases,, motion for miscellaneous relief, #22 (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certification, #4 Declaration D - Joint Declaration, #5 Exhibit E - Firm Resume)(Lieberman, Jeremy)
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Filing 24
MOTION by Movant New York City District Council of Carpenters Pension Fund for Appointment as Lead Plaintiff, Approval of Its Selection of Lead Counsel, and Consolidation of Related Actions (Attachments: #1 Text of Proposed Order)(Josefson, Avi)
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Filing 23
MEMORANDUM by The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds in support of motion to consolidate cases,, motion for miscellaneous relief, #22 (Lieberman, Jeremy)
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Filing 22
MOTION by Movants The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds to consolidate cases , MOTION by Movants The Phoenix Insurance Company Ltd., The Phoenix Pension & Provident Funds FOR APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL (Lieberman, Jeremy)
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Filing 21
MOTION by Movant Brent Gatacre to set a briefing schedule regarding competing motions for: (1) Consolidation; (2) Appointment as Lead Plaintiff; and (3) Approval of Lead Counsel and Liaison Counsel (Attachments: #1 Text of Proposed Order)(Fanning, Lori)
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Filing 20
NOTICE by Brent Gatacre of Filing Motion for Briefing Schedule Regarding Competing Motions for: (1) Consolidation; (2) Appointment as Lead Plaintiff; and (3) Approval of Lead Counsel and Liaison Counsel (Fanning, Lori)
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Filing 19
DECLARATION of Lori A. Fanning regarding motion to consolidate cases #17 (Attachments: #1 Exhibit A - First Notice of Pendency of a Class Action, #2 Exhibit B - Gatacre's PSLRA Certification, #3 Exhibit C - Firm Resume of Faruqi & Faruqi, LLP, #4 Exhibit D - Women's Business Enterprise National Council Certificate, #5 Exhibit E - Firm Resume of Miller Law LLC)(Fanning, Lori)
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Filing 18
MEMORANDUM by Brent Gatacre in support of motion to consolidate cases #17 (Fanning, Lori)
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Filing 17
MOTION by Movant Brent Gatacre to consolidate cases ; Appointment as Lead Plaintiff; and Approval of Lead Counsel and Liaison Counsel (Attachments: #1 Text of Proposed Order)(Fanning, Lori)
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Filing 16
NOTICE by Brent Gatacre of Filing Motion for (1) Consolidation; (2) Appointment as Lead Plaintiff; and (3) Approval of Lead Counsel and Liaison Counsel (Fanning, Lori)
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Filing 15
DECLARATION of Carl V. Malmstrom regarding motion for miscellaneous relief #12 , memorandum in support of motion, #13 (Declaration of Carl V. Malmstrom in Support of Motion of David Turk for Consolidation of Related Cases; Appointment as Lead Plaintiff; and Approval of Lead Plaintiff's Selection of Counsel) (Attachments: #1 Exhibit 1, #2 2, #3 3, #4 4, #5 5)(Malmstrom, Carl)
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Filing 14
ATTORNEY Appearance for Movant David Turk by Carl V. Malmstrom (Malmstrom, Carl)
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Filing 13
MEMORANDUM by David Turk in support of motion for miscellaneous relief #12 (Memorandum of Law in Support of Motion of David Turk for Consolidation of Related Cases; Appointment of Lead Plaintiff; and Approval of Lead Plaintiff's Selection of Counsel) (Malmstrom, Carl)
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Filing 12
MOTION by Movant David Turk for Consolidation of Related Actions; Appointment as Lead Plaintiff; and Approval of Lead Plaintiff's Selection of Counsel (Malmstrom, Carl)
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Filing 11
MEMORANDUM by Phillip Goldstein, The Freedom and Justice Foundation in support of motion to consolidate cases #10 (Attachments: #1 Exhibit Morris Declaration, #2 Exhibit A to Morris Declaration - Notice, #3 Exhibit B to Morris Declaration - Loss Report, #4 Exhibit C to Morris Declaration - Goldstein Certification, #5 Exhibit D to Morris Declaration - Goldstein Declaration, #6 Exhibit E to Morris Declaration - Block & Leviton Resume, #7 Exhibit F to Morris Declaration - Morris Kandinov Resume, #8 Exhibit G to Morris Declaration - Carlson Lynch Resume)(Carroll, Katrina)
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Filing 10
MOTION by Movants Phillip Goldstein, The Freedom and Justice Foundation to consolidate cases , for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel (Carroll, Katrina)
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Filing 9
STATUS Report (Joint) by Kevin Burbige, Ziyang Nie (Ludwig, Louis)
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Filing 8
ATTORNEY Appearance for Plaintiffs Kevin Burbige, Ziyang Nie by Louis Carey Ludwig (Ludwig, Louis)
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Filing 7
MOTION by Defendants Leslee Cowen, Marc Furstein, Sunil Gulati, Aaron F. Hood, Andrew A. McKnight, Joshua A. Pack, Carmen A. Policy, Rakefet Russak-Aminoach for extension of time to file response/reply to Plaintiffs' Complaint (Joint) (Attachments: #1 Exhibit Joint Stipulation and Proposed Order)(Smith, Charles)
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Filing 6
ATTORNEY Appearance for Defendants Leslee Cowen, Marc Furstein, Sunil Gulati, Aaron F. Hood, Andrew A. McKnight, Joshua A. Pack, Carmen A. Policy, Rakefet Russak-Aminoach by Charles F. Smith, Jr (Smith, Charles)
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Filing 5
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiffs did not file a status report, missing the deadline of 09/29/2021. R. 4. The deadline is reset to 10/14/2021. If no report is filed, then the case might be dismissed for lack of prosecution. The tracking status hearing of 10/08/2021 is reset to 10/22/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 4
MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 10/08/2021 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 09/29/2021. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, )
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Filing 3
ATTORNEY Appearance for Plaintiffs Kevin Burbige, Ziyang Nie by J. Alexander Hood, II (Hood, J. Alexander)
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SUMMONS Issued as to Defendants ATI Physical Therapy, Inc. f/k/a Fortress Value Acquisition Corp. II, Leslee Cowen, Labeed Diab, Marc Furstein, Sunil Gulati, Aaron F. Hood, Joseph Jordan, Andrew A. McKnight, Joshua A. Pack, Carmen A. Policy, Rakefet Russak-Aminoach (mxo, )
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Filing 2
CIVIL Cover Sheet (Lieberman, Jeremy)
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Filing 1
COMPLAINT filed by Ziyang Nie, Kevin Burbige; Jury Demand. Filing fee $ 402, receipt number 0752-18569103. (Attachments: #1 Certification and Schedule A - Kevin Burbige, #2 Certification and Schedule A - Ziyang Nie)(Lieberman, Jeremy)
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (crl, )
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