Xie v. Desktop Metal, Inc. et al
| Yichun Xie |
| Desktop Metal, Inc., Ric Fulop, James Haley and Ali El-Siblani |
| 1:2022cv10297 |
| February 22, 2022 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Securities/Commodities |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
Docket Report
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| Filing 34 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 33 Judge Indira Talwani: ORDER entered. Order Consolidating Cases For Pretrial Proceedings. Please see attached. (Kelly, Danielle) |
| Filing 32 NOTICE of Appearance by Dean Paul Ferrogari on behalf of Yichun Xie (Ferrogari, Dean) |
| Filing 31 Judge Indira Talwani: ELECTRONIC ORDER granting #28 Motion for Leave to Appear Pro Hac Vice Added Dean P. Ferrogari. 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. (Currie, Haley) |
| Filing 30 Judge Indira Talwani: ELECTRONIC ORDER granting #27 Motion for Leave to Appear Pro Hac Vice Added Brenda Szydlo. 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. (Currie, Haley) |
| Filing 29 Judge Indira Talwani: ELECTRONIC ORDER granting #26 Motion for Leave to Appear Pro Hac Vice Added 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. (Currie, Haley) |
| Filing 28 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Dean P. Ferrogari Filing fee: $ 100, receipt number AMADC-9513433 by Yichun Xie. (Attachments: #1 Affidavit)(Andrews, Daryl) |
| Filing 27 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Brenda Szydo Filing fee: $ 100, receipt number AMADC-9513419 by Yichun Xie. (Attachments: #1 Affidavit)(Andrews, Daryl) |
| Filing 26 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy A. Lieberman Filing fee: $ 100, receipt number AMADC-9513407 by Yichun Xie. (Attachments: #1 Affidavit Affidavit of Jeremy A. Lieberman)(Andrews, Daryl) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Yichun Xie. Ric Fulop waiver sent on 9/14/2022, answer due 11/14/2022. (Andrews, Daryl) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Yichun Xie. James Haley waiver sent on 9/14/2022, answer due 11/14/2022. (Andrews, Daryl) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Yichun Xie. Desktop Metal, Inc. waiver sent on 9/14/2022, answer due 11/14/2022. (Andrews, Daryl) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Yichun Xie. Ali El-Siblani waiver sent on 9/14/2022, answer due 11/14/2022. (Andrews, Daryl) |
| Filing 21 Judge Indira Talwani: ELECTRONIC NOTICE on September 13, 2022, the court order Plaintiff to promptly serve each Defendant with a summons and copy of the complaint, or obtain a waiver of service, and to make the necessary filings regarding such service or waiver. Plaintiff's counsel shall promptly comply with the court's Order. (Kelly, Danielle) |
| Filing 20 Judge Indira Talwani: ORDER entered. Order Appointing Approving Selection Of Counsel. Please see attached. (Kelly, Danielle) |
| Filing 19 MOTION to Appoint Counsel Lead Plaintiff Yichun Xie's Renewed Motion for Approval of Selection of Counsel and Supporting Memorandum by Yichun Xie. (Attachments: #1 Text of Proposed Order)(Andrews, Daryl) |
| Filing 18 Judge Indira Talwani: ORDER entered granting in part and denying in part #13 Motion of Yichun Xie For Appointment as Lead Plaintiff and Approval of Lead Counsel. Please see attached. (Kelly, Danielle) |
| Filing 17 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 16 Order,,,, #13 MOTION to Appoint Counsel Motion of Yichun Xie For Appointment as Lead Plaintiff and Approval of Lead Counsel by Daryl DeValerio Andrews on behalf of Yichun Xie. (Andrews, Daryl) |
| Filing 16 Judge Indira Talwani: ELECTRONIC ORDER: On February 22, 2022, Plaintiff filed the Complaint #1 in this action and summonses were issued, see #3 . In March 2022, the court consolidated the case with another matter, see Elec. Order 8 , and on July 7, 2022, vacated that order, see Mem. & Order #9 . To date, Plaintiff has not filed proof of service or Defendants waiver of service. Plaintiff shall promptly serve each Defendant with a summons and copy of the complaint, or obtain a waiver of service, and make the necessary filings. In addition, Plaintiffs counsel shall serve a copy of the Motion to Appoint Counsel #13 , Memorandum in Support #14 , and Affidavit in Support #15 on Defendants counsel in the related matter, Luongo et al. v. Desktop Metal, Inc., et al., Civil Action 21-cv-12099; inquire whether Defendants counsel in Luongo will be representing Defendants in this action; and if so, confer regarding the pending motion in this action and file a further 7.1 certificate. (Kelly, Danielle) |
| Filing 15 AFFIDAVIT in Support re #13 MOTION to Appoint Counsel Motion of Yichun Xie For Appointment as Lead Plaintiff and Approval of Lead Counsel filed by Yichun Xie. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Andrews, Daryl) |
| Filing 14 MEMORANDUM in Support re #13 MOTION to Appoint Counsel Motion of Yichun Xie For Appointment as Lead Plaintiff and Approval of Lead Counsel filed by Yichun Xie. (Andrews, Daryl) |
| Filing 13 MOTION to Appoint Counsel Motion of Yichun Xie For Appointment as Lead Plaintiff and Approval of Lead Counsel by Yichun Xie. (Attachments: #1 Text of Proposed Order)(Andrews, Daryl) |
| Filing 12 Judge Indira Talwani: ELECTRONIC ORDER granting #11 Assented to Motion for Leave to Appear Pro Hac Vice Added Thomas H. Przybylowski. 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 11 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Thomas H. Przybylowski Filing fee: $ 100, receipt number AMADC-9460221 by Yichun Xie. (Attachments: #1 Affidavit)(Andrews, Daryl) |
| Filing 10 NOTICE by Yichun Xie of Publication of Notice of Pendency (Attachments: #1 Affidavit Declaration of Daryl Andrews, #2 Exhibit A to Declaration)(Andrews, Daryl) |
| Filing 9 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 8 Judge Indira Talwani: ELECTRONIC ORDER consolidating cases. Associated cases: 1:21-cv-12099-IT, 1:22-cv-10059-IT, 1:22-cv-10173-IT.(Dore, Samantha) |
| Filing 7 AFFIDAVIT of Jeremy A. Lieberman in Support re #5 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 6 MEMORANDUM in Support re #5 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 5 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 4 EXHIBIT re #1 Complaint, Corrected Schedule A by Yichun Xie. (Andrews, Daryl) |
| Filing 3 Summons Issued as to All Defendants. 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. (Pacho, Arnold) |
| 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 Complaint for Violation of Federal Securities Laws against All Defendants Filing fee: $ 402, receipt number AMADC-9195172 (Fee Status: Filing Fee paid), filed by Yichun Xie. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Category Form, #3 Affidavit, #4 Exhibit A)(Andrews, Daryl) |
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