Carr v. Analogic Corporation et al
| Jeanette A. Carr |
| Michael T. Modic, Joseph E. Whitters, Bernard C. Bailey, James J. Judge, Jeffrey P. Black, Stephen A. Odland, Fred B Parks and Analogic Corporation |
| Louis Buttny |
| Mr. Russ Burcaw |
| 1:2018cv11301 |
| June 21, 2018 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Allison D Burroughs |
| Indira Talwani |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 71 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's Letter Requests [ECF Nos. #67 and #70 ] are DENIED. The Order of Dismissal, [ECF No. #66 ], was a final judgment and terminated this matter with prejudice per the Court's Memorandum and Order, [ECF No. #65 ]. See Villoldo v. Ruz, 821 F.3d 196, 200 (1st Cir. 2016) (affirming district court's determination that a nearly identical Order of Dismissal was a final judgment and satisfied the requirements for a judgment as set out in Federal Rule of Civil Procedure 58). The Court's Order of Dismissal and Memorandum and Order were filed on September 30, 2019. Under Rule 59(e), Plaintiff had 28 days after entry of that judgment to file a Motion to Alter or Amend. Plaintiff is therefore advised that the deadline to file a Motion to Alter or Amend Judgment under Rule 59(e) has passed. (McDonagh, Christina) |
| Filing 70 Letter/request (non-motion) from Esther Lee Bylsma . (Lee, Eun) |
| Filing 69 Response by Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters to #67 Letter/request (non-motion) . (Halston, Daniel) |
| Filing 68 Response by Analogic Corporation to #67 Letter/request (non-motion) . (Burt, Antony) |
| Filing 67 Letter/request (non-motion) from Esther Lee Bylsma . (Attachments: #1 Exhibit A)(Lee, Eun) |
| Filing 66 Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE(McDonagh, Christina) |
| Filing 65 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. The motions to dismiss #46 , #49 are GRANTED, and the Amended Complaint is dismissed with prejudice. The Court finds that the challenged statements are protected under the PSLRA safe harbor and the bespeaks caution doctrine as forward-looking statements with sufficient cautionary language. In the alternative, the Court has determined that the statements, as pled, were nonactionable statements of opinion because they were not objectively or subjectively false and were not misleading. SO ORDERED.(McDonagh, Christina) |
| Filing 64 NOTICE of Withdrawal of Appearance by Robert B. Carmel-Montes (Carmel-Montes, Robert) |
| Filing 63 NOTICE by Louis Buttny Notice of Recent Authority in Further Opposition to Defendants' Motion to Dismiss (Attachments: #1 Exhibit 1)(Wissbroecker, David) |
| Filing 62 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #61 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 61 MOTION for Leave to File Plaintiff's Unopposed Motion for Leave to File Recent Authority in Further Opposition to Defendants' Motion to Dismiss by Louis Buttny. (Attachments: #1 Proposed Notice, #2 Exhibit 1)(Wissbroecker, David) |
| Filing 60 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #59 Lead Plaintiff's Unopposed Motion to Approve Block & Leviton LLP as Liaison Counsel (McDonagh, Christina) |
| Filing 59 Lead Plaintiff's Unopposed Motion to Approve Block & Leviton LLP as Liaison Counsel by Louis Buttny.(Lee, Eun) Modified to change CM/ECF filing event on 5/7/2019 (McDonagh, Christina). |
| Filing 58 Notice of Supplemental Authorities re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #46 MOTION to Dismiss #45 (Attachments: #1 Exhibit A)(Halston, Daniel) |
| Filing 57 NOTICE by Louis Buttny Plaintiff's Notice of Recent Authority (Attachments: #1 Exhibit A)(Lee, Eun) |
| Filing 56 REPLY to Response to #46 MOTION to Dismiss #45 filed by Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters. (Halston, Daniel) |
| Filing 55 REPLY to Response to #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Analogic Corporation. (Burt, Antony) |
| Filing 54 Opposition re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #46 MOTION to Dismiss #45 Plaintiff's Omnibus Opposition to Defendants' Motions to Dismiss the Amended Complaint filed by Louis Buttny. (Lee, Eun) |
| Filing 53 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #52 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 52 MOTION for Leave to File a Single, Omnibus Memorandum in Opposition to Defendants' Two Motions to Dismiss by Louis Buttny.(Lee, Eun) |
| Filing 51 DECLARATION re #50 Memorandum in Support of Motion, #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Declaration of Jin Yan] by Analogic Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Yan, Jin) |
| Filing 50 MEMORANDUM in Support re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Analogic Corporation. (Burt, Antony) |
| Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Analogic Corporation.(Burt, Antony) |
| Filing 48 DECLARATION re #46 MOTION to Dismiss #45 by Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters. (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)(Halston, Daniel) |
| Filing 47 MEMORANDUM in Support re #46 MOTION to Dismiss #45 filed by Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters. (Halston, Daniel) |
| Filing 46 MOTION to Dismiss #45 by Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters.(Wolkoff, Eric) |
| Filing 45 AMENDED COMPLAINT Consolidated Amended Complaint for Violation of the Securities Exchange Act of 1934 against All Defendants, filed by Louis Buttny. (Attachments: #1 Exhibit A)(Lee, Eun) |
| Filing 44 ELECTRONIC ENDORSEMENT APPROVING #43 Stipulation filed by Louis Buttny (Folan, Karen) |
| Filing 43 STIPULATION Joint Stipulation Regarding The Complaint and Defendants' Responses by Louis Buttny. (Attachments: #1 Text of Proposed Order)(Lee, Eun) |
| Filing 42 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the foregoing reasons, this case and the related action, Russ Burcaw v. Analogic Corporation et al., No. 18-cv-11557-ADB (D. Mass. July 24, 2018), are hereby consolidated. Mr. Buttnys motion to be appointed lead plaintiff and for approval of his selection of counsel [ECF No. #19 ] is GRANTED, and the Groups competing motion [ECF No. #20 ] is DENIED. In light of this order and the consolidation of the related actions, the motions pending in the Burcaw case [ECF Nos. #21 , #24 ] are DENIED as moot. SO ORDERED. Associated Cases: 1:18-cv-11301-ADB, 1:18-cv-11557-ADB(McDonagh, Christina) |
| Filing 41 REPLY to Response to #19 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Louis Buttny. (Carmel-Montes, Robert) |
| Filing 40 MEMORANDUM in Support re #22 MOTION to Consolidate Cases and Appoint Lead Plaintiffs and Approval of their Selection of Lead Counsel filed by Jeanette A. Carr. (Leviton, Jason) |
| Filing 39 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #37 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 38 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #36 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 37 Assented to MOTION for Leave to File Reply Memorandum in Further Support of Motion for Appointment of Lead Plaintiffs and Approval of Their Selection of Lead Counsel by Jeanette A. Carr. (Attachments: #1 Exhibit Memorandum in Support)(Leviton, Jason) |
| Filing 36 Assented to MOTION for Leave to File Reply in Further Support of Lead Plaintiff Motion by Louis Buttny. (Attachments: #1 Text of Proposed Order, #2 Reply in Further Support of Lead Plaintiff Motion)(Carmel-Montes, Robert) |
| Filing 35 MEMORANDUM in Opposition re #19 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Jeanette A. Carr. (Leviton, Jason) |
| Filing 34 Opposition re #22 MOTION to Consolidate Cases and Appoint Lead Plaintiffs filed by Louis Buttny. (Carmel-Montes, Robert) |
| Filing 33 NOTICE of Appearance by Anthony S. Burt on behalf of Analogic Corporation (Burt, Anthony) |
| Filing 32 NOTICE of Appearance by Molly L. Wiltshire on behalf of Analogic Corporation (Wiltshire, Molly) |
| Filing 31 NOTICE of Appearance by Jin Yan on behalf of Analogic Corporation (Yan, Jin) |
| Filing 30 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #27 Motion for Leave to Appear Pro Hac Vice Added Jin Yan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 29 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #26 Motion for Leave to Appear Pro Hac Vice Added Molly L. Wiltshire. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 28 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #25 Motion for Leave to Appear Pro Hac Vice Added Anthony S. Burt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice for admission of Jin Yan Filing fee: $ 100, receipt number 0101-7288350 by Analogic Corporation. (Attachments: #1 Certification of Jin Yan)(Dinardo, Patrick) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice for admission of Molly L. Wiltshire Filing fee: $ 100, receipt number 0101-7288339 by Analogic Corporation. (Attachments: #1 Certification of Molly L. Wiltshire)(Dinardo, Patrick) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice for admission of Antony S. Burt Filing fee: $ 100, receipt number 0101-7288322 by Analogic Corporation. (Attachments: #1 Certification of Antony S. Burt)(Dinardo, Patrick) |
| Filing 24 DECLARATION re #23 Memorandum in Support of Motion, #22 MOTION to Consolidate Cases and Appoint Lead Plaintiffs by Jeanette A. Carr. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Leviton, Jason) |
| Filing 23 MEMORANDUM in Support re #22 MOTION to Consolidate Cases and Appoint Lead Plaintiffs filed by Jeanette A. Carr. (Leviton, Jason) |
| Filing 22 MOTION to Consolidate Cases and Appoint Lead Plaintiffs by Jeanette A. Carr. (Attachments: #1 Text of Proposed Order)(Leviton, Jason) |
| Filing 21 AFFIDAVIT of Robert Carmel-Montes in Support re #19 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Louis Buttny. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Carmel-Montes, Robert) |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Louis Buttny. (Carmel-Montes, Robert) |
| Filing 19 MOTION to Consolidate Cases , for Appointment as Lead Plaintiff, MOTION to Appoint Counsel ( Responses due by 9/4/2018) by Louis Buttny. (Attachments: #1 Text of Proposed Order)(Carmel-Montes, Robert) |
| Filing 18 NOTICE of Appearance by Nicholas M. O'Donnell on behalf of Analogic Corporation (O'Donnell, Nicholas) |
| Filing 17 NOTICE of Appearance by Patrick P. Dinardo on behalf of Analogic Corporation (Dinardo, Patrick) |
| Filing 16 STIPULATION and Proposed Order Regarding Time to Answer by Analogic Corporation, Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters. (Wolkoff, Eric) |
| Filing 15 NOTICE of Appearance by Eric D. Wolkoff on behalf of Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters (Wolkoff, Eric) |
| Filing 14 NOTICE of Appearance by Yavor L. Nechev on behalf of Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters (Nechev, Yavor) |
| Filing 13 NOTICE of Appearance by Daniel W. Halston on behalf of Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters (Halston, Daniel) |
| Filing 12 ELECTRONIC NOTICE of Case Reassignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Danieli, Chris) |
| Filing 11 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING Motion to Relate Case to Previously-Filed Actions #7 . As this case is related to Barta v. Analogic Corp., et al., 18-cv-10965, pursuant to Local Rule 40.1(g)(1) and (5) and 40.1(i)(1), Judge Burroughs and Judge Talwani jointly direct the transfer of the case to Judge Burroughs' session. (MacDonald, Gail) |
| Filing 10 AMENDED NOTICE of Appearance by Eric D. Wolkoff on behalf of Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters (Wolkoff, Eric) |
| Filing 9 AMENDED NOTICE of Appearance by Yavor L. Nechev on behalf of Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters (Nechev, Yavor) |
| Filing 8 AMENDED NOTICE of Appearance by Daniel W. Halston on behalf of Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters (Halston, Daniel) |
| Filing 7 MOTION for Order to Relate Case to Previously-Filed Actions by Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters.(Halston, Daniel) Modified filer on 7/26/2018 (DaSilva, Carolina). |
| Filing 6 NOTICE of Appearance by Eric D. Wolkoff on behalf of Analogic Corporation, Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters (Wolkoff, Eric) |
| Filing 5 NOTICE of Appearance by Yavor L. Nechev on behalf of Analogic Corporation, Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters (Nechev, Yavor) |
| Filing 4 NOTICE of Appearance by Daniel W. Halston on behalf of Analogic Corporation, Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters (Halston, Daniel) |
| Filing 3 Summons Issued as to Analogic Corporation, Bernard C. Bailey, Jeffrey P. Black, James J. Judge, Michael T. Modic, Stephen A. Odland, Fred B Parks, Joseph E. Whitters. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Vieira, Leonardo) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Pacho, Arnold) |
| Filing 1 COMPLAINT against STEPHEN A. ODLAND, JAMES J. JUDGE, Bernard C. Bailey, Analogic Corporation, FRED B. PARKS, MICHAEL T. MODIC, JOSEPH E. WHITTERS, JEFFREY P. BLACK Filing fee: $ 400, receipt number 0101-7195835 (Fee Status: Filing Fee paid), filed by Jeanette A. Carr. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Plaintiffs Certificate)(Leviton, Jason) (Attachment 1 replaced on 6/21/2018) (Vieira, Leonardo). (Attachment 2 replaced on 6/21/2018) (Vieira, Leonardo). |
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