Luongo v. Desktop Metal, Inc. et al
| Nicholas Luongo and Ajmair Heer |
| Desktop Metal, Inc., Ric Fulop, James Haley, Ali El-Siblani and Michael Jafar |
| Carl W. Lentz IV, Zeyu Liu, Mathew McInally, Henry Ng, Yichun Xie, Harold Weber, Sophia Zhou, Zenologie LLC and Rommel Milliam |
| 1:2021cv12099 |
| December 21, 2021 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Securities/Commodities |
| Plaintiff |
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| Filing 125 Judge Indira Talwani: ORDER entered. JUDGMENT. Please see attached Associated Cases: 1:21-cv-12099-IT, 1:22-cv-10059-IT, 1:22-cv-10173-IT, 1:22-cv-10297-IT(Kelly, Danielle) |
| Filing 124 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. Defendants' Motion to Dismiss [Doc. No. #109 ] is GRANTED.IT IS SO ORDERED. Please see attached. (Kelly, Danielle) |
| Filing 123 NOTICE of Appearance by Allison Strittmater O'Hara on behalf of Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley, Michael Jafar (O'Hara, Allison) |
| Filing 122 NOTICE of Appearance by Jeff G. Hammel on behalf of Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley, Michael Jafar (Hammel, Jeff) |
| Filing 121 Judge Indira Talwani: ELECTRONIC ORDER allowing #120 Assented to Motion for Leave to Appear Pro Hac Vice Added Jeff G. Hammel and Allie O'Hara. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 120 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jeff G. Hammel and Allie O'Hara Filing fee: $ 250, receipt number AMADC-10039416 by Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley, Michael Jafar. (Attachments: #1 Affidavit / Certification of Jeff G. Hammel in Support of Motion for Admission Pro Hac Vice, #2 Affidavit / Certification of Allie O'Hara in Support of Motion for Admission Pro Hac Vice)(Trach, William) |
| Filing 119 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 9/13/2023 re #109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint filed by Ali El-Siblani, Michael Jafar, Desktop Metal, Inc., Ric Fulop, James Haley. Case called. Court heard argument from counsel. Motion taken under advisement. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Daryl DeValerio Andrews, Lucas Gilmore, Brenda Szydlo,Kristin N Murphy, Allie O'Hara (must file an appearance)) (MacDonald, Gail) |
| Filing 118 Supplemental MEMORANDUM in Opposition re #109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint filed by Yichun Xie, Sophia Zhou. (Gilmore, Lucas) |
| Filing 117 Supplemental MEMORANDUM in Support re #109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint filed by Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley, Michael Jafar. (Trach, William) |
| Filing 116 Judge Indira Talwani: ELECTRONIC ORDER requesting supplemental briefing on the implications of the First Circuit's decision in Fire and Police Pension Ass'n of Colorado v. Abiomed, Inc., 778 F.3d 228 (1st Cir. 2015) on Plaintiffs' Rule 10b-5 claims against Defendants. Parties shall submit any briefing to the court no later than September 8, 2023, and shall limit their briefing to five pages or less. (Kelly, Danielle) |
| Filing 115 ELECTRONIC NOTICE Setting Hearing on Motion #109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint : Motion Hearing set for 9/13/2023 03:30 PM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 114 REPLY to Response to #109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint filed by Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley, Michael Jafar. (Trach, William) |
| Filing 113 MEMORANDUM in Opposition re #109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint filed by Yichun Xie, Sophia Zhou. (Gilmore, Lucas) |
| Filing 112 AFFIDAVIT in Opposition re #109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint filed by Yichun Xie, Sophia Zhou. (Attachments: #1 Exhibit 1 - Excerpt of Desktop 1Q21 Form 10-Q, #2 Exhibit 2 - Excerpt of Desktop 2Q21 Form 10-Q)(Gilmore, Lucas) |
| Filing 111 MEMORANDUM in Support re #109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint filed by Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley, Michael Jafar. (Trach, William) |
| Filing 110 AFFIDAVIT of Kristin N. Murphy in Support re #109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint filed by Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley, Michael Jafar. (Attachments: #1 Exhibit A - 2021.03.15 10-K Excerpts, #2 Exhibit B - 2021.01.15 8-K, #3 Exhibit C - 2021.01.15 Call Tr., #4 Exhibit D - 2021.02.17 8-K, #5 Exhibit E - 2021.03.15 8-K, #6 Exhibit F - 2021.05.12 Press Release, #7 Exhibit G - 2021.05.17 Presentation, #8 Exhibit H - 2021.08.11 10-Q, #9 Exhibit I - 2021.11.08 8-K (1), #10 Exhibit J - 2021.11.08 8-K (2), #11 Exhibit K - 2021.11.15 10-Q, #12 Exhibit L - 2022.02.15 Notice, #13 Exhibit M - 2022.03.10 Notice, #14 Exhibit N - 2022.03.15 10-K, #15 Exhibit O - 2023.02.15 Ltr., #16 Exhibit P - Chart)(Trach, William) |
| Filing 109 MOTION to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint by Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley, Michael Jafar.(Trach, William) |
| Filing 108 WAIVER OF SERVICE Returned Executed by Yichun Xie, Sophia Zhou. (Gilmore, Lucas) |
| Filing 107 AMENDED COMPLAINT (CORRECTED CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS) against Ric Fulop, Desktop Metal, Inc., Michael Jafar, James Haley, Ali El-Siblani, filed by Yichun Xie, Sophia Zhou.(Gilmore, Lucas) |
| Filing 106 AMENDED COMPLAINT (CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS) against Ric Fulop, Desktop Metal, Inc., James Haley, Ali El-Siblani, Michael Jafar, filed by Yichun Xie, Sophia Zhou.(Gilmore, Lucas) |
| Filing 105 Judge Indira Talwani: ORDER entered. Schedule for the filing of an Amended Complaint and Defendants' Response Thereto in Re-Consolidated Action. (Kelly, Danielle) |
| Filing 104 Judge Indira Talwani: ELECTRONIC ORDER granting #103 Joint Motion for Extension of Time to File an Amended Complaint and Defendants' Response Thereto. (Kelly, Danielle) |
| Filing 103 Joint MOTION for Extension of Time to File an Amended Complaint and Defendants' Response Thereto by Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley. (Attachments: #1 Text of Proposed Order)(Murphy, Kristin) |
| Filing 102 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/caseinfo/transcripts.htm Associated Cases: 1:21-cv-12099-IT, 1:22-cv-10059-IT, 1:22-cv-10173-IT(Coppola, Katelyn) |
| Filing 101 Transcript of Motion Hearing held on August 19, 2022, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 11/10/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/18/2023. Associated Cases: 1:21-cv-12099-IT, 1:22-cv-10059-IT, 1:22-cv-10173-IT(Coppola, Katelyn) |
| Filing 100 NOTICE of Appearance by Dean Paul Ferrogari on behalf of Yichun Xie (Ferrogari, Dean) |
| Filing 99 NOTICE of Appearance by Brenda Szydlo on behalf of Yichun Xie (Szydlo, Brenda) |
| Filing 98 Judge Indira Talwani: ORDER entered. Order Consolidating Cases For Pretrial Proceedings. Please see attached. (Kelly, Danielle) |
| Filing 97 Joint MOTION for Reconsolidation of Related Actions by Sophia Zhou. (Attachments: #1 Text of Proposed Order)(Gilmore, Lucas) |
| Filing 96 Judge Indira Talwani: ELECTRONIC NOTICE the parties are hereby notified that on September 21, 2022, the court appointed lead counsel in the related matter Xie v. Desktop Metal 22-cv-10297. Accordingly, pursuant to the Schedule #95 entered here, a motion to reconsolidate or notice that the parties will not be seeking reconsolidation shall be filed no later than September 28, 2022. (Kelly, Danielle) |
| Filing 95 Judge Indira Talwani: ORDER entered. Schedule for the Filing of An Amended Complaint and Defendants' Response Thereto and Related Matters. Please see attached. (Kelly, Danielle) |
| Filing 94 Judge Indira Talwani: ELECTRONIC ORDER entered granting #93 Joint Motion for Extension of Time to File Amended Complaint and Defendants' Response Thereto. (Kelly, Danielle) |
| Filing 93 Joint MOTION for Extension of Time to File Amended Complaint and Defendants' Response Thereto by Sophia Zhou. (Attachments: #1 Text of Proposed Order (if actions re-consolidated), #2 Text of Proposed Order (if actions not re-consolidated))(Gilmore, Lucas) |
| Filing 92 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani. Motion Hearing held on 8/19/2022 re #90 Joint MOTION to Extend Time for Lead Plaintiff to Amend Complaint and for Defendants to Respond to Complaint filed by Sophia Zhou. Case called. Court heard argument from counsel. Motion denied without prejudice. Counsel may refile and provide 2 different proposed schedules, as stated in open court. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Lucas Gilmore, Raffi Melanson, Reed R Kathrein, Kristin N Murphy) (MacDonald, Gail) |
| Filing 91 ELECTRONIC NOTICE Setting Hearing on Motion #90 Joint MOTION to Extend Time for Lead Plaintiff to Amend Complaint and for Defendants to Respond to Complaint: Motion Hearing set for 8/19/2022 10:00 AM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 90 Joint MOTION to Extend Time for Lead Plaintiff to Amend Complaint and for Defendants to Respond to Complaint by Sophia Zhou. (Attachments: #1 Text of Proposed Order)(Gilmore, Lucas) |
| Filing 89 Judge Indira Talwani: ORDER entered. Order Granting Lead Plaintiff Sophia Zhou's Renewed Motion for Approval of Selection of Lead Counsel. (Kelly, Danielle) |
| Filing 88 Judge Indira Talwani: ELECTRONIC ORDER denying Plaintiff Heer's #23 Motion for Consolidation, Appointment as Lead Plaintiff, and Approval of Lead and Liaison Counsel for the reasons set forth in the court's #73 Memorandum and Order. (Kelly, Danielle) |
| Filing 87 Assented to MOTION to Appoint Counsel by Sophia Zhou. (Attachments: #1 Text of Proposed Order)(Melanson, Raffi) |
| Filing 86 NOTICE of Appearance by Kristin N Murphy on behalf of Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley (Murphy, Kristin) |
| Filing 85 NOTICE of Appearance by Reed R Kathrein on behalf of Sophia Zhou (Kathrein, Reed) |
| Filing 84 Judge Indira Talwani: ELECTRONIC ORDER granting #82 Assented to Motion for Leave to Appear Pro Hac Vice Added Kristin N. Murphy. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 83 Judge Indira Talwani: ELECTRONIC ORDER granting #81 Motion for Leave to Appear Pro Hac Vice Added Reed R. Kathrein. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 82 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Kristin N. Murphy Filing fee: $ 100, receipt number AMADC-9410000 by Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley. (Attachments: #1 Certification of Kristin N. Murphy in Support of Motion for Admission Pro Hac Vice)(Trach, William) |
| Filing 81 MOTION for Leave to Appear Pro Hac Vice for admission of Reed R. Kathrein Filing fee: $ 100, receipt number AMADC-9409610 by Sophia Zhou. (Attachments: #1 Affidavit of Reed R. Kathrein)(Melanson, Raffi) |
| Filing 80 NOTICE of Appearance by Steve W. Berman on behalf of Sophia Zhou (Berman, Steve) |
| Filing 79 NOTICE of Appearance by Lucas Gilmore on behalf of Sophia Zhou (Gilmore, Lucas) |
| Filing 78 Judge Indira Talwani: ELECTRONIC ORDER granting #77 Motion for Leave to Appear Pro Hac Vice Added Steve W. Berman. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Kelly, Danielle) |
| Filing 77 MOTION for Leave to Appear Pro Hac Vice for admission of Steve W. Berman Filing fee: $ 100, receipt number AMADC-9407669 by Sophia Zhou. (Attachments: #1 Affidavit of Steve W. Berman)(Melanson, Raffi) |
| Filing 76 Judge Indira Talwani: ELECTRONIC ORDER granting #75 Motion for Leave to Appear Pro Hac Vice Added Lucas E. Gilmore. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 75 MOTION for Leave to Appear Pro Hac Vice for admission of Lucas E. Gilmore Filing fee: $ 100, receipt number AMADC-9405358 by Sophia Zhou. (Attachments: #1 Affidavit of Lucas E. Gilmore)(Melanson, Raffi) |
| Filing 74 NOTICE of Appearance by Raffi Melanson on behalf of Sophia Zhou (Melanson, Raffi) |
| Filing 73 Judge Indira Talwani: ORDER entered. The electronic order [#8] consolidating this action with other actions is vacated, the motion #5 is denied as to consolidation and denied without prejudice as to appointment of Lead Plaintiff and Lead Counsel. See attached MEMORANDUM AND ORDER. Please see attached. Associated Cases: 1:21-cv-12099-IT, 1:22-cv-10297-IT (Kelly, Danielle) Modified on 8/19/2022: corrected docket text (Kelly, Danielle). |
| Filing 72 Judge Indira Talwani: ELECTRONIC ORDER Allowing #70 Assented to Motion for Leave to Appear Pro Hac Vice for admission of J. Alexander Hood II ; Allowing #71 Assented to Motion for Leave to Appear Pro Hac Vice for admission of Jeremy A. Lieberman. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Kelly, Danielle) |
| Filing 71 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy A. Lieberman Filing fee: $ 100, receipt number AMADC-9242805 by Yichun Xie. (Attachments: #1 Affidavit of Jeremy A. Lieberman)(DeValerio, Glen) |
| Filing 70 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of J. Alexander Hood II Filing fee: $ 100, receipt number AMADC-9242780 by Yichun Xie. (Attachments: #1 Affidavit in Support of J Alexander Hood II)(DeValerio, Glen) |
| Filing 69 SUR-REPLY to Motion re #36 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases filed by Sophia Zhou. (Melanson, Raffi) |
| Filing 68 Judge Indira Talwani: ELECTRONIC ORDER Allowing #67 Motion for Leave to File a Sur-Reply in Further Support of Her Motion to Appoint Lead Plaintiff and Approve Lead Counsel and Her Opposition to Competing Lead Plaintiff Motions; 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. (Kelly, Danielle) |
| Filing 67 MOTION for Leave to File a Sur-Reply in Further Support of Her Motion to Appoint Lead Plaintiff and Approve Lead Counsel and Her Opposition to Competing Lead Plaintiff Motions by Sophia Zhou. (Attachments: #1 Exhibit A - Proposed Reply Brief)(Melanson, Raffi) |
| Filing 66 SUR-REPLY to Motion re #28 MOTION to Appoint Counsel Motion of Yichun Xie for Consolidation, Appointment as Lead Plaintiff, and Approval of Counsel filed by Ajmair Heer. (Attachments: #1 Exhibit Exh. A - Xie Docket, #2 Exhibit Exh. B - Corrected Schedule A)(Matorin, Mitchell) |
| Filing 65 Judge Indira Talwani: ELECTRONIC ORDER granting AjMair Heers Motion for Leave to File Sur-Reply #64 . Counsel is advised, however, that the court does not need a 3 page motion requesting leave to file a 5 page brief. Future requests presented in such a form will be denied.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. (Dore, Samantha) |
| Filing 64 MOTION for Leave to File SUR-REPLY MEMORANDUM OF LAW IN RESPONSE TO NEW ARGUMENTS RAISED BY YICHUN XIE AND IN FURTHER SUPPORT OF AJMAIR HEERS MOTION FOR: (1) CONSOLIDATION; (2) APPOINTMENT AS LEAD PLAINTIFF; AND (3) APPROVAL OF LEAD AND LIAISON COUNSEL by Ajmair Heer. (Attachments: #1 Proposed Sur-Reply, #2 Exh. A to Proposed Sur-Reply, #3 Exh. B to Proposed Sur-Reply)(Matorin, Mitchell) |
| Filing 63 Judge Indira Talwani: ELECTRONIC ORDER denying without prejudice as moot in part and granting in part Zenologie LLC and Rommel Milliam's #39 Motion for Appointment as Lead Co-Plaintiffs and Consolidation. The request to appoint Zenologie LLC and Rommel Milliam as co-lead plaintiffs is denied without prejudice as moot in light of Zenologie LLC and Rommel Milliam's #50 Notice of Motion of Non-Opposition to Competing Motions. The request to consolidate cases with Xie v. Desktop Metal Inc., et al, 1:22-cv-10297-IT is granted. (Dore, Samantha) |
| Filing 62 Judge Indira Talwani:ELECTRONIC ORDER denying without prejudice as moot in part and granting in part Harold Weber's #33 Motion for Appointment as Lead Plaintiff and Consolidation. The request to appoint Harold Weber as lead plaintiff is denied without prejudice as moot in light of Harold Weber's #44 Notice of Motion of Non-Opposition to Competing Motions. The request to consolidate cases with Xie v. Desktop Metal Inc., et al, 1:22-cv-10297-IT is granted. (Dore, Samantha) |
| Filing 61 Judge Indira Talwani: ELECTRONIC ORDER denying without prejudice as moot Henry Ng's #24 Motion for Appointment as Lead Plaintiff in light of Henry Ng's #43 Notice of Motion of Non-Opposition to Competing Motions. (Dore, Samantha) |
| Filing 60 Judge Indira Talwani: ELECTRONIC ORDER terminating Mathew McInally's #20 Motion for Appointment as Lead Plaintiff in light of #45 Notice of Withdrawal of Mathew McInally's Motion. (Dore, Samantha) |
| Filing 59 Judge Indira Talwani: ELECTRONIC ORDER terminating Zeyu Liu's #17 Motion for Appointment as Lead Plaintiff in light of #42 Notice of Withdrawal of Zeyu Liu's Motion. (Dore, Samantha) |
| Filing 58 Judge Indira Talwani: ELECTRONIC ORDER denying as moot Carl W. Lentz IV's #14 Motion for Appointment as Lead Plaintiff in light of Carl W. Lentz IV's #51 Notice of Non-Opposition to Competing Motions. (Dore, Samantha) |
| Filing 57 REPLY to Response to #23 MOTION APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL REPLY TO SOPHIA ZHOUS RESPONSE IN FURTHER SUPPORT OF HER MOTION TO APPOINT LEAD PLAINTIFF AND APPROVE LEAD COUNSEL filed by Ajmair Heer. (Matorin, Mitchell) |
| Filing 56 Judge Indira Talwani: ELECTRONIC ORDER allowing #53 MOTION for Leave to File Reply Memorandum In Further Support Of (1) Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of Counsel; And (2) In Opposition To Competing MotionsCounsel 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. (Dore, Samantha) |
| Filing 55 Judge Indira Talwani: ELECTRONIC ORDER allowing #52 MOTION for Leave to File Reply To Sophia Zhous Response In Further Support Of Her Motion To Appoint Lead Plaintiff And Approve Lead Counsel 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. (Dore, Samantha) |
| Filing 54 Proposed REPLY to Response to #53 MOTION for Leave to File REPLY MEMORANDUM IN FURTHER SUPPORT OF (1) MOTION FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL; AND (2) IN OPPOSITION TO COMPETING MOTIONS filed by Yichun Xie. (DeValerio, Glen) |
| Filing 53 MOTION for Leave to File REPLY MEMORANDUM IN FURTHER SUPPORT OF (1) MOTION FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL; AND (2) IN OPPOSITION TO COMPETING MOTIONS by Yichun Xie.(DeValerio, Glen) |
| Filing 52 MOTION for Leave to File REPLY TO SOPHIA ZHOUS RESPONSE IN FURTHER SUPPORT OF HER MOTION TO APPOINT LEAD PLAINTIFF AND APPROVE LEAD COUNSEL by Ajmair Heer. (Attachments: #1 Exhibit Proposed Reply Brief)(Matorin, Mitchell) |
| Filing 51 NOTICE by Carl W. Lentz IV re #14 MOTION to Appoint Counsel and Appoint Lead Plaintiff - Notice of Non-Opposition to Competing Lead Plaintiff Motions (Hopkins, Shannon) |
| Filing 50 NOTICE by Rommel Milliam, Zenologie LLC re #39 MOTION to Consolidate Cases , Appoint Co-Lead Plaintiffs, and Approval of Selection of Co-Lead Counsel Notice of Non-Opposition to Competing Lead Plaintiff Motions (Lawrence, Amanda) |
| Filing 49 MEMORANDUM in Support re #36 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases filed by Sophia Zhou. (Attachments: #1 Declaration of Lucas E. Gilmore, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Sobol, Thomas) |
| Filing 48 AFFIDAVIT of Mitchell J. Matorin in Opposition re #24 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #33 MOTION to Consolidate Cases MOTION to Appoint Counsel , #36 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases , #17 MOTION MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF COUNSEL , #39 MOTION to Consolidate Cases , Appoint Co-Lead Plaintiffs, and Approval of Selection of Co-Lead Counsel, #14 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #20 MOTION to Appoint Counsel Motion of Mathew McInally for Appointment as Lead Plaintiff and Approval of Counsel, #28 MOTION to Appoint Counsel Motion of Yichun Xie for Consolidation, Appointment as Lead Plaintiff, and Approval of Counsel filed by Ajmair Heer. (Attachments: #1 XIE PSLRA Cert - Complaint, #2 XIE PSLRA Cert - Motion for Consolidation)(Matorin, Mitchell) |
| Filing 47 MEMORANDUM in Opposition re #39 MOTION to Consolidate Cases , Appoint Co-Lead Plaintiffs, and Approval of Selection of Co-Lead Counsel, #14 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #24 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #33 MOTION to Consolidate Cases MOTION to Appoint Counsel , #36 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases , #17 MOTION MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF COUNSEL , #20 MOTION to Appoint Counsel Motion of Mathew McInally for Appointment as Lead Plaintiff and Approval of Counsel, #28 MOTION to Appoint Counsel Motion of Yichun Xie for Consolidation, Appointment as Lead Plaintiff, and Approval of Counsel filed by Ajmair Heer. (Matorin, Mitchell) |
| Filing 46 MEMORANDUM in Support re #28 MOTION to Appoint Counsel Motion of Yichun Xie for Consolidation, Appointment as Lead Plaintiff, and Approval of Counsel - Memorandum of Law: (1) in Further Support of Motion of Yichun Xie for Consolidation, Appointment as Lead Plaintiff, and Approval of Counsel; and (2) in Opposition to Competing Motions filed by Yichun Xie. (Attachments: #1 Affidavit, #2 Exhibit A)(Andrews, Daryl) |
| Filing 45 NOTICE by Mathew McInally re #20 MOTION to Appoint Counsel Motion of Mathew McInally for Appointment as Lead Plaintiff and Approval of Counsel - Notice of Withdrawal of Mathew McInally's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel (Andrews, Daryl) |
| Filing 44 NOTICE by Harold Weber re #33 MOTION to Consolidate Cases MOTION to Appoint Counsel -Notice of Non-Opposition of Harold Weber to Competing Motions For Appointment As Lead Plaintiff and Approval of Counsel- (Buttacavoli, Steven) |
| Filing 43 NOTICE by Henry Nguyen re #24 MOTION to Appoint Counsel and Appoint Lead Plaintiff Notice of Non-Opposition for Lead Plaintiff Appointment (Block, Jeffrey) |
| Filing 42 NOTICE by Zeyu Liu re #17 MOTION MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF COUNSEL NOTICE OF WITHDRAWAL OF MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF"S SELECTION OF COUNSEL (Hess-Mahan, Theodore) |
| Filing 41 AFFIDAVIT in Support re #39 MOTION to Consolidate Cases , Appoint Co-Lead Plaintiffs, and Approval of Selection of Co-Lead Counsel filed by Rommel Milliam, Zenologie LLC. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Movants Certifications, #3 Exhibit C - Movants Loss Chart, #4 Exhibit D - Movants Joint Declaration, #5 Exhibit E - Scott+Scott Firm Resume, #6 Exhibit F - Hedin Hall Firm Resume)(Lawrence, Amanda) |
| Filing 40 MEMORANDUM in Support re #39 MOTION to Consolidate Cases , Appoint Co-Lead Plaintiffs, and Approval of Selection of Co-Lead Counsel filed by Rommel Milliam, Zenologie LLC. (Lawrence, Amanda) |
| Filing 39 MOTION to Consolidate Cases , Appoint Co-Lead Plaintiffs, and Approval of Selection of Co-Lead Counsel by Zenologie LLC, Rommel Milliam. (Attachments: #1 Text of Proposed Order)(Lawrence, Amanda) |
| Filing 38 DECLARATION re #36 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases by Sophia Zhou. (Attachments: #1 Exhibit A - Movant's Certification, #2 Exhibit B - Movant's Loss Chart, #3 Exhibit C - Notice of Pendency, #4 Exhibit D- Firm Resume, #5 Exhibit E- Movant's Declaration)(Sobol, Thomas) |
| Filing 37 MEMORANDUM in Support re #36 MOTION to Appoint Counsel and Appoint Lead Plaintiff MOTION to Consolidate Cases filed by Sophia Zhou. (Sobol, Thomas) |
| Filing 36 MOTION to Appoint Counsel and Appoint Lead Plaintiff, MOTION to Consolidate Cases ( Responses due by 3/8/2022) by Sophia Zhou. (Attachments: #1 Text of Proposed Order)(Sobol, Thomas) |
| Filing 35 DECLARATION re #33 MOTION to Consolidate Cases MOTION to Appoint Counsel , #34 Memorandum in Support of Motion by Harold Weber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Buttacavoli, Steven) |
| Filing 34 MEMORANDUM in Support re #33 MOTION to Consolidate Cases MOTION to Appoint Counsel filed by Harold Weber. (Buttacavoli, Steven) |
| Filing 33 MOTION to Consolidate Cases , MOTION to Appoint Counsel ( Responses due by 3/8/2022) by Harold Weber. (Attachments: #1 Text of Proposed Order)(Buttacavoli, Steven) |
| Filing 32 AFFIDAVIT of Jeremy A. Lieberman in Support re #28 MOTION to Appoint Counsel Motion of Yichun Xie for Consolidation, Appointment as Lead Plaintiff, and Approval of Counsel filed by Yichun Xie. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Andrews, Daryl) |
| Filing 31 AFFIDAVIT of Jeffrey C. Block in Support re #24 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Henry Nguyen. (Attachments: #1 Exhibit Notice, #2 Exhibit Expanded Class Period Notice, #3 Exhibit Certification, #4 Exhibit Loss Chart, #5 Exhibit B&L Firm Resume)(Block, Jeffrey) |
| Filing 30 MEMORANDUM in Support re #28 MOTION to Appoint Counsel Motion of Yichun Xie for Consolidation, Appointment as Lead Plaintiff, and Approval of Counsel filed by Yichun Xie. (Andrews, Daryl) |
| Filing 29 Proposed Document(s) submitted by Ajmair Heer. Document received: Proposed Order on Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel. (Matorin, Mitchell) |
| Filing 28 MOTION to Appoint Counsel Motion of Yichun Xie for Consolidation, Appointment as Lead Plaintiff, and Approval of Counsel by Yichun Xie. (Attachments: #1 Text of Proposed Order)(Andrews, Daryl) |
| Filing 27 AFFIDAVIT in Support re #23 MOTION APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL filed by Ajmair Heer. (Attachments: #1 PLSRA Notice, #2 PLSRA Certification, #3 Heer Declaration, #4 Faruqi Firm Resume, #5 Women's Business Enterprise Certificate)(Matorin, Mitchell) |
| Filing 26 MEMORANDUM in Support re #24 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Henry Nguyen. (Block, Jeffrey) |
| Filing 25 MEMORANDUM in Support re #23 MOTION APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL filed by Ajmair Heer. (Matorin, Mitchell) |
| Filing 24 MOTION to Appoint Counsel and Appoint Lead Plaintiff by Henry Nguyen. (Attachments: #1 Text of Proposed Order)(Block, Jeffrey) |
| Filing 23 MOTION APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL by Ajmair Heer.(Matorin, Mitchell) |
| Filing 22 AFFIDAVIT of Daryl Andrews in Support re #20 MOTION to Appoint Counsel Motion of Mathew McInally for Appointment as Lead Plaintiff and Approval of Counsel filed by Mathew McInally. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Andrews, Daryl) |
| Filing 21 MEMORANDUM in Support re #20 MOTION to Appoint Counsel Motion of Mathew McInally for Appointment as Lead Plaintiff and Approval of Counsel filed by Mathew McInally. (Andrews, Daryl) |
| Filing 20 MOTION to Appoint Counsel Motion of Mathew McInally for Appointment as Lead Plaintiff and Approval of Counsel by Mathew McInally. (Attachments: #1 Text of Proposed Order)(Andrews, Daryl) |
| Filing 19 AFFIDAVIT of Theodore M. Hess-Mahan in Support re #17 MOTION MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF COUNSEL filed by Zeyu Liu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hess-Mahan, Theodore) |
| Filing 18 MEMORANDUM in Support re #17 MOTION MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF COUNSEL filed by Zeyu Liu. (Hess-Mahan, Theodore) |
| Filing 17 MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF COUNSEL by Zeyu Liu. (Attachments: #1 Text of Proposed Order)(Hess-Mahan, Theodore) Modified on 2/23/2022: Updated docket text. (Dore, Samantha). |
| Filing 16 AFFIDAVIT of Shannon L. Hopkins in Support re #14 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Carl W. Lentz IV. (Attachments: #1 Exhibit A - PSLRA Certification, #2 Exhibit B - Loss Chart, #3 Exhibit C - PSLRA Notice, #4 Exhibit D - Declaration, #5 Exhibit E - LK Resume)(Hopkins, Shannon) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Carl W. Lentz IV. (Hopkins, Shannon) |
| Filing 14 MOTION to Appoint Counsel and Appoint Lead Plaintiff by Carl W. Lentz IV. (Attachments: #1 Text of Proposed Order)(Hopkins, Shannon) |
| Filing 13 Judge Indira Talwani: ELECTRONIC ORDER granting Consent Motion to Extend Time to Respond to Complaint #12 . The time for Defendants in each of the consolidated actions to respond to the complaint in this matter is stayed until after the court has appointed lead plaintiff and lead counsel in this putative securities class action; and the lead plaintiff has filed an amended complaint or consolidated amended complaint. Within 14 days of the court's Order appointing lead plaintiff and approving lead counsel, lead plaintiff and Defendants shall confer and submit a proposed schedule for the filing of an amended complaint and Defendants' response thereto. (Dore, Samantha) |
| Filing 12 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley.(Trach, William) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Desktop Metal, Inc.. (Trach, William) |
| Filing 10 NOTICE of Appearance by William J. Trach on behalf of Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley (Trach, William) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Nicholas Luongo. James Haley waiver sent on 2/3/2022, answer due 4/4/2022. (Andrews, Daryl) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Nicholas Luongo. Ric Fulop waiver sent on 2/3/2022, answer due 4/4/2022. (Andrews, Daryl) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Nicholas Luongo. Ali El-Siblani waiver sent on 2/3/2022, answer due 4/4/2022. (Andrews, Daryl) |
| Filing 6 RESPONSE TO COURT ORDER by Nicholas Luongo re #5 Order consolidating cases Directing Plaintiff to File Certifications. (Attachments: #1 Exhibit A, #2 Exhibit B)(Andrews, Daryl) |
| Filing 5 Judge Indira Talwani: ORDER entered. ORDER consolidating cases. Please see attached. Associated Cases: 1:21-cv-12099-IT, 1:22-cv-10059-IT, 1:22-cv-10173-IT(Dore, Samantha) |
| Filing 4 AFFIDAVIT OF SERVICE Executed by Nicholas Luongo. Desktop Metal, Inc. served on 1/27/2022, answer due 2/17/2022. Acknowledgement filed by Nicholas Luongo. (Andrews, Daryl) |
| Filing 3 Summons Issued as to Desktop Metal, Inc., Ali El-Siblani, Ric Fulop, James Haley. 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. (de Oliveira, Flaviana) |
| 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 M. Page Kelley. (Finn, Mary) |
| Filing 1 COMPLAINT Class Action against All Defendants Filing fee: $ 402, receipt number AMADC-9107892 (Fee Status: Filing Fee paid), filed by Nicholas Luongo. (Attachments: #1 Civil Cover Sheet and Category Form)(Andrews, Daryl). (Attachment 1 replaced on 12/21/2021 with corrected pdf) (de Oliveira, Flaviana). |
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