In re Tahoe Resources, Inc.
| Oussama Attigui, Kevin Nguyen and Tiffany Huynh |
| C. Kevin McArthur, Ronald W Clayton, Tahoe Resources, Inc, Mark Sadler, Elizabeth McGregor, Elizabeth Dianne McGregor and Edie Hofmeister |
| Larry Hull, Frederick Berliner, Jeffrey Panos, John Ziliani, Qingbo Ao and Ernest H. Wagner |
| Tyler Sanders and Jose R. Cabrera Jr. |
| 2:2017cv01868 |
| July 7, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F Boulware |
| Nancy J Koppe |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Both |
Docket Report
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Filing 253
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 11/15/2023. In light of the Court's Order #252 preliminarily approving the U.S. Settlement and Providing for Notice to potential class members, which the Court incorporates by reference herein, IT IS ORDERED that the parties' Joint Stipulation #242 and Agreement of Global Settlement of Two Related Security Class Actions Pending in Different Jurisdictions and Lead Plaintiff's #243 Unopposed Motion for Preliminary Approval of Class Action Settlement are GRANTED. IT IS FURTHER ORDERED that the parties' Joint Motion to Seal Document #249 is GRANTED. The Court agrees that the termination criteria within the Confidential Supplemental Agreement is sensitive information, which could be used as a vehicle for improper purposes. Moreover, the Court finds that there is sufficient information identified in the public documents for potential class members to make an informed decision about opting in or excluding themselves. Since the need to keep this information confidential outweighs the public policies favoring disclosure, the Court grants the #249 Motion to Seal. See Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (holding that compelling reasons for sealing court records arise when "such court files [could] become a vehicle for improper purposes.") (internal citation and quotation marks omitted). (Copies have been distributed pursuant to the NEF - JLG)
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Filing 252
ORDER Preliminarily Approving U.S. Settlement and Providing for Notice. IT IS ORDERED that no later than seven (7) calendar days after the Court signs and enters this Order, Tahoe shall provide and/or cause its transfer agent to provide to U.S. Plaintiff's Counsel transfer records in electronic searchable form, such as an Excel spreadsheet, containing the names, mailing addresses, and to the extent reasonably accessible, email addresses of Persons who may have purchased or acquired Tahoe common stock during the U.S. Class Period. IT IS FURTHER ORDERED that U.S. Plaintiff's Counsel shall, at least seven (7) calendar days prior to the U.S. Settlement Hearing, file with the Court proof of mailing and any emailing of the U.S. Notice and U.S. Claim Form and proof of publishing of the U.S. Summary Notice. See order for further details. Signed by Judge Richard F. Boulware, II on 11/15/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Filing 249
Joint MOTION to Seal Document by Plaintiff Tiffany Huynh. Responses due by 11/3/2023. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Wilson, James)
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Filing 248
Submission of PROPOSED ORDER on #243 Unopposed Motion,, by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit 1 - U.S. Long Form Notice, #2 Exhibit 2 - U.S. Proof of Claim and Release, #3 Exhibit 3 - U.S. Summary Notice)(Wilson, James)
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Filing 251
MINUTES OF PROCEEDINGS - Motion Hearing held on 10/6/2023 before Judge Richard F. Boulware, II. Crtrm Administrator: S. Rivera; Pla Counsel: Martin Muckleroy, Robert Killorin, and Katherine Lenahan; Def Counsel: Leslie Bryan Hart, Karl Barnickol, and Scott Fisher;; Court Reporter: Patricia Ganci; Time of Hearing: 9:10 am - 9:48 am (Sealed 9:19 am 9:33 am); Courtroom: 7C; MINUTES OF PROCEEDINGS - Motion Hearing held on 10/6/2023 before Judge Richard F. Boulware, II. Crtrm Administrator: S. Rivera; Pla Counsel: Martin Muckleroy, Robert Killorin, and Katherine Lenahan; Def Counsel: Leslie Bryan Hart, Karl Barnickol, and Scott Fisher; Court Reporter: Patricia Ganci; Time of Hearing: 9:10 am - 9:48 am (Sealed 9:19 am 9:33 am) ; Courtroom: 4B; All parties appear in person. The Court makes preliminary statements and hears representations from parties regarding #242 Joint Stipulation and Agreement of Global Settlement of Two Related Securities Class Actions in Pending in Different Jurisdictions and #243 UNOPPOSED MOTION for Preliminary Approval of Class Action Settlement. IT IS FURTHER ORDERED that Plaintiffs #243 UNOPPOSED MOTION for Preliminary Approval of Class Action Settlement is GRANTED. Final Settlement Hearing set for 2/9/2024 at 08:30 AM in LV Courtroom 7C before Judge Richard F. Boulware II. (no image attached) (Copies have been distributed pursuant to the NEF - DRS) Modified typographical error in date of setting on 11/15/2023 (DRS).
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Filing 247
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 10/3/2023. By Deputy Clerk: S. Rivera. Due to a conflict in the Court's calendar, the hearing set for 10/6/2023 at 08:30 AM is reset in time only to Friday, October 6, 2023 at 9:00 AM in LV Courtroom 4B before Judge Richard F. Boulware II. (no image attached) (Copies have been distributed pursuant to the NEF - SLR)
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Filing 246
SUPPLEMENT to #243 Unopposed Motion,, Joint Submission in Further Support of Lead Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit 1 - Canadian Case Order)(Wilson, James)
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Filing 245
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/11/2023. Before the Court for Consideration are the following motions: #242 Joint STIPULATION and Agreement of Global Settlement of Two Related Securities Class Actions in Pending in Different Jurisdictions and #243 UNOPPOSED MOTION for Preliminary Approval of Class Action Settlement and Memorandum of Points and Authorities in Support Thereof. A Motion Hearing is set for 10/6/2023 at 08:30 AM in LV Courtroom 7C before Judge Richard F. Boulware II. (no image attached) (Copies have been distributed pursuant to the NEF - DRS)
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Filing 244
REPLY to Response to #243 Unopposed Motion,, by Plaintiff Tiffany Huynh. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A - June 13, 2023 Canadian Preliminary Approval Order)(Wilson, James)
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Filing 243
UNOPPOSED MOTION for Preliminary Approval of Class Action Settlement and Memorandum of Points and Authorities in Support Thereof by Plaintiff Tiffany Huynh. Responses due by 6/8/2023. (Attachments: #1 Proposed Order Preliminarily Approving U.S. Settlement and Providing for Notice (ECF No 242-1), #2 Declaration of James M. Wilson, Jr., #3 Exhibit 1 - Firm Resume of Faruqi & Faruqi, LLP, #4 Exhibit 2 - Firm Resume of Muckleroy Lunt LLC, #5 Exhibit 3 - NERA Article)(Wilson, James) (settlement)
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Filing 242
Joint STIPULATION and Agreement of Global Settlement of Two Related Securities Class Actions in Pending in Different Jurisdictions by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit A - [Proposed] Order for Preliminarily Approving U.S. Settlement and Providing for Notice, #2 Exhibit 1 - Notice of Pendency and Proposed Settlement of Class Action, #3 Exhibit 2 - Proof of Claim and Release Form, #4 Exhibit 3 - Summary Notice of Pendency and Proposed Settlement of Class Action, #5 Exhibit B - Canadian First Order, #6 Exhibit C - [Proposed] U.S. Final Order and Judgment, #7 Exhibit D - Canadian Second Order)(Wilson, James) (other) (settlement)
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Filing 241
Mail Returned as Undeliverable re #240 Order addressed to Adam M. Apton. Envelope marked: Return to Sender; No new address. (JQC)
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Filing 240
ORDER granting #239 Motion to Extend Time to file the stipulation and motion for preliminary approval extended to 05/26/2023. Signed by Magistrate Judge Nancy J. Koppe on 5/1/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing 239
Joint MOTION to Extend Time (First Request) Joint Motion for an Extension of Time to File the Stipulation and Motion for Preliminary Approval re 238 Order on Motion to Stay Case,, Minute Order, by Plaintiff Tiffany Huynh. Responses due by 5/12/2023. (Wilson, James) (referral)
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Filing 238
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 3/7/2023. Pending before the Court is a notice of settlement and stipulation to stay discovery. Docket No. 237. The request to stay discovery is GRANTED and the case management deadlines established in the scheduling order are suspended. The motion for preliminary approval of the settlement must be filed by April 28, 2023. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - TM)
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Filing 237
MOTION to Stay Discovery by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. Responses due by 3/20/2023. (Hart, Leslie Bryan)
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Filing 236
Joint STATUS REPORT by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc.. (Hart, Leslie Bryan)
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Filing 235
Mail Returned as Undeliverable re 234 Order on Motion to Certify Class addressed to Adam Apton. RTS, unable to forward. (HAM)
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Filing 234
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 2/3/2023. In light of the parties' representation to the Court that a stipulation of settlement is forthcoming, IT IS ORDERED that the 233 Order to Show Cause is VACATED and the #142 Motion to Certify Class is DENIED WITHOUT PREJUDICE but may be refiled if a settlement is not ultimately reached. IT IS FURTHER ORDERED that the parties shall file a joint status report by March 6, 2023, if a settlement agreement has not been reached by that date. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 233
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 2/2/2023. At the Parties request, after settlement attempts failed, the Court reopened discovery on August 22, 2022. ECF No. #192 . The parties now have until July 14, 2023 to file opposing expert reports, and until August 15, 2023 to file rebuttal expert reports. Id. The Court further directed the parties to file a separate document requesting that the class certification evidentiary hearing be reset. Id. The parties have filed no such request. Therefore, Plaintiff is ORDERED TO SHOW CAUSE by February 6, 2023 why the Court should not require Plaintiff to refile its #142 Motion for Class Certification after expert discovery has closed in this case, given that the Court will hold an evidentiary hearing on all expert testimony related to Plaintiffs #142 Motion before issuing its ruling. (Copies have been distributed pursuant to the NEF - CVL)
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Filing 232
Mail Returned as Undeliverable re #230 Order on Motion to Withdraw as Attorney addressed to Adam Apton. (HAM)
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Filing 231
Mail Returned as Undeliverable re #222 Order on Motion for Issuance of Letters Rogatory, addressed to Adam Apton. RTS, unable to forward. (HAM)
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Filing 230
ORDER Granting #229 Motion to Withdraw as Attorney Daniel Brian Weiss withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 11/10/2022.(Copies have been distributed pursuant to the NEF - YAW)
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Filing 229
MOTION to Withdraw as Attorney by Daniel B. Weiss for Plaintiff Tiffany Huynh. Responses due by 11/23/2022. (Attachments: #1 Proposed Order)(Weiss, Daniel)
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Filing 228
ORDER. IT IS SO ORDERED that the Court GRANTS Lead Plaintiff's (Docket Nos. #213 , #215 ) motion for issuance of letter rogatory to take the deposition of and compel documents from Gustavo Herrarte. Signed by Magistrate Judge Nancy J. Koppe on 10/31/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 227
ORDER. IT IS SO ORDERED that the Court GRANTS Lead Plaintiff's (Docket Nos. #210 , #212 ) motion for issuance of letter rogatory to take the deposition of and compel documents from Quelvin Otoniel Jimenez Villalta. Signed by Magistrate Judge Nancy J. Koppe on 10/31/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 226
ORDER. IT IS SO ORDERED that the Court GRANTS Lead Plaintiff's (Docket Nos. #207 , #209 ) motion for issuance of letter rogatory to take the deposition of and compel documents from Guillermo Monroy. Signed by Magistrate Judge Nancy J. Koppe on 10/31/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 225
ORDER. IT IS SO ORDERED that the Court GRANTS Lead Plaintiff's (Docket Nos. #204 , #206 ) motion for issuance of letter rogatory to take the deposition of and compel documents from Nestor Melgar. Signed by Magistrate Judge Nancy J. Koppe on 10/31/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 224
ORDER. IT IS SO ORDERED that the Court GRANTS Lead Plaintiff's (Docket Nos. #201 , #203 ) motion for issuance of letter rogatory to take the deposition of and compel documents from Javier Fortin. Signed by Magistrate Judge Nancy J. Koppe on 10/31/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 223
ORDER. IT IS SO ORDERED that the Court GRANTS Lead Plaintiff's (Docket Nos. #198 , #200 ) motion for issuance of letter rogatory to take the deposition of and compel documents from Juan Jose Cabrera. Signed by Magistrate Judge Nancy J. Koppe on 10/31/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 222
ORDER. IT IS SO ORDERED that the Court GRANTS Lead Plaintiff's (Docket Nos. #195 , #196 ) motion for issuance of letters rogatory to take the deposition of and compel documents from Alex Black. Signed by Magistrate Judge Nancy J. Koppe on 10/31/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 221
ORDER re Docket Nos. #197 , #199 , #202 , #205 , #208 , #211 ,and #214 : the motions to seal are DENIED. Signed by Magistrate Judge Nancy J. Koppe on 10/31/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 220
RESPONSE to #208 Motion to Seal, #202 Motion to Seal, #211 Motion to Seal, #197 Motion to Seal, #199 Motion to Seal, #214 Motion to Seal, #205 Motion to Seal by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. Replies due by 11/3/2022. (Hart, Leslie Bryan)
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Filing 219
RESPONSE to #201 Motion for Issuance of Letters Rogatory,, #207 Motion for Issuance of Letters Rogatory,, #210 Motion for Issuance of Letters Rogatory, #198 Motion for Issuance of Letters Rogatory,, #204 Motion for Issuance of Letters Rogatory,, #213 Motion for Issuance of Letters Rogatory,, #195 Motion for Issuance of Letters Rogatory,, by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. Replies due by 11/3/2022. (Hart, Leslie Bryan)
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Filing 218
ORDER. Defendants must file a response to each of the motions [Docket Nos. #195 , #196 , #198 , #200 , #201 , #203 , #204 , #206 , #207 , #209 , #210 , #212 , #213 , #215 ] for issuance of letter rogatory that either (1) explains the basis for Defendants position that the testimony and documents are not relevant or (2) indicates that Defendants do not dispute relevance. These responses must be filed by 10/31/2022. Signed by Magistrate Judge Nancy J. Koppe on 10/24/2022. (Copies have been distributed pursuant to the NEF - TRW)
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Filing 217
CERTIFICATE OF SERVICE for #216 Order,,, Set/Reset Deadlines & Hearings,, by Plaintiff Tiffany Huynh.. (Wilson, James)
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Filing 216
ORDER. IT IS ORDERED that any response from non-party Business for Social Responsibility must be filed by October 27, 2022. Plaintiff must immediately serve non-party Business for Social Responsibility with each motion to seal involving its papers, each underlying motion practice with the subject documents, as well as this order and the Court's order at Docket No. 101. Plaintiff must file a proof of service by October 21, 2022. Signed by Magistrate Judge Nancy J. Koppe on 10/20/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 215
Unopposed SEALED MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit S, #4 Exhibit T, #5 Exhibit U)(Wilson, James) Modified on 10/31/2022 (HAM).
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Filing 214
Unopposed MOTION to Seal Document by Plaintiff Tiffany Huynh. Responses due by 10/19/2022. (Attachments: #1 Proposed Order)(Wilson, James)
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Filing 213
Unopposed MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P slipsheet, #18 Exhibit Q slipsheet, #19 Exhibit R, #20 Exhibit S slipsheet, #21 Exhibit T slipsheet, #22 Exhibit U slipsheet, #23 Exhibit V, #24 Proposed Order)(Wilson, James)
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Filing 212
Unopposed SEALED MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit P)(Wilson, James) Modified on 10/31/2022 (HAM).
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Filing 211
Unopposed MOTION to Seal Document by Plaintiff Tiffany Huynh. Responses due by 10/19/2022. (Attachments: #1 Proposed Order)(Wilson, James)
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Filing 210
Unopposed MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P slipsheet, #18 Proposed Order)(Wilson, James)
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Filing 209
Unopposed SEALED MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit Q, #2 Exhibit R)(Wilson, James) Modified on 10/31/2022 (HAM).
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Filing 208
Unopposed MOTION to Seal Document by Plaintiff Tiffany Huynh. Responses due by 10/19/2022. (Attachments: #1 Proposed Order)(Wilson, James)
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Filing 207
Unopposed MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q slipsheet, #19 Exhibit R slipsheet, #20 Proposed Order)(Wilson, James)
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Filing 206
Unopposed SEALED MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit R, #4 Exhibit S, #5 Exhibit U, #6 Exhibit V)(Wilson, James) Modified on 10/31/2022 (HAM).
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Filing 205
Unopposed MOTION to Seal Document by Plaintiff Tiffany Huynh. Responses due by 10/19/2022. (Attachments: #1 Proposed Order)(Wilson, James)
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Filing 204
Unopposed MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P slipsheet, #18 Exhibit Q slipsheet, #19 Exhibit R slipsheet, #20 Exhibit S slipsheet, #21 Exhibit T, #22 Exhibit U slipsheet, #23 Exhibit V slipsheet, #24 Proposed Order)(Wilson, James)
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Filing 203
Unopposed SEALED MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit R, #2 Exhibit S, #3 Exhibit T, #4 Exhibit U)(Wilson, James) Modified on 10/31/2022 (HAM).
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Filing 202
Unopposed MOTION to Seal Document by Plaintiff Tiffany Huynh. Responses due by 10/19/2022. (Attachments: #1 Proposed Order)(Wilson, James)
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Filing 201
Unopposed MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R slipsheet, #20 Exhibit S slipsheet, #21 Exhibit T slipsheet, #22 Exhibit U slipsheet, #23 Proposed Order)(Wilson, James)
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Filing 200
Unopposed SEALED MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit R)(Wilson, James) Modified on 10/31/2022 (HAM).
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Filing 199
Unopposed MOTION to Seal Document by Plaintiff Tiffany Huynh. Responses due by 10/19/2022. (Attachments: #1 Proposed Order)(Wilson, James)
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Filing 198
Unopposed MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P slipsheet, #18 Exhibit Q slipsheet, #19 Exhibit R slipsheet, #20 Proposed Order)(Wilson, James)
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Filing 197
Unopposed MOTION to Seal Document by Plaintiff Tiffany Huynh. Responses due by 10/19/2022. (Attachments: #1 Proposed Order)(Wilson, James)
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Filing 196
Unopposed SEALED MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Exhibit O, #2 Exhibit P)(Wilson, James) Modified on 10/31/2022 (HAM).
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Filing 195
Unopposed MOTION for Issuance of Letters Rogatory by Plaintiff Tiffany Huynh. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O slipsheet, #17 Exhibit P slipsheet, #18 Exhibit Q, #19 Exhibit R, #20 Proposed Order)(Wilson, James)
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Filing 194
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 9/16/2022. IT IS HEREBY ORDERED that Plaintiff's #164 Unopposed MOTION for Leave to File Notice of Supplemental Authority is GRANTED. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 193
AMENDED ORDER Re: #189 Order. It is ordered that the temporary stay of this action #187 is temporarily lifted for the sole purpose of deciding the #175 motion for substitution. Signed by Judge Richard F. Boulware, II on 9/14/2022. Nunc pro tunc, dated July 25, 2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 192
ORDER granting #191 Stipulation to extend deadlines in the scheduling order; Discovery due by 4/21/2023. Motions due by 10/17/2023. Proposed Joint Pretrial Order due by 1/17/2024. Signed by Magistrate Judge Nancy J. Koppe on 8/22/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 191
Joint STIPULATION FOR EXTENSION OF TIME (Sixth Request) re Remaining Pre-Trial Deadlines by Plaintiff Tiffany Huynh. (Wilson, James) (extend) (discovery) Modified text on 8/15/2022 (EDS).
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Filing 190
Joint STATUS REPORT by Plaintiff Tiffany Huynh.. (Wilson, James)
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Filing 189
ORDER. It is hereby ordered that the temporary stay of this action 184 is temporarily lifted for the sole purpose of deciding the #175 motion for substitution. Signed by Judge Richard F. Boulware, II on 7/25/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 188
NON-OPPOSITION to #187 Motion to Lift Stay, by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 187
MOTION to Lift Stay of Case re 184 Order on Motion to Stay Case,,, Minute Order,,, Terminate Deadlines/Hearings,,, Case Stayed,, by Movant Tiffany Huynh. Responses due by 8/4/2022. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A - Order Appointing Executor, #3 Exhibit B - Letters Testamentary, #4 Exhibit C - Evanston Ins. Co. v. 70 Ltd. Pship, No. 2:14-cv-01370-RFB-NJK (D. Nev. Dec. 2, 2015), #5 Proposed Order)(Wilson, James)
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Filing 186
Mail Returned as Undeliverable re #185 Order addressed to Adam Apton. (HAM)
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Filing 185
ORDER denying #175 Motion to Substitute Party; ORDER denying #176 Motion to Seal. The Clerk's Office is INSTRUCTED to STRIKE the sealed filings at Docket Nos. 177 and 178 . Signed by Magistrate Judge Nancy J. Koppe on 4/28/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 184
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/22/2022. IT IS ORDERED that the parties #183 Joint MOTION for Temporary Stay of Proceedings Pending Outcome of Mediation is GRANTED. All pending deadlines and hearings are vacated and STAYED until July 29, 2022. The parties are directed to advise the Court no later than July 29, 2022 of the status of the mediation. IT IS FURTHER ORDERED that the Evidentiary Hearing set for April 27-28, 2022 is Vacated. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 183
MOTION to Stay Case by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. Responses due by 5/4/2022. (Hart, Leslie Bryan)
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Filing 182
REPLY to Response to #175 Motion to Substitute Party,, by Movant Tiffany Huynh. (Wilson, James)
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Filing 181
NON-OPPOSITION to #176 Motion to Seal by Defendant Tahoe Resources, Inc.. (Hart, Leslie Bryan)
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Filing 180
RESPONSE to #175 Motion to Substitute Party,, by Defendant Tahoe Resources, Inc.. Replies due by 4/20/2022. (Attachments: #1 Exhibit A - In Re Scientific-Atlanta)(Hart, Leslie Bryan)
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Filing 179
Mail Returned as Undeliverable re 173 Minute Order Setting Hearing, addressed to Adam M. Apton. (KF)
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Filing 176
MOTION to Seal by Movant Tiffany Huynh. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Wilson, James)
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Filing 175
MOTION to Substitute Party Motion of Tiffany Huynh for Substitution as Lead Plaintff by Movant Tiffany Huynh. Responses due by 4/15/2022. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Exhibit A - Declaration of Tiffany Huynh, #3 Exhibit B - Redacted Certificate of Death of Kevin Nguyen, #4 Exhibit C - Redacted Will of Kevin Nguyen, #5 Exhibit D - Stein v. Eagle Bancorp, Inc. Substitution Order, #6 Exhibit E - ECD Inv. Grp. v. Credit Suisse Int'l Substitution Order, #7 Exhibit F - Waiver of Service of Tiffany Huynh, #8 Proposed Order) (Wilson, James)
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Filing 174
SUGGESTION OF DEATH Upon the Record as to Kevin Nguyen by Movant Tiffany Huynh. (Wilson, James)
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Filing 173
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 3/24/2022. Due to a conflict with the Court's calendar and at the agreement of counsel for the parties, IT IS FURTHER ORDERED that the Evidentiary hearing set for April 5 and 6, 2022 is Vacated and RESET for April 27 and 28, 2022 at 8:30 AM in Las Vegas Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 172
SUPPLEMENT to #159 Response, DEFENDANTS SUBMISSION OF ADDITIONAL AUTHORITY SUPPORTING THE OPINIONS OF DR. PAUL GOMPERS IN OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Hart, Leslie Bryan)
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Filing 171
SUPPLEMENTAL BRIEF re #142 Motion to Certify Class, 169 Order on Stipulation,,,, Minute Order Setting Hearing,,,, Terminate Deadlines/Hearings,,,, Terminate Motions,,, by Plaintiff Kevin Nguyen. Supplemental Authority Disclosure of Zachary Nye, Ph.D. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Litigation Services Handbook, Chapter 27, #3 Exhibit B - Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System Amicus Brief, #4 Exhibit C - Apple Expert Report of Professor Steven P. Feinstein, Ph.D., CFA, #5 Exhibit D - Apple Expert Reply Report of Professor Steven P. Feinstein, Ph.D., CFA, #6 Exhibit E - Stamps.com Expert Report of Zachary Nye, Ph.D., #7 Exhibit F - Stamps.com Expert Reply Report of Zachary Nye, Ph.D., #8 Exhibit G - Allergan Expert Report of Zachary Nye, Ph.D., #9 Exhibit H - Allergan Expert Reply Report of Zachary Nye, Ph.D., #10 Exhibit I - In re Vivendi S.A. Sec. Litig., 838 F.3d 223 (2d Cir. 2016)) (Wilson, James)
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Filing 170
Mail Returned as Undeliverable re 169 Order on Stipulation addressed to Adam Apton. RTS, unable to forward. (HAM)
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Filing 169
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 3/1/2022. IT IS ORDERED that #167 JOINT Stipulation and Proposed Scheduling Order is GRANTED. IT IS FURTHER ORDERED that Parties' Simultaneous exchange of supplemental authority is due by 5:00 PM on March 18, 2022.IT IS FURTHER ORDERED that an Evidentiary hearing is set for April 5 and 6, 2022 at 8:30 AM in Las Vegas Courtroom 7C before Judge Richard F. Boulware, II. The evidentiary hearing will include the testimony of both Dr. Zachary Nye and Dr. Paul Gompers. Additional instruction as to the evidentiary hearing will be released prior to the hearing.IT IS FURTHER ORDERED that the deadlines for any necessary supplemental briefing in support or opposition to class certification will be determined by the Court at the conclusion of the evidentiary hearing. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 168
ORDER granting #167 Stipulation re scheduling order. Signed by Judge Richard F. Boulware, II on 2/28/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 167
Joint STIPULATION and [Proposed] Scheduling Order by Plaintiff Kevin Nguyen. (Wilson, James)
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Filing 166
TRANSCRIPT of Proceedings, 165 Motion Hearing, held on 2/8/2022, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 3/2/2022. Redacted Transcript Deadline is set for 3/12/2022. Release of the Transcript Restriction is set for 5/10/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 165
MINUTES OF PROCEEDINGS - Motion Hearing held on 2/8/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Robert Killorin, Esq., James Wilson, Esq., Katherine Lenahan, Esq.; Def Counsel: Leslie Bryan Hart, Esq., Scott Fisher, Esq., Karl Barnickol, Esq., Andrew May, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 10:21 AM - 10:38 AM; Courtroom: 7C; Counsel are present appearing by videoconferencing at this proceeding. The Court makes preliminary statements and hears representations of counsel regarding #142 Motion to Certify Class.For the reasons stated on the record, IT IS ORDERED that counsel shall submit a joint scheduling order with proposed dates for a two-day evidentiary hearing in the last week of March or first week in April. Parties should include scheduling for post-hearing briefing and pre-hearing supplemental authority disclosures as directed on the record.The transcript of this hearing shall serve as the written Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 164
MOTION for Leave to File Notice of Supplemental Authority re #162 Reply, #142 Motion to Certify Class, by Plaintiff Kevin Nguyen. (Attachments: #1 Notice of Supplemental Authority, #2 Exhibit 1) (Wilson, James)
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Filing 163
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/13/2022. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that Hearing regarding #142 MOTION to Certify Class is set for February 8, 2022 at 10:00 AM in LV Courtroom 7C by videoconference appearance before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 162
REPLY to Response to #142 Motion to Certify Class, by Plaintiff Kevin Nguyen.. (Attachments: #1 Declaration of James M. Wilson, Jr.,, #2 Exhibit A - Expert Reply Report of Zachary Nye, Ph.D.,)(Wilson, James)
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Filing 161
ORDER granting #160 Stipulation to Extend Fact Discovery; Discovery due by 1/7/2022. Signed by Magistrate Judge Nancy J. Koppe on 10/28/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 160
Joint STIPULATION FOR EXTENSION OF TIME (Fifth Request) re Discovery re Domestic Fact Discovery re 156 Order on Stipulation,, Minute Order, by Plaintiff Kevin Nguyen. (Wilson, James)
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Filing 159
RESPONSE to #142 Motion to Certify Class, by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. Replies due by 10/6/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Hart, Leslie Bryan)
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Filing 158
NOTICE of Appearance by attorney Therese Shanks on behalf of Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Shanks, Therese)
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Filing 157
Mail Returned as Undeliverable re #154 Order on Stipulation addressed to Adam Apton. RTS, unable to forward. (HAM)
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Filing 156
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 9/8/2021. Pending before the Court is a stipulation to extend the Phase I domestic fact discovery deadline from September 1, 2021, to November 1, 2021. Docket No. 155. For good cause shown, the stipulation is GRANTED. No other deadlines are being altered by this minute order. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - TM)
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Filing 155
Joint STIPULATION FOR EXTENSION OF TIME (Fourth Request) re Discovery re Domestic Fact Discovery re #133 Order on Stipulation,, Scheduling Order, by Plaintiff Kevin Nguyen. (Wilson, James)
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Filing 154
ORDER denying without prejudice #152 Stipulation to extend the domestic fact discovery deadline. Signed by Magistrate Judge Nancy J. Koppe on 9/2/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 153
ORDER granting #151 Stipulation Re: #142 Motion to Certify Class. Responses due by 9/29/2021. Replies due by 11/30/2021. Signed by Judge Richard F. Boulware, II on 8/31/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 152
Joint STIPULATION FOR EXTENSION OF TIME (Fourth Request) re Discovery re Domestic Fact Discovery re #133 Order on Stipulation,, Scheduling Order, by Plaintiff Kevin Nguyen. (Wilson, James)
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Filing 151
STIPULATION FOR EXTENSION OF TIME (Second Request) re #140 Stipulation by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 150
ORDER granting #149 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Thomas Papain for Kevin Nguyen and approving Designation of Local Counsel. Signed by Judge Richard F. Boulware, II on 8/20/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 149
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Thomas T. Papain and DESIGNATION of Local Counsel Martin A. Muckleroy (Filing fee $ 250 receipt number 0978-6603620) by Plaintiff Kevin Nguyen. (Muckleroy, Martin)
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Filing 148
ORDER Granting #146 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Karl R. Barnickol for Edie Hofmeister and approving Designation of Local Counsel Leslie Bryan Hart. Signed by Judge Richard F. Boulware, II on 8/4/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 147
ORDER Granting #145 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Scott Fisher for Edie Hofmeister and approving Designation of Local Counsel Leslie Bryan Hart. Signed by Judge Richard F. Boulware, II on 8/4/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 146
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Karl Barnickol and DESIGNATION of Local Counsel Leslie Bryan Hart (Filing fee $ 250 receipt number 0978-6578312) by Defendant Edie Hofmeister. (Hart, Leslie Bryan)
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Filing 145
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Scott J. Fisher and DESIGNATION of Local Counsel Leslie Bryan Hart (Filing fee $ 250 receipt number 0978-6578261) by Defendant Edie Hofmeister. (Hart, Leslie Bryan)
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Filing 144
ORDER granting #143 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Katherine Lenahan for Kevin Nguyen and approving Designation of Local Counsel. Signed by Judge Richard F. Boulware, II on 7/28/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 143
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Katherine M. Lenahan and DESIGNATION of Local Counsel Martin A. Muckleroy (Filing fee $ 250 receipt number 0978-6571749) by Plaintiff Kevin Nguyen. (Muckleroy, Martin)
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Filing 142
MOTION to Certify Class Responses due by 7/15/2021. (Attachments: #1 Declaration of James M. Wilson, Jr., #2 Index of Exhibits, #3 Exhibit A - Expert Report of Zachary Nye, Ph.D., #4 Exhibit B - Declaration of Kevin Nguyen, #5 Exhibit C - Firm Resume of Faruqi & Faruqi, LLP, #6 Exhibit D - Firm Resume of Muckleroy Lunt, LLC) (Wilson, James)
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Filing 141
ORDER granting #140 Stipulation. IT IS ORDERED that Plaintiff's motion for class certification shall be due by July 1, 2021, Defendants' opposition to Plaintiff's motion for class certification shall be due by September 1, 2021, and Plaintiff's reply in further support of his class certification motion shall be due by October 29, 2021. Signed by Judge Richard F. Boulware, II on 6/6/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 140
Joint STIPULATION FOR EXTENSION OF TIME (First Request) Joint Stipulation and [Proposed] Order to Set Class Certification Briefing Schedule by Plaintiff Kevin Nguyen. (Wilson, James)
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Filing 139
ORDER granting #138 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Andrew May for Ronald W Clayton, Andrew May for Edie Hofmeister, Andrew May for C. Kevin McArthur, Andrew May for Elizabeth McGregor, Andrew May for Mark Sadler, Andrew May for Tahoe Resources, Inc. and approving Designation of Local Counsel Leslie Bryan Hart. Signed by Judge Richard F. Boulware, II on 5/28/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 138
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Andrew G. May and DESIGNATION of Local Counsel Leslie Bryan Hart (Filing fee $ 250 receipt number 0978-6499151) by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 137
ORDER granting #136 Motion to Withdraw as Attorney - Richard Gonnello withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 5/18/2021.(Copies have been distributed pursuant to the NEF - DRS)
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Filing 136
MOTION to Withdraw as Attorney by Richard W. Gonnello for Plaintiff Kevin Nguyen. (Attachments: #1 Proposed Order) (Gonnello, Richard)
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Filing 135
ORDER granting #134 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Daniel Weiss for Kevin Nguyen and approving Designation of Local Counsel Martin A. Muckleroy. Signed by Judge Richard F. Boulware, II on 4/9/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - HAM)
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Filing 134
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Daniel B. Weiss and DESIGNATION of Local Counsel Martin A. Muckleroy (Filing fee $ 250 receipt number 0978-6439633) by Plaintiff Kevin Nguyen. (Muckleroy, Martin)
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Filing 133
ORDER granting in part and denying in part #129 , #131 Stipulations; Discovery due by 11/21/2022. Motions due by 12/21/2022. Proposed Joint Pretrial Order due by 1/20/2023. Signed by Magistrate Judge Nancy J. Koppe on 3/23/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 132
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 3/22/2021. In light of the supplemental stipulation, Docket No. 131, the telephonic hearing set for this afternoon is VACATED. A written order will issue. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - TM)
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Filing 131
Joint STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery Revised Third Request re #130 Order Setting Hearing on Motion, #129 Stipulation by Plaintiff Kevin Nguyen. (Wilson, James)
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Filing 130
ORDER Setting Telephonic Hearing on #129 Joint STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery by Plaintiff Kevin Nguyen. Telephonic Hearing set for 3/22/2021 at 02:00 PM. Signed by Magistrate Judge Nancy J. Koppe on 3/11/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 129
Joint STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery by Plaintiff Kevin Nguyen. (Gonnello, Richard)
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Filing 128
ORDER granting #126 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Robert W. Killorin for Kevin Nguyen and approving Designation of Local Counsel. Signed by Judge Richard F. Boulware, II on 12/15/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 127
ORDER granting #125 Verified Petition for Permission to Practice Pro Hac Vice for Attorney James M. Wilson for Kevin Nguyen and approving Designation of Local Counsel. Signed by Judge Richard F. Boulware, II on 12/15/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 126
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert W. Killorin and DESIGNATION of Local Counsel Martin A. Muckleroy (Filing fee $ 250 receipt number 0978-6294306) by Plaintiff Kevin Nguyen. (Muckleroy, Martin)
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Filing 125
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by James M. Wilson, Jr. and DESIGNATION of Local Counsel Martin A. Muckleroy (Filing fee $ 250 receipt number 0978-6294276) by Plaintiff Kevin Nguyen. (Muckleroy, Martin)
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Filing 124
ORDER granting #123 Motion to Withdraw as Attorney. Dillon Hagius withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 12/4/2020 (Copies have been distributed pursuant to the NEF - HAM)
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Filing 123
MOTION to Withdraw as Attorney by Dillon J. Hagius for Plaintiff Kevin Nguyen. (Attachments: #1 Proposed Order) (Hagius, Dillon)
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Filing 122
NOTICE of Change of Name and Email Address by Kevin Nguyen. (Remmel, Megan)
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Filing 121
NOTICE of Change of Address by Leslie Bryan Hart. (Hart, Leslie Bryan)
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Filing 120
ORDER Granting #119 Stipulation re Discovery. IT IS HEREBY ORDERED that the Stipulated Discovery Plan and Scheduling Order #111 is amended pursuant to the terms herein. See order for details. Discovery due by 6/21/2022. Motions due by 7/25/2022. Signed by Magistrate Judge Nancy J. Koppe on 8/12/2020. (Copies have been distributed pursuant to the NEF - HAM) Modified text on 8/13/2020 (EDS).
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Filing 119
Joint STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 118
FINAL NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Adam M. Apton and Arthur G. Jakoby to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 8/17/2020. If verified petitions are not filed by the date listed, this matter will be referred to Judge Richard F. Boulware for action. (no image attached) (EDS)
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Filing 117
ORDER granting #116 Motion to Withdraw as Attorney. Sherief Morsy withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 8/3/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 116
MOTION to Withdraw as Attorney by Sherief Morsy for Plaintiff Kevin Nguyen. (Attachments: #1 Proposed Order) (Morsy, Sherief)
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Filing 115
Mail Returned as Undeliverable re 113 Order, addressed to Adam M. Apton. Envelope marked "Return to Sender"; no new address. (ADR)
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Filing 114
ORDER. IT IS ORDERED that #88 Defendants' Motion to Certify for Interlocutory Order is DENIED. IT IS FURTHER ORDERED that #102 Defendants' Motion for Leave to File Notice of New Authority is DENIED as moot. Signed by Judge Richard F. Boulware, II on 3/23/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 113
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 3/16/2020. In response to the evolving health crisis in the community and consistent with the recommendations of the CDC to ensure the safety of the community through social distancing, the Court vacates the hearing set for March 18, 2020 in this case. The Court will issue a written order on the outstanding motions. The Court Further Orders that the #112 Motion for Leave to Appear Telephonically at the hearing is denied as moot. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 112
MOTION for Leave to Appear Telephonically, Attorney Richard W. Gonnello, re 106 Minute Order Setting Hearing on Motion,,, Terminate Deadlines/Hearings,, by Plaintiff Kevin Nguyen. (Gonnello, Richard)
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Filing 111
SCHEDULING ORDER Granting #110 Stipulation. Discovery due by 2/21/2022. Motions due by 3/24/2022. Signed by Magistrate Judge Nancy J. Koppe on 2/21/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 110
Joint STIPULATION FOR EXTENSION OF TIME (First Request) to Alter Discovery Deadlines re #86 Scheduling Order by Plaintiff Kevin Nguyen. (Gonnello, Richard)
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Filing 109
SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Scott Fisher and Arthur G. Jakoby to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 3/2/2020. (no image attached) (EDS)
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Filing 108
SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Adam M. Apton to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition was due by 8/21/2017. (no image attached) (EDS)
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Filing 107
Mail Returned as Undeliverable re 106 Minute Order Setting Hearing on Motion, addressed to Adam M. Apton. Envelope marked "Return to Sender"; no new address. (ADR)
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Filing 106
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 2/5/2020. At the request and agreement of counsel for the parties, IT IS ORDERED that the Hearing set for February 20, 2020 at 9:00 AM is vacated and RESET for March 18, 2020 at 10:30 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. The Hearing will address: #88 MOTION to Certify for Interlocutory Appeal Pursuant to 28 U.S.C. Section 1292(b) The Order Denying Motion to Dismiss and #102 MOTION for Leave to File Notice of New Authority. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 105
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/20/2020. IT IS ORDERED that a Motion Hearing is set for 2/20/2020 at 09:00 AM in LV Courtroom 7C before Judge Richard F. Boulware II., Re: #88 MOTION to Certify for Interlocutory Appeal Pursuant to 28 U.S.C. Section 1292(b) The Order Denying Motion to Dismiss and #102 MOTION for Leave to File Notice of New Authority. Counsel for the parties are ordered to appear at this hearing. Failure to appear at the scheduled hearing time may result in the imposition of sanctions, including but not limited to monetary sanctions, granting of the opposing party's motion or case-dispositive sanctions. Each party shall have three days to notify the Courtroom Administrator by email at blanca_lenzi@nvd.uscourts.gov if unable to attend and propose an alternative hearing time after consulting with opposing party. (Copies have been distributed pursuant to the NEF - CVL)
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Filing 104
REPLY to Response to #102 Motion for Leave to File Document by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 103
RESPONSE to #102 Motion for Leave to File Document by Plaintiff Kevin Nguyen. Replies due by 11/5/2019. (Attachments: #1 Declaration of Richard W. Gonnello, #2 Exhibit A - October 10, 2018 Tahoe Resources, Inc. press release, #3 Exhibit B - Pan American Silver Corporation website page) (Gonnello, Richard)
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Filing 102
MOTION for Leave to File Notice of New Authority by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Attachments: #1 Exhibit A) (Hart, Leslie Bryan)
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Filing 101
ORDER Re: #100 Order on Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 10/8/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 100
ORDER Granting #99 Stipulated Protective Order as amended. Signed by Magistrate Judge Nancy J. Koppe on 10/8/2019.(Copies have been distributed pursuant to the NEF - ADR)
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Filing 99
STIPULATION re Proposed Protective Order re #98 Order on Stipulation by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 98
ORDER Denying #97 Stipulation for Protective Order and request for a status conference. Signed by Magistrate Judge Nancy J. Koppe on 9/3/2019.(Copies have been distributed pursuant to the NEF - ADR)
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Filing 97
STIPULATION for Protective Order; filed by Plaintiff Kevin Nguyen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Gonnello, Richard)
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Filing 96
CLERK'S NOTICE - Regarding violation of the Local Rules and Attorney Action required as to document #95 . ERROR: Document not filed pursuant to LR IC 2-2(c) by attorney. CORRECTION: Attorney Richard Gonnello is to refile document #95 using the correct Stipulation for Protective Order event pursuant to the local rules. Document #95 is terminated as filed in error, pursuant to LR IC 7-1. (no image attached) (RFJ)
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Filing 95
ERROR: Document not filed per LR IC 2-2(c) by attorney Richard Gonnello. CORRECTION: Attorney advise to refile document #95 pursuant to the local rules. NOTICE filed by Kevin Nguyen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Gonnello, Richard) Document #95 is terminated as filed in error, pursuant to LR IC 7-1 on 9/3/2019 (RFJ).
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Filing 94
REPLY to Response to #88 Motion, by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 93
RESPONSE to #88 Motion, by Plaintiff Kevin Nguyen. Replies due by 8/23/2019. (Gonnello, Richard)
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Filing 92
CERTIFICATE of Interested Parties by Tahoe Resources, Inc that identifies all parties that have an interest in the outcome of this case. Corporate Parent Pan American Silver Corporation for Tahoe Resources, Inc added. (Hart, Leslie Bryan)
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Filing 91
ANSWER to #59 Amended Complaint with Jury Demand filed by Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc.(Hart, Leslie Bryan)
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Filing 90
NOTICE of Corrected Image/Document re #88 Motion by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Mark Sadler, Tahoe Resources, Inc. (Service of corrected image is attached.) (Hart, Leslie Bryan)
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Filing 89
CLERK'S NOTICE - Attorney Action required as to document ECF No. #88 . ERROR: Document is missing pages. CORRECTION: Attorney Attorney Leslie Bryan Hart advised to file the document with all the pages using the correct event Notice of Corrected Image/Document, found under the Notices category. Attorney advised to properly link the newly filed NOTICE to #88 MOTION to Certify for Interlocutory Appeal, pursuant to LR IC 2-2(d). (no image attached) (RFJ)
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Filing 88
VIEW #90 corrected image to MOTION to Certify for Interlocutory Appeal re 84 ORDER, filed by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. Responses due by 8/16/2019. (Hart, Leslie Bryan)
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Filing 87
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (MR)
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Filing 86
SCHEDULING ORDER re #85 Proposed Discovery Plan/Scheduling Order. Discovery due by 8/23/2021. Motions due by 9/22/2021. Signed by Magistrate Judge Nancy J. Koppe on 7/8/2019. (Copies have been distributed pursuant to the NEF - MR)
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Filing 85
PROPOSED Discovery Plan/Scheduling Order by Plaintiff Kevin Nguyen (Gonnello, Richard)
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Filing 83
TRANSCRIPT of Proceedings, Motions Hearing, held on 6/19/2019, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 7/11/2019. Redacted Transcript Deadline is set for 7/21/2019. Release of the Transcript Restriction is set for 9/18/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
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Filing 84
MINUTES OF PROCEEDINGS - Motion Hearing held on 6/19/2019 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Richard Gonnello, Esq., Megan Sullivan, Esq., Dllon Haquis, Esq., Martin Muckleroy, Esq.; Def Counsel: Scott FIsher, Esq., Leslie Bryan Hart, Esq., Karl Barnickol. Esq.; Court Reporter: Patty Ganci; Time of Hearing: 2:35 PM - 3:56 PM; Courtroom: 7C.The Court makes preliminary statements and hears representations from the parties regarding Defendants' #65 Motion to Dismiss and Lead Plaintiff's #68 Motion to Strike. For the reasons stated on the record, IT IS ORDERED that #65 Motion to Dismiss is DENIED in part and GRANTED in part. The Court dismisses Defendant McGregor from this matter, finding that the allegations relating to scienter are insufficient as to Defendant McGregor. Claim One will proceed against all remaining Defendants, and Claim Two will proceed against the remaining Individual Defendants. IT IS FURTHER ORDERED that #68 Motion to Strike is DENIED as moot. IT IS FURTHER ORDERED that the parties submit a joint proposed discovery plan/scheduling order by July 3, 2019. The transcript of the hearing shall serve as the written Opinion and Order of the Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 82
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/17/2019. Due to a conflict with the Court's calendar, IT IS ORDERED that the hearing regarding #65 MOTION to Dismiss #59 Amended Complaint and #68 MOTION to Strike #65 Motion to Dismiss set for June 19, 2019 is ADVANCED in time Only to 2:30 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 81
ORDER Granting #80 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Dillon Hagius for Kevin Nguyen and approving Designation of Local Counsel Martin Muckleroy. Signed by Judge Richard F. Boulware, II on 6/14/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - ADR)
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Filing 80
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Dillon J. Hagius and DESIGNATION of Local Counsel Martin A. Muckleroy (Filing fee $ 250 receipt number 0978-5585796) by Plaintiff Kevin Nguyen. (Muckleroy, Martin)
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Filing 79
ORDER Granting #78 Motion to Remove Attorney Veronica A. Petersen from Electronic Service List. Signed by Magistrate Judge Nancy J. Koppe on 4/17/2019.(Copies have been distributed pursuant to the NEF - JQC)
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Filing 78
MOTION to remove attorney Veronica A. Petersen from the Electronic Service List in this case by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 77
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/16/2019.At the request and agreement of counsel for the parties, IT IS ORDERED that the hearing regarding #65 MOTION to Dismiss #59 Amended Complaint and #68 MOTION to Strike #65 Motion to Dismiss set for April 24, 2019 is vacated the RESET to June 19, 2019 at 4:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 76
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/8/2019.IT IS ORDERED that a hearing regarding #65 MOTION to Dismiss #59 Amended Complaint and #68 MOTION to Strike #65 Motion to Dismiss is set for April 24, 2019 at 3:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 75
REPLY to Response to #65 Motion to Dismiss, by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 74
REPLY to Response to #68 Motion to Strike by Plaintiff Kevin Nguyen. (Gonnello, Richard)
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Filing 73
RESPONSE to #68 Motion to Strike by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. Replies due by 1/21/2019. (Hart, Leslie Bryan)
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Filing 72
ERROR: Document not filed per LR IC 2-2(c) and LR IA 11-6 by attorney Leslie Bryan Hart. CORRECTION: Attorney advised to refile document using the correct event in accordance with the local rules. NOTICE; filed by Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan) Document #72 terminated as filed in error on 1/2/2019 (RFJ).
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Filing 71
CLERK'S NOTICE - Regarding violation of the Local Rules and Attorney Action required as to document #70 - Wrong event was selected. Attorney Leslie Bryan Hart is advised to refile document #70 using the correct Motion event in accordance with FRCP 7, LR IA 11-6 and LR IC 2-2(c). Document #70 terminated as filed in error. (no image attached) (RFJ)
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Filing 70
ERROR: Document not filed per LR IA 11-6 and LR IC 2-2(c) by attorney Leslie Bryan Hart. CORRECTION: Attorney advised to refile document using the correct event in accordance with the local rules. NOTICE; filed by Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan) Document #70 terminated as filed in error on 1/2/2019 (RFJ).
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Filing 69
RESPONSE to #65 Motion to Dismiss, by Plaintiff Kevin Nguyen. Replies due by 1/7/2019. (Gonnello, Richard)
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Filing 68
MOTION to Strike #65 Motion to Dismiss, by Plaintiff Kevin Nguyen. Responses due by 1/14/2019. (Gonnello, Richard)
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Filing 67
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 12/17/2018. IT IS ORDERED that #66 Motion for Leave to File Excess Pages is GRANTED. Plaintiff may file a brief of up to 34 pages in length in opposition to Defendants' #65 Motion To Dismiss Consolidated Class Action Complaint. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 66
MOTION for Leave to File Excess Pages by Plaintiff Kevin Nguyen. (Attachments: #1 Declaration of Richard W. Gonnello, #2 Proposed Order) (Gonnello, Richard)
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Filing 65
MOTION to Dismiss #59 Amended Complaint by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. Responses due by 11/13/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Hart, Leslie Bryan)
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Filing 64
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 10/30/2018. IT IS ORDERED that the #63 Motion for Leave to File Excess Pages re: #59 Amended Complaint is GRANTED. (Copies have been distributed pursuant to the NEF - BEL)
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Filing 63
MOTION for Leave to File Excess Pages by Defendants Ronald W Clayton, Edie Hofmeister, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 62
SUMMONS Returned Executed by Kevin Nguyen re #59 Amended Complaint. Edie Hofmeister served on 9/6/2018. (Attachments: #1 Exhibit A)(Gonnello, Richard)
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Filing 61
Summons Issued as to Edie Hofmeister re #59 Amended Complaint. (ADR)
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Filing 60
PROPOSED SUMMONS to be issued by Plaintiff Kevin Nguyen. (Gonnello, Richard)
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Filing 59
AMENDED COMPLAINT with Jury Demand against Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc, Edie Hofmeister by Kevin Nguyen. Adds new parties. Proof of service due by 11/29/2018.(Gonnello, Richard)
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Filing 58
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 7/17/2018. In light of the Consolidation Order, IT IS ORDERED that cases nos. 2:18-cv-01041-RFB-GWF and 2:18-cv-00924-JCM-VCF shall be REASSIGNED by the Clerk of the Court to District Judge Richard F. Boulware, II and Magistrate Judge Nancy Koppe who were assigned the earliest open case, case no. 2:17-cv-01868-RFB-NJK. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 57
ORDER Granting #56 Stipulation to Consolidate Cases. It is ORDERED that 2:18-cv-01041-RFB-GWF; 2:18-cv-00924-JMC-VCF are consolidated under 2:17-cv-01868-RFB-NJK. All future filings must be filed in the lead case 2:17-cv-01868-RFB-NJK. Amended Complaint deadline: 8/31/2018. Signed by Judge Richard F. Boulware, II on 7/17/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 56
STIPULATION and [PROPOSED] ORDER TO CONSOLIDATE re #55 Notice of Related Cases by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 55
NOTICE OF RELATED CASES 2:18-cv-01041-RFB-GWF; 2:18-cv-00924-JCM-VCF by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 54
ORDER. IT IS ORDERED that #10 Movant Kevin Nguyen's Motion for Appointment of Counsel and for Appointment of Lead Plaintiff is GRANTED. The competing Motions #6 , #7 , #8 are DENIED. Signed by Judge Richard F. Boulware, II on 7/13/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 53
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 7/11/2018. IT IS ORDERED that the hearing set for Friday, July 20, 2018 is VACATED. The Court will issue a written order on the pending Motions for Appointment for Lead Plaintiff and Appointment of Lead Counsel. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 52
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/14/2018. IT IS ORDERED that a hearing is set for Friday, July 20, 2018 at 2:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. The hearing will address: #6 First MOTION for Appointment of Counsel , #7 MOTION to Amend/Correct #6 Motion for Appointment of Counsel, #8 MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL, and #10 MOTION for Appointment of Counsel and for Appointment of Lead Plaintiff. A hearing is set July 20, 2018. Counsel for the parties are ordered to appear at this hearing. Failure to appear at the scheduled hearing time may result in the imposition of sanctions, including but not limited to monetary sanctions, granting of the opposing party's motion or case-dispositive sanctions. Each party shall have three days to notify the Courtroom Administrator by email at blanca_lenzi@nvd.uscourts.gov if unable to attend and propose an alternative hearing time after consulting with opposing counsel.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing 51
ORDER. The Court hereby ORDERS that, absent a further request being granted, Defendants shall answer the complaint by 7/20/18, or within 21 days from issuance of a decision on the anticipated request for consolidation, whichever is earlier. Signed by Magistrate Judge Nancy J. Koppe on 5/22/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 50
Joint STATUS REPORT by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 49
ORDER Granting #48 Motion to Extend Time to Respond to Complaint. See order for deadlines. Signed by Magistrate Judge Nancy J. Koppe on 2/21/2018.(Copies have been distributed pursuant to the NEF - ADR)
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Filing 48
Unopposed MOTION to Extend Time (Third Request) re #1 Complaint,,, by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 47
ORDER Granting #43 Motion to Extend Time. Defendants answer due 2/28/2018. Signed by Magistrate Judge Nancy J. Koppe on 1/26/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 46
RESPONSE to 44 Minute Order,, by Movant Kevin Nguyen. (Gonnello, Richard)
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Filing 45
AMENDED MOTION RESPONSE to Extend Time to Respond to Complaint in Response to 44 Minute Order,, by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan) Modified event on 1/31/2018 (EDS).
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Filing 44
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 1/25/2018. The deadline for Defendants to respond to the complaint is January 26, 2018. Docket No. 40. Defendants filed this morning a motion to extend that deadline. Docket No. 43. Defendants are hereby ORDERED to file an amended motion identifying whether they conferred with opposing counsel on the relief sought and, if so, whether opposing counsel indicated an intent to oppose that relief. That amended motion shall be filed by noon today, January 25, 2018. Any response from Plaintiff shall be filed by 5:00 p.m. today, January 25, 2018. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - TM)
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Filing 43
MOTION to Extend Time (Second Request) re #1 Complaint,,, by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 42
ORDER Granting #41 Unopposed Motion to Terminate Electronic Service List. Attorney Patrick R. Leverty terminated. Signed by Magistrate Judge Nancy J. Koppe on 12/4/2017.; (Copies have been distributed pursuant to the NEF - ADR)
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Filing 41
UNOPPOSED MOTION Motion and Proposed Order to Terminate Electronic Service by Movant Larry Hull. (Leverty, Patrick)
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Filing 40
ORDER Granting in part #35 Motion to Extend Time. The Court instead EXTENDS the deadline for Defendants to respond to the complaint to 1/26/18. Signed by Magistrate Judge Nancy J. Koppe on 12/1/2017. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 39
RESPONSE to #35 FIRST MOTION to Extend Time re #1 Complaint; filed by Movant Kevin Nguyen. Replies due by 12/7/2017. (Gonnello, Richard)
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Filing 38
(1st Notice) Pursuant to Local Rule IC 2-1: that Megan Sullivan is in violation of Local Rule IC 2-1. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Court's website to register for CM/ECF. (no image attached) (WJ)
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Filing 37
ORDER Re: #35 Motion to Extend Time. Responses due by 11/30/2017. Replies due by 12/1/2017. Signed by Magistrate Judge Nancy J. Koppe on 11/28/2017. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 36
SECOND NOTICE re: Related Action; filed by Kevin Nguyen re #34 Notice (Other). (Attachments: #1 Exhibit A) (Gonnello, Richard)
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Filing 35
FIRST MOTION to Extend Time re #1 Complaint, filed by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 34
NOTICE re: Related Action; filed by Kevin Nguyen. (Attachments: #1 Exhibit A)(Gonnello, Richard)
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Filing 33
WAIVER OF SERVICE Returned Executed by Kevin Nguyen. C. Kevin McArthur waiver sent on 9/25/2017, answer due 11/24/2017. (Gonnello, Richard)
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Filing 32
WAIVER OF SERVICE Returned Executed by Kevin Nguyen. Ronald W Clayton waiver sent on 9/25/2017, answer due 11/24/2017. (Gonnello, Richard)
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Filing 31
WAIVER OF SERVICE Returned Executed by Kevin Nguyen. Mark Sadler waiver sent on 9/25/2017, answer due 11/24/2017. (Gonnello, Richard)
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Filing 30
WAIVER OF SERVICE Returned Executed by Kevin Nguyen. Elizabeth McGregor waiver sent on 9/25/2017, answer due 11/24/2017. (Gonnello, Richard)
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Filing 29
WAIVER OF SERVICE Returned Executed by Kevin Nguyen. Tahoe Resources, Inc waiver sent on 9/25/2017, answer due 11/24/2017. (Gonnello, Richard)
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Filing 28
ORDER Granting #27 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Karl R. Barnickol for Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, and Tahoe Resources, Inc and approving Designation of Local Counsel Leslie Bryan Hart. Signed by Judge Richard F. Boulware, II on 10/11/17. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ADR) Modified on 10/13/2017 to correct file date(LG).
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Filing 27
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Karl R. Barnickol and DESIGNATION of Local Counsel Leslie Bryan Hart (Filing fee $ 250 receipt number 0978-4805006) by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 26
STATUS REPORT by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Attachments: #1 Exhibit A)(Hart, Leslie Bryan)
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Filing 25
ORDER Granting #24 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Scott J. Fisher for Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, and Tahoe Resources, Inc and approving Designation of Local Counsel Leslie Bryan Hart. Signed by Judge Richard F. Boulware, II on 10/5/17. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ADR)
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Filing 24
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Scott J. Fisher and DESIGNATION of Local Counsel Leslie Bryan Hart (Filing fee $ 250 receipt number 0978-4800054) by Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 23
NOTICE of Appearance by attorney Leslie Bryan Hart on behalf of Defendants Ronald W Clayton, C. Kevin McArthur, Elizabeth McGregor, Mark Sadler, Tahoe Resources, Inc. (Hart, Leslie Bryan)
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Filing 22
REPLY to Response to #10 Motion for Appointment of Counsel,, filed by Movant Kevin Nguyen. (Gonnello, Richard)
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Filing 21
RESPONSE to #8 Motion, #6 Motion for Appointment of Counsel, #7 Motion to Amend/Correct,, filed by Movant Kevin Nguyen. Replies due by 9/26/2017. (Morsy, Sherief)
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Filing 20
NON-OPPOSITION to #9 Motion for Appointment of Counsel, #10 Motion for Appointment of Counsel,, #8 Motion, ; filed by Plaintiff Oussama Attigui. (Muehlbauer, Andrew)
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Filing 19
NON-OPPOSITION to #10 Motion for Appointment of Counsel,, ; filed by Movant Larry Hull. (Leverty, Patrick)
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Filing 18
WITHDRAWAL of Motion re #9 Motion for Appointment of Counsel, ; by Movant Frederick Berliner . (Aldrich, John)
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Filing 17
ORDER Granting #14 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Megan Sullivan for Kevin Nguyen and approving Designation of Local Counsel Martin A. Muckleroy. Signed by Judge Richard F. Boulware, II on 9/11/17. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ADR)
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Filing 16
ORDER Granting #13 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Richard Gonnello for Kevin Nguyen and approving Designation of Local Counsel Martin A. Muckleroy. Signed by Judge Richard F. Boulware, II on 9/11/17. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ADR)
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Filing 15
ORDER Granting #12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Sherief Morsy for Kevin Nguyen and approving Designation of Local Counsel Martin A. Muckleroy. Signed by Judge Richard F. Boulware, II on 9/11/17. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ADR)
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Filing 14
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Megan Sullivan and DESIGNATION of Local Counsel Martin A. Muckleroy (Filing fee $ 250 receipt number 0978-4764747) by Movant Kevin Nguyen. (Muckleroy, Martin)
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Filing 13
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Richard Gonnello and DESIGNATION of Local Counsel Martin A. Muckleroy (Filing fee $ 250 receipt number 0978-4764728) by Movant Kevin Nguyen. (Muckleroy, Martin)
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Filing 12
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Sherief Morsy and DESIGNATION of Local Counsel Martin A. Muckleroy (Filing fee $ 250 receipt number 0978-4764674) by Movant Kevin Nguyen. (Muckleroy, Martin)
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Filing 11
NOTICE of Corrected Image/Document re #9 Motion for Appointment of Counsel, by Movant Frederick Berliner. (Service of corrected image is attached). (Aldrich, John)
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Filing 10
MOTION for Appointment of Counsel and for Appointment of Lead Plaintiff by Movant Kevin Nguyen. (Attachments: #1 Declaration of Martin A. Muckleroy, #2 Index of Exhibits, #3 Exhibit A - Notice of Pendency of Sanders Class Action, #4 Exhibit B - Notice of Pendency of Attigui Class Action, #5 Exhibit C - Notice of Pendency of Cabrera Class Action, #6 Exhibit D - PSLRA Certification of Nguyen, #7 Exhibit E - Chart of Nguyen's Losses, #8 Exhibit F - Firm Resume of Faruqi & Faruqi, LLP, #9 Exhibit G - Firm Resume of Muckleroy Lunt, LLC, #10 Proposed Order)(Muckleroy, Martin)
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Filing 9
MOTION for Appointment of Counsel Motion and Memorandum of Points and Authorities in Support of Motion of Frederick Berliner for Appointment as Lead Plaintiff and Approval of His Selection of Counsel by Movant Frederick Berliner. (Attachments: #1 Declaration, #2 Exhibit, #3 Proposed Order)(Aldrich, John) Corrected Image #11 Attached on 9/6/2017 (TR).
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Filing 8
MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL by Movant Larry Hull. Responses due by 9/19/2017. (Attachments: #1 Declaration Patrick Leverty, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Order)(Leverty, Patrick)
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Filing 7
MOTION to Amend/Correct #6 Motion for Appointment of Counsel,. Levi & Korsinsky, LLP by Plaintiff Oussama Attigui. Responses due by 9/19/2017. (Attachments: #1 Index exhibit index, #2 Exhibit client certification, #3 Exhibit loss chart, #4 Exhibit press release, #5 Exhibit Firm resume, #6 Declaration Declaration of Attorney Sean Connell in support of motion, #7 Proposed Order Proposed Order)(Muehlbauer, Andrew)
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Filing 6
First MOTION for Appointment of Counsel Levi & Korsinsky, LLP by Plaintiff Oussama Attigui. (Attachments: #1 Exhibit client certification, #2 Exhibit loss chart, #3 Exhibit press release, #4 Exhibit firm resume, #5 Declaration Declaration of Attorney Sean Connell in support of Motion, #6 Proposed Order Proposed Order)(Muehlbauer, Andrew)
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Filing 5
ORDER Granting #4 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Nicholas I. Porritt and approving Designation of Local Counsel Sean P. Connell. Signed by Judge Richard F. Boulware, II on 8/10/17. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ADR)
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Filing 4
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Nicholas I. Porritt and DESIGNATION of Local Counsel Sean P. Connell (Filing fee $ 250 receipt number 0978-4718406) by Plaintiff Oussama Attigui. (Muehlbauer, Andrew)
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Filing 3
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Adam M. Apton and Nicholas Porrit to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 8/21/2017. (no image attached) (ADR)
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Filing 2
Summons Issued as to All Defendants re #1 Complaint. (ADR)
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Filing 1
COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-4681476), filed by Oussama Attigui. Proof of service due by 10/5/2017. (Attachments: #1 Civil Cover Sheet, #2 Declaration certification of named plaintiff, #3 Exhibit chart of stock transactions, #4 Declaration certificate of interested parties, #5 Summons Tahoe summons, #6 Summons McGregor summons, #7 Summons Sadler summons, #8 Summons Clayton summons, #9 Summons McArthur summons)(Muehlbauer, Andrew) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Nancy J. Koppe. (ADR)
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