Bernstein v. MP Materials Corp. et al
| Marc Bernstein and Carmelo Zappulla |
| MP Materials Corp., Fortress Value Acquisition Corp., James H. Litinsky, Ryan Corbett, Andrew A. McKnight and Daniel N. Bass |
| Denis Bourque and Mark Jurkiewicz |
| 2:2022cv00315 |
| February 22, 2022 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Cristina D Silva |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 27 NOTICE of Voluntary Dismissal by Movant Denis Bourque. . (Aldrich, John) |
Filing 26
ORDER.IT IS ORDERED that Bourque's motion for appointment as lead plaintiff and approval of counsel (ECF No. #12 ) is granted. IT IS FURTHER ORDERED that Zappulla's motion for appointment as lead plaintiff and approval of selection of counsel (ECF No. #13 ) is denied. IT IS FURTHER ORDERED that Jurkiewicz's motion for appointment as lead plaintiff and appointment of counsel (ECF No. #15 ) is denied. Signed by Magistrate Judge Daniel J. Albregts on 6/27/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 25
ORDER Granting #21 Stipulation Setting Response Deadlines and Briefing Schedule. See Order for further details. Signed by Magistrate Judge Daniel J. Albregts on 6/22/2022. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 24 NOTICE of Corrected Image/Document re #21 Stipulation by Movant Denis Bourque. (Service of corrected image is attached.) (Aldrich, John) |
| Filing 23 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #21 was not filed pursuant to LR IC 5-1(b) by attorneys John P. Aldrich and Catherine Hernandez. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. (no image attached) (SLD) |
| Filing 22 CLERK'S NOTICE. Attorney Action Required to ECF No. #21 . ERROR: Document missing Judge's signature block. Pursuant to LR IA 6-2: A stipulation or ex parte or unopposed motion must include an "order" in the form of a signature block on which the court or clerk can endorse approval of the relief sought. Attorney John P. Aldrich is advised to file the corrected image using the document event Notice of Corrected Image/Document and link to #21 . (no image attached) (SLD) |
| Filing 21 VIEW Corrected Image #24 re: STIPULATION Setting Response Deadlines and Briefing Schedule by Movant Denis Bourque. (Aldrich, John) Modified on 6/21/2022 (SLD). |
| Filing 20 NOTICE Notice that Denis Bourque's Motion for Appointment as Lead Plaintiff and Approval of Counsel Is Not Opposed by Denis Bourque re #12 Motion for Appointment of Counsel,. (Aldrich, John) |
| Filing 19 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 5/9/2022. Re: #11 Stipulation setting response deadlines. Having reviewed the parties' stipulation, the Court finds good cause to grant the extension. In the interest of having clearly defined deadlines, however, the Court will set a deadline 90 days after Plaintiff served the complaint for Defendants to respond. IT IS THEREFORE ORDERED that the stipulation #11 is GRANTED IN PART. IT IS FURTHER ORDERED that Defendants shall file their answer by June 27, 2022. The parties may move this deadline by stipulation.(no image attached) (Copies have been distributed pursuant to the NEF - KL) |
| Filing 18 RESPONSE to #15 Motion for Appointment of Counsel, #13 Motion,,, by Movant Denis Bourque. Replies due by 5/16/2022. (Aldrich, John) |
| Filing 17 RESPONSE to #12 Motion for Appointment of Counsel, #15 Motion for Appointment of Counsel, by Plaintiff Carmelo Zappulla. Replies due by 5/16/2022. (Williams, J) |
| Filing 16 NON-OPPOSITION to #13 Motion,,, #12 Motion for Appointment of Counsel, by Movant Mark Jurkiewicz. (Muehlbauer, Andrew) |
| Filing 15 MOTION for Appointment of Counsel and Appointment of Lead Plaintiff by Movant Mark Jurkiewicz. (Attachments: #1 Declaration of Andrew R. Muehlbauer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order) (Muehlbauer, Andrew) |
| Filing 14 CERTIFICATE of Interested Parties by Carmelo Zappulla. There are no known interested parties other than those participating in the case (Williams, J) |
| Filing 13 MOTION Carmelo Zappulla's Motion For Appointment As Lead Plaintiff And Approval Of Selection Of Counsel. by Plaintiff Carmelo Zappulla. Responses due by 5/9/2022. (Attachments: #1 Declaration Declaration of J. Colby Williams In Support Of Motion For Appointment As Lead Plaintiff And Approval of Selection of Counsel., #2 Exhibit Exhibit A - Notice of Pendency of Class Action Published on Globe Newswire dated February 22, 2022., #3 Exhibit Exhibit B - Carmelo Zappulla Certification., #4 Exhibit Exhibit C - Estimate of Carmelo Zappulla Losses., #5 Exhibit Exhibit D - Carmello Zappulla Declaration., #6 Proposed Order Proposed Order Granting Motion For Appointment as Lead Plaintiff and Approval of Selection of Counsel.) (Williams, J) |
| Filing 12 MOTION for Appointment of Counsel Motion of Denis Bourque for Appointment as Lead Plaintiff and Approval of Counsel by Movant Denis Bourque. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order) (Aldrich, John) |
| Filing 11 STIPULATION Setting Response Deadlines re #1 Complaint,, by Plaintiff Marc Bernstein. (Muehlbauer, Andrew) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Marc Bernstein. Daniel N. Bass waiver sent on 4/12/2022, answer due 6/11/2022. (Muehlbauer, Andrew) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Marc Bernstein. Andrew A. McKnight waiver sent on 4/12/2022, answer due 6/11/2022. (Muehlbauer, Andrew) |
| Filing 8 CLERK'S NOTICE that in order to create a caseload for U.S. District Judge Cristina D. Silva, this case is reassigned to Judge Cristina D. Silva for all further proceedings. All further documents must bear the correct case number 2:22-cv-00315-CDS-DJA. (no image attached) (ABG) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Marc Bernstein. MP Materials Corp. waiver sent on 4/12/2022, answer due 6/11/2022. (Muehlbauer, Andrew) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Marc Bernstein. Ryan Corbett waiver sent on 4/12/2022, answer due 6/11/2022. (Muehlbauer, Andrew) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Marc Bernstein. James H. Litinsky waiver sent on 4/12/2022, answer due 6/11/2022. (Muehlbauer, Andrew) |
| Filing 4 SUMMONS ISSUED as to Daniel N. Bass, Ryan Corbett, James H. Litinsky, MP Materials Corp., Andrew A. McKnight re #1 Complaint. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (KF) |
| Filing 3 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - KF) |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Daniel J. Albregts. (KF) |
| Filing 2 CERTIFICATE of Interested Parties by MARC BERNSTEIN. There are no known interested parties other than those participating in the case (Muehlbauer, Andrew) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6804345) by MARC BERNSTEIN. Proof of service due by 5/23/2022. (Attachments: #1 Civil Cover Sheet, #2 Certification of Plaintiff and Schedule A, #3 Summons Litinsky, #4 Summons Corbett, #5 Summons McKnight, #6 Summons Bass, #7 Summons MP Materials) (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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