Michael C. Pizzuto v. Homology Medicines, Inc. et al
| Michael C. Pizzuto |
| Homology Medicines, Inc., Arthur O. Tzianabos, W. Bradford Smith, Albert Seymour and Theresa McNeely |
| Jeffrey Ertz, Scott Boyd, Kasey Kahne, Ronald McCall and Jason Rofeh |
| 1:2023cv10858 |
| April 21, 2023 |
| US District Court for the District of Massachusetts |
| Angel Kelley |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 92 Request for Judicial Notice and Incorporation by Reference in Support of Motion to Dismiss Amended Class Action Complaint by Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Johnson, Michele) |
| Filing 91 AFFIDAVIT of Meryn C. N. Grant in Support re #89 MOTION to Dismiss Amended Class Action Complaint filed by Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (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, #16 Exhibit 16)(Johnson, Michele) |
| Filing 90 MEMORANDUM in Support re #89 MOTION to Dismiss Amended Class Action Complaint filed by Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Attachments: #1 Appendix A)(Johnson, Michele) |
| Filing 89 MOTION to Dismiss Amended Class Action Complaint by Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos.(Johnson, Michele) |
| Filing 88 District Judge Angel Kelley: ELECTRONIC ORDER entered. The Court ADOPTS the parties' proposed briefing schedule. [See Dkt. 80].Motion to dismiss due by June 8, 2023.Opposition due by July 13, 2023.Reply due by August 3, 2023.The Court also ALLOWS the parties to file extra pages as requested: 25 pages for the motion and opposition and 13 pages for the reply.(Lara, Miguel) |
| Filing 87 Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Scheduling Conference held on 5/9/2023 by video conference. Case called. Proposed schedule adopted by the Court regarding deadlines and page limits. The Court will advise the parties if a motion hearing will be scheduled on the anticipated motion to dismiss. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Brenda Szydlo, Daryl DeValerio Andrews, Dean Paul Ferrogari, Adam Apton for Plaintiff; Colleen C Smith and Meryn C. N. Grant for Defendants) (Lara, Miguel) |
| Filing 86 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #82 , #83 , and #84 Motions for Leave to Appear Pro Hac Vice. Added Adam M. Apton, Brenda Szydlo, and Dean Ferrogari. 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. (Pacho, Arnold) |
| Filing 85 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #81 Motion for Leave to Appear Pro Hac Vice. Added Michele D. Johnson, Colleen C. Smith, and Meryn C.N. Grant. 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. (Pacho, Arnold) |
| Filing 84 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Dean Ferrogari Filing fee: $ 125, receipt number AMADC-9839753 by Scott Boyd, Kasey Kahne, Michael C. Pizzuto, Jason Rofeh.(Andrews, Daryl) |
| Filing 83 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Brenda Szydlo Filing fee: $ 125, receipt number AMADC-9839698 by Scott Boyd, Kasey Kahne, Michael C. Pizzuto, Jason Rofeh.(Andrews, Daryl) |
| Filing 82 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Adam M. Apton Filing fee: $ 125, receipt number AMADC-9839423 by Scott Boyd, Kasey Kahne, Michael C. Pizzuto, Jason Rofeh. (Attachments: #1 Affidavit)(Andrews, Daryl) |
| Filing 81 MOTION for Leave to Appear Pro Hac Vice for admission of Michele D. Johnson, Colleen C. Smith, and Meryn C. N. Grant Filing fee: $ 375, receipt number AMADC-9838660 by Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Attachments: #1 Certification of Michele D. Johnson, #2 Certification of Colleen C. Smith, #3 Certification of Meryn C. N. Grant)(Trach, William) |
| Filing 80 STATUS REPORT (JOINT) by Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Trach, William) |
| Filing 79 CORPORATE DISCLOSURE STATEMENT by Homology Medicines, Inc.. (Trach, William) |
| Filing 78 NOTICE of Appearance by William J. Trach on behalf of Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos (Trach, William) |
| Filing 77 NOTICE Resetting a Hearing. Scheduling Conference set for 5/9/2023 02:00 PM in Remote Proceeding : Boston before District Judge Angel Kelley. **TIME CHANGE ONLY**(Lara, Miguel) |
| Filing 76 NOTICE of Appearance by Daryl DeValerio Andrews on behalf of Scott Boyd, Kasey Kahne, Michael C. Pizzuto, Jason Rofeh (Andrews, Daryl) |
| Filing 75 NOTICE of Scheduling Conference:The parties are invited to submit a proposed pretrial schedule, per the attached sample, no later than May 3, 2023. Scheduling Conference set for 5/9/2023 02:30 PM in Remote Proceeding : Boston before District Judge Angel Kelley. (Lara, Miguel) |
| Filing 74 District Judge Angel Kelley: ELECTRONIC ORDER entered. The parties shall file a joint status report by May 3, 2023. The joint status report shall provide the Court, at minimum, a brief summary of the complaint and procedural history, in addition to a proposed deadline for responsive pleadings, as there do not appear to be any on file. The parties may also include a proposed schedule for fact discovery if appropriate.(Lara, Miguel) |
| Filing 73 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 Jennifer C. Boal. (Danieli, Chris) |
| Filing 72 Case transferred in from District of California Central; Case Number 2:22-cv-01968. |
Filing 71
ORDER GRANTING DEFENDANTS' MOTION TO TRANSFER. THUS ACTION IS TRANSFERRED TO US DISTRICT COURT OF MASSACHUSETTS. #53 by Judge Fernando L. Aenlle-Rocha. Case electronically sent to USDC Masschusetts on 4/18/2023. (Made JS-6. Case Terminated.) (lc)
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Filing 70
TEXT ENTRY (IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANT HOMOLOGY MEDICINES, INC., ARTHUR O. TZIANABOS, W. BRADFORD SITH, THERESA MCNEELY, AND ALBERT SEYMOUR'S TO DISMISS AMENDED CLASS ACTION COMPLAINT (DKT. #62 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that Defendants' Motion to Dismiss Amended Class Action Complaint currently scheduled for hearing on Februry 17, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 69 REPLY in Support of Request for Incorporation by Reference and Judicial Notice In Support of NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint #62 filed by Defendants Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Grant, Meryn) |
| Filing 68 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint #62 filed by Defendants Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Johnson, Michele) |
| Filing 67 RESPONSE filed by Movants Scott Boyd, Kasey Kahne, Jason Rofeh, Plaintiff Michael C. Pizzutoto Request for Judicial Notice, #63 - Plaintiffs' Opposition to Defendants' Request for Incorporation by Reference and Judicial Notice (Attachments: #1 [Proposed] Order Granting in Part, and Denying in Part, Defendants' Request for Incorporation by Reference and Judicial Notice in Support of Motion to Dismiss Plaintiffs' Amended Class Action Complaint for Violations of the Federal Securities Laws)(Szydlo, Brenda) |
| Filing 66 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint #62 - Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Class Action Complaint filed by Movants Scott Boyd, Kasey Kahne, Jason Rofeh, Plaintiff Michael C. Pizzuto. (Attachments: #1 [Proposed] Order Denying Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint for Violations of the Federal Securities Laws)(Szydlo, Brenda) |
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Filing 65
ORDER GRANTING STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS #61 by Judge Fernando L. Aenlle-Rocha : The Scheduling Conference currently set for November 18, 2022 is VACATED, and will be reset by the court following its ruling on Defendants' Motion to Dismiss. Plaintiffs' Response to Defendants' Motion to Dismiss shall be filed on or before December 13, 2022. Defendants' Reply in support of their Motion to Dismiss shall be filed on or before January 27, 2023. (lc) Modified on 10/19/2022 (lc).
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| Filing 64 RESPONSE filed by Defendants Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabosto Notice of Decision by other Court, #60 (Smith, Colleen) |
| Filing 63 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint #62 filed by Defendants Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Attachments: #1 Proposed Order)(Smith, Colleen) |
| Filing 62 NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint filed by Defendants Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. Motion set for hearing on 2/17/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Appendix A, #2 Declaration of Meryn C. N. Grant, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Proposed Order) (Johnson, Michele) |
| Filing 61 STIPULATION to Continue Scheduling Conference and Set Briefing Schedule for Motion to Dismiss Re: Initial Order Setting R26 Scheduling Conference - form only #57 filed by Defendants Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Attachments: #1 Proposed Order)(Smith, Colleen) |
| Filing 60 NOTICE of Decision: Supplemental Authority re Order Denying Motion to Transfer Venue filed by Plaintiffs Scott Boyd, Kasey Kahne, Michael C. Pizzuto, Jason Rofeh. (re DKT. #53 ) (Attachments: #1 Exhibit Goldstein et al. v. General Motors LLC)(Apton, Adam) |
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Filing 59
TEXT ENTRY (IN CHAMBERS) ORDER TAKING DEFENDANT HOMOLOGY MEDICINES, INC. ET AL MOTION TO CHANGE VENUE (DKT. #53 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Change Venue currently scheduled for hearing on October 14, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 58 REPLY in support of NOTICE OF MOTION AND MOTION to Change Venue to District of Massachusetts #53 filed by Defendants Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Attachments: #1 Declaration of Colleen C. Smith, #2 Exhibit A to Declaration of Colleen C. Smith)(Johnson, Michele) |
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Filing 57
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 11/18/2022 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 56 OPPOSITION to NOTICE OF MOTION AND MOTION to Change Venue to District of Massachusetts #53 filed by Movants Scott Boyd, Kasey Kahne, Jason Rofeh, Plaintiff Michael C. Pizzuto. (Attachments: #1 Declaration Adam M. Apton, #2 Exhibit Clinical Trial Website, #3 Exhibit Audit Committee Charter, #4 Exhibit Underwriting Agreement, #5 Exhibit Form 10-K FY2021, #6 Exhibit Judicial Caseload Profile, #7 Declaration Michael C. Pizzuto, #8 Declaration Jason Rofeh, #9 Declaration Michelle Rofeh-Lensky, #10 Declaration Jaclyn Cahill)(Apton, Adam) |
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Filing 55
ORDER GRANTING APPLICATION of Non-Resident Attorney Dean P. Ferrogari to Appear Pro Hac Vice on behalf of Movants Scott Boyd, Kasey Kahne, Jason Rofeh, and designating Jennifer Pafiti as local counsel #54 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 54 APPLICATION of Non-Resident Attorney Dean P. Ferrogari to Appear Pro Hac Vice on behalf of Movants Scott Boyd, Kasey Kahne, Jason Rofeh, Plaintiff Michael C. Pizzuto (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33961393) filed by Lead Plaintiffs and Named Plaintiff Scott Boyd, Kasey Kahne, Michael C. Pizzuto, Jason Rofeh. (Attachments: #1 Proposed Order, #2 Certificates of Good Standing) (Pafiti, Jennifer) |
| Filing 53 NOTICE OF MOTION AND MOTION to Change Venue to District of Massachusetts filed by Defendants Homology Medicines, Inc., Theresa McNeely, Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. Motion set for hearing on 10/14/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration of Paul Alloway, PH.D., J.D., #2 Proposed Order) (Johnson, Michele) |
| Filing 52 Notice of Appearance or Withdrawal of Counsel: for attorney Meryn C. N. Grant counsel for Defendant Theresa McNeely. Adding Meryn C. N. Grant as counsel of record for Theresa McNeely for the reason indicated in the G-123 Notice. Filed by Defendant Theresa McNeely. (Attorney Meryn C. N. Grant added to party Theresa McNeely(pty:dft))(Grant, Meryn) |
| Filing 51 Notice of Appearance or Withdrawal of Counsel: for attorney Colleen C Smith counsel for Defendant Theresa McNeely. Adding Colleen C. Smith as counsel of record for Theresa McNeely for the reason indicated in the G-123 Notice. Filed by Defendant Theresa McNeely. (Attorney Colleen C Smith added to party Theresa McNeely(pty:dft))(Smith, Colleen) |
| Filing 50 Notice of Appearance or Withdrawal of Counsel: for attorney Michele D. Johnson counsel for Defendant Theresa McNeely. Adding Michele D. Johnson as counsel of record for Theresa McNeely for the reason indicated in the G-123 Notice. Filed by Defendant Theresa McNeely. (Attorney Michele D. Johnson added to party Theresa McNeely(pty:dft))(Johnson, Michele) |
| Filing 49 PROOF OF SERVICE Executed by Plaintiff Jason Rofeh, Michael C. Pizzuto, Kasey Kahne, Scott Boyd, upon Defendant Theresa McNeely served on 8/16/2022, answer due 9/6/2022. Service of the Summons and Complaint were executed upon Theresa McNeely in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Apton, Adam) |
| Filing 48 21 DAY Summons Issued re FIRST AMENDED COMPLAINT #46 as to defendant Theresa McNeely. (lc) |
| Filing 47 Request for Clerk to Issue Summons on Amended Complaint/Petition, #46 filed by Plaintiffs Scott Boyd, Kasey Kahne, Michael C. Pizzuto, Jason Rofeh. (Apton, Adam) |
| Filing 46 First AMENDED COMPLAINT against Defendants Homology Medicines, Inc., Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos, Theresa McNeely amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiffs Jason Rofeh, Michael C. Pizzuto, Kasey Kahne, Scott Boyd(Attorney Adam Marc Apton added to party Michael C. Pizzuto(pty:pla))(Apton, Adam) |
| Filing 45 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Appearance or Withdrawal of Counsel (G-123)- Notice of Appearance or Withdrawal of Counsel: for attorney Lucas E Gilmore counsel for Movant Ronald McCall #39 by Judge Fernando L. Aenlle-Rocha. The document is stricken. OTHER: The Movant is not a termed party. (lc) |
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Filing 44
ORDER GRANTING IN PART STIPULATION TO EXTEND DEADLINE TO FILE AMENDED COMPLAINT AND SET BRIEFING SCHEDULE #43 by Judge Fernando L. Aenlle-Rocha: 1. Plaintiffs shall file an amended complaint by August 15, 2022; 2. Defendants shall file their motion to transfer venue by September 2, 2022, Plaintiffs shall file their opposition by September 16, 2022, and Defendants shall file their reply by September 23, 2022; 3. Defendants deadline to answer or otherwise respond to the amended complaint shall be October 14, 2022. (lc)
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| Filing 43 STIPULATION for Extension of Time to Amend filed by Lead Plaintiffs Scott Boyd, Kasey Kahne, Jason Rofeh. (Attachments: #1 Proposed Order)(Attorney Adam Marc Apton added to party Jason Rofeh(pty:mov))(Apton, Adam) |
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Filing 42
ORDER GRANTING APPLICATION of Non-Resident Attorney Brenda Szydlo to Appear Pro Hac Vice on behalf of Movants Scott Boyd, Kasey Kahne, Jason Rofeh, Plaintiff Michael C. Pizzuto and designating Jennifer Pafiti as local counsel #41 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 41 APPLICATION of Non-Resident Attorney Brenda Szydlo to Appear Pro Hac Vice on behalf of Movants Scott Boyd, Kasey Kahne, Jason Rofeh, Plaintiff Michael C. Pizzuto (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33607913) filed by Lead Plaintiffs and Named Plaintiff Scott Boyd, Kasey Kahne, Michael C. Pizzuto, Jason Rofeh. (Attachments: #1 Proposed Order, #2 Certificates of Good Standing) (Attorney Jennifer Pafiti added to party Scott Boyd(pty:mov), Attorney Jennifer Pafiti added to party Kasey Kahne(pty:mov)) (Pafiti, Jennifer) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #39 . The following error(s) was/were found: Movant not termed on the docket. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Lucas E Gilmore counsel for Movant Ronald McCall. Lucas E. Gilmore is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Movant Ronald McCall. (Gilmore, Lucas) |
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Filing 38
ORDER GRANTING STIPULATION APPOINTING CO-LEAD PLAINTIFFS AND CO-LEAD COUNSEL #36 by Judge Fernando L. Aenlle-Rocha: 1. Rofeh, Boyd, and Kahne are hereby APPOINTED Co-Lead Plaintiffs in this action and any subsequently filed or transferred actions that are consolidated with this action, pursuant to 15 U.S.C. 78u-4(a)(3)(B); 2. Co-Lead Plaintiffs' selections of Pomerantz and Levi & Korsinsky as Co-Lead Counsel are hereby APPROVED; 3. Rofeh, McCall, Boyd, and Kahne's Motions for Appointment as Lead Plaintiff and Approval of Selection of Counsel #13 , #15 , #17 are DENIED as moot; and 4. Co-Lead Plaintiffs and Defendants shall comply with the court's Order Granting Stipulation Regarding Service of Process and Scheduling (Dkt. 31) and submit a schedule for the filing of an amended complaint and briefing for any motion to dismiss within fourteen (14) days of the date of entry of this Order. (lc)
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Filing 37
TEXT ENTRY (IN CHAMBERS) ORDER TAKING MOVANT SCOTT BOYD, KASEY KAHNE'S MOTION FOR APPOINTMENT OF COUNSEL AND APPOINTME OF CO-LEAD PLAINTIFFS (DKT. #13 ), MOVANT RONALD McCALLS'S MOTION FOR APPOINTMENT OF COUNSEL AND APPOINTMENT OF LEAD PLAINTIFF (DKT. #15 ) AND MOVANT JASON ROFEH'S MOTION FOR APPOINTMENT OF COUNSEL AND LEAD PLAINTIFF (DKT. #17 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the motions (above) currently scheduled for hearing on July 1, 2022, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, these motions are taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 36 Renewed STIPULATION for Order Appointing Co-Lead Plaintiffs and Co-Lead Counsel filed by movant Jason Rofeh. (Attachments: #1 Proposed Order)(Pafiti, Jennifer) |
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Filing 35
(IN CHAMBERS) ORDER STRIKING STIPULATION (DKT. #34 ) by Judge Fernando L. Aenlle-Rocha: The court STRIKES the parties' Stipulation Appointing Co-Lead Plaintiffs and Co-Lead Counsel for failure to attest on the signature page of the document that all other signatories listed, who electronically signed with a "s" and on whose behalf the filing is submitted, concur in the content of and have authorized the filing. See Local Rule 5-4.3.4. Any renewed stipulation must comply with all applicable statutes and Local Rules. Failure to comply with all applicable statutes and Local Rules in any renewed stipulation, including Local Rule 5-4.3.4, may result in the denial of the stipulation with prejudice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 34 (STRICKEN ON JUNE 23, 2022, PER CM/ECF No. 35) STIPULATION for Order Appointing Co-Lead Plaintiffs and Co-Lead Counsel filed by movant Jason Rofeh. (Attachments: #1 Proposed Order)(Pafiti, Jennifer) Modified on 6/23/2022 (tf). |
| Filing 33 REPLY MEMORANDUM OF POINTS AND AUTHORITIES: (1) IN FURTHER SUPPORT OF MOTION OF JASON ROFEH FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL; AND (2) IN OPPOSITION TO COMPETING MOTIONS NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #17 filed by Movant Jason Rofeh. (Attachments: #1 Declaration of Jennifer Pafiti, #2 Exhibit A - Loss Chart)(Pafiti, Jennifer) |
| Filing 32 REPLY NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Co-Lead Plaintiffs #13 filed by Movants Scott Boyd, Kasey Kahne. (Apton, Adam) |
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Filing 31
ORDER GRANTING STIPULATION REGARDING SERVICE OF PROCESS AND SCHEDULING #24 by Judge Fernando L. Aenlle-Rocha: 1. Defendants shall not be required to answer or otherwise respond to the Complaint until after a lead plaintiff has been appointed and has filed an amended or consolidated complaint or designated the existing Complaint as the operative complaint. 2. Within fourteen (14) days of the resolution of the motions for the appointment of a lead plaintiff pursuant to 15 U.S.C. 78u-4, the appointed lead Plaintiff and Defendants shall meet and confer and submit a proposed schedule for the filing of an amended or consolidated complaint (or the designation of an existing complaint as the operative complaint) and briefing for any motion to dismiss. (lc)
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| Filing 30 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #17 Memorandum of Points and Authorities: (1) In Further Support of Motion of Jason Rofeh for Appointment as Lead Plaintiff and Approval of Counsel; and (2) In Opposition to Competing Motions filed by Movant Jason Rofeh. (Attachments: #1 Declaration of Jennifer Pafiti in (1) Further Support of Motion of Jason Rofeh for Appointment as Lead Plaintiff and Approval of Counsel; and (2) In Opposition to Competing Motions, #2 Exhibit A, #3 Exhibit B)(Pafiti, Jennifer) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #9 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #17 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #15 filed by Movants Scott Boyd, Kasey Kahne. (Attachments: #1 Declaration of Adam M. Apton, #2 Exhibit A- Rofeh LIFO DURA Spreadsheet)(Apton, Adam) |
| Filing 28 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Co-Lead Plaintiffs #13 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #17 filed by Movant Ronald McCall. (Gilmore, Lucas) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Meryn C N Grant counsel for Defendants Homology Medicines, Inc., Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. Adding Meryn C. N. Grant as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants Homology Medicines, Inc., Arthur O. Tzianabos, W. Bradford Smith, and Albert Seymour. (Attorney Meryn C N Grant added to party Homology Medicines, Inc.(pty:dft), Attorney Meryn C N Grant added to party Albert Seymour(pty:dft), Attorney Meryn C N Grant added to party W. Bradford Smith(pty:dft), Attorney Meryn C N Grant added to party Arthur O. Tzianabos(pty:dft))(Grant, Meryn) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Colleen C Smith counsel for Defendants Homology Medicines, Inc., Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. Adding Colleen C. Smith as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants Homology Medicines, Inc., Arthur O. Tzianabos, W. Bradford Smith, and Albert Seymour. (Attorney Colleen C Smith added to party Homology Medicines, Inc.(pty:dft), Attorney Colleen C Smith added to party Albert Seymour(pty:dft), Attorney Colleen C Smith added to party W. Bradford Smith(pty:dft), Attorney Colleen C Smith added to party Arthur O. Tzianabos(pty:dft))(Smith, Colleen) |
| Filing 25 CERTIFICATE of Interested Parties filed by Defendants All Defendants, (Johnson, Michele) |
| Filing 24 STIPULATION for Order Regarding Service of Process and Scheduling filed by Defendants Homology Medicines, Inc., Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (Attachments: #1 Proposed Order)(Johnson, Michele) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Michele D Johnson counsel for Defendants Homology Medicines, Inc., Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. Adding Michele D. Johnson as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants Homology Medicines, Inc., Arthur O. Tzianabos, W. Bradford Smith, and Albert Seymour. (Attorney Michele D Johnson added to party Homology Medicines, Inc.(pty:dft), Attorney Michele D Johnson added to party Albert Seymour(pty:dft), Attorney Michele D Johnson added to party W. Bradford Smith(pty:dft), Attorney Michele D Johnson added to party Arthur O. Tzianabos(pty:dft))(Johnson, Michele) |
| Filing 22 MINUTES (IN CHAMBERS) by Judge Fernando L. Aenlle-Rocha: ORDER RE NOTICE OF WITHDRAWAL OF MOTION OF JEFFREY ERTZ FOR APPOINTMENT AS LEAD PLAINTIFF AND CHOICE OF COUNSEL #21 . In light of a Notice of Withdrawal of Motion of Jeffrey Ertz for Appointment As Lead Plaintiff And Approval of Choice of Counsel #9 the hearing on this motion (Dkt. 9) is VACATED. (lc) |
| Filing 21 Notice of Withdrawal of Motion for Appointment of Counsel, #9 filed by Movant Jeffrey Ertz. (Rosen, Laurence) |
| Filing 20 CERTIFICATE of Interested Parties filed by Lead Plaintiff Movant Jason Rofeh, (Pafiti, Jennifer) |
| Filing 19 DECLARATION of Jennifer Pafiti in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #17 filed by Movant Jason Rofeh. (Attachments: #1 Exhibit A - Assignment, #2 Exhibit B - Loss Chart, #3 Exhibit C - Press Release, #4 Exhibit D - Certification, #5 Exhibit E - Movant Declaration, #6 Exhibit F - Firm Resume)(Pafiti, Jennifer) |
| Filing 18 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #17 filed by Movant Jason Rofeh. (Pafiti, Jennifer) |
| Filing 17 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff filed by Movant Jason Rofeh. Motion set for hearing on 7/1/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order) (Attorney Jennifer Pafiti added to party Jason Rofeh(pty:mov)) (Pafiti, Jennifer) |
| Filing 16 NOTICE of Interested Parties filed by Movant Ronald McCall, (Gilmore, Lucas) |
| Filing 15 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by Movant Ronald McCall. Motion set for hearing on 7/1/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Declaration of Lucas E. Gilmore, #4 Exhibit A - Movant's Certification, #5 Exhibit B- Movant's Loss Chart, #6 Exhibit C - Movant's Declaration, #7 Exhibit D - Notice of Pendency, #8 Exhibit E - Firm Resume) (Attorney Lucas E Gilmore added to party Ronald McCall(pty:mov)) (Gilmore, Lucas) |
| Filing 14 CERTIFICATE of Interested Parties filed by Movants Scott Boyd, Kasey Kahne, (Apton, Adam) |
| Filing 13 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Co-Lead Plaintiffs filed by Movants Scott Boyd, Kasey Kahne. Motion set for hearing on 7/1/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Declaration of Adam M. Apton, #3 Exhibit A-Certifications, #4 Exhibit B-Loss Chart, #5 Exhibit C-PSLRA Notice, #6 Exhibit D- Joint Declaration, #7 Exhibit E- Firm Resume, #8 Proposed Order) (Attorney Adam Marc Apton added to party Scott Boyd(pty:mov), Attorney Adam Marc Apton added to party Kasey Kahne(pty:mov)) (Apton, Adam) |
| Filing 12 NOTICE of Interested Parties filed by Movant Jeffrey Ertz, (Rosen, Laurence) |
| Filing 11 DECLARATION of Laurence M. Rosen in support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #9 filed by Movant Jeffrey Ertz. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume)(Rosen, Laurence) |
| Filing 10 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #9 filed by Movant Jeffrey Ertz. (Rosen, Laurence) |
| Filing 9 (VACATED PER 5/25/2022 MINUTE ORDER DOCKET NO. 22). NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by Movant Jeffrey Ertz. Motion set for hearing on 6/24/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order) (Attorney Laurence M Rosen added to party Jeffrey Ertz(pty:mov)) (Rosen, Laurence) Modified on 5/25/2022 (lc). |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Homology Medicines, Inc., Albert Seymour, W. Bradford Smith, Arthur O. Tzianabos. (sh) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Jean P. Rosenbluth. (sh) |
| Filing 4 Certification and Notice of Interested Parties filed by Plaintiff Michael C. Pizzuto, (Pafiti, Jennifer) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Michael C. Pizzuto. (Pafiti, Jennifer) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Michael C. Pizzuto. (Pafiti, Jennifer) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33008706 - Fee: $402, filed by plaintiff Michael C. Pizzuto. (Attachments: #1 Certification, #2 Schedule A) (Attorney Jennifer Pafiti added to party Michael C. Pizzuto(pty:pla))(Pafiti, Jennifer) |
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