Jeweltex Manufacturing Inc., Retirement Plan v. The Boeing Company et al
| Jeweltex Manufacturing Inc., Retirement Plan |
| Robert A. Bradway, Susan C. Schwab, The Boeing Company, Edward M. Liddy, Lawrence W. Kellner, Arthur D. Collins, Jr.,, Caroline B. Kennedy, Mike S. Zafirovski, Kenneth M. Duberstein, David L. Calhoun, Ronald A. Williams, Lynn J. Good, Nikki R. Haley, Admiral Edmund P. Giambastiani, Jr., and Dennis A. Muilenburg |
| 1:2019cv02020 |
| April 8, 2019 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Peggy Kuo |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 24
NOTICE Of Voluntary Dismissal: Pursuant to Fed.R.Civ.P. 4l(a)(l)(A)(i), plaintiff voluntarily dismisses the above-captioned action. Because this notice of dismissal is being filed before service by the defendants of eitheran answer or a motion for summary judgment, Plaintiff's dismissal of the Action is effective upon filing of this notice. Application granted.SO Ordered by Judge William F. Kuntz, II on 4/29/2019. (Tavarez, Jennifer)
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| Filing 23 NOTICE of Voluntary Dismissal by Jeweltex Manufacturing Inc., Retirement Plan (Smilow, Mark) |
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Filing 22
ORDER: On April 19, 2019, the Court received notice from Jeweltex Manufacturing Inc. Retirement Plan ("Plaintiff) withdrawing its Motion for Preliminary Injunction. See ECF No. 19. Accordingly, the Court hereby DISMISSES as moot Plaintiffs motion for preliminary injunction, ECF No. 4. The Court is also in receipt of the letter filed by The Boeing Company ("Defendant") requesting clarification on the hearing scheduled for Tuesday, April 23, 2019, see ECF No. 20, and Plaintiff's letter submitting the hearing should not go forward, see ECF No. 21. The Court hereby cancels the hearing currently scheduled for Tuesday, April 23, 2019 at 4:00 P.M. because it is now moot. So Ordered by Judge William F. Kuntz, II on 4/22/2019. (Jackson, Andrew)
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| Filing 21 Letter to the Honorable William F. Kuntz, II Re: April 23, 2019 Hearing by Jeweltex Manufacturing Inc., Retirement Plan (Weiss, Joseph) |
| Filing 20 Letter to the Honorable William F. Kuntz, II requesting clarification of the Court's April 17 order in light of Plaintiff's withdrawal of its Preliminary Injunction Motion by The Boeing Company (Primis, Craig) |
| Filing 19 NOTICE by Jeweltex Manufacturing Inc., Retirement Plan re 4 1 - Exparte Docket Entry AND Document CV,, Unsigned Order to Show Cause, of Withdrawal of Motion for a Preliminary Injunction (Smilow, Mark) |
| Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 4/17/2019. Appearances: Mark Smilow, Esq., Howard Myer, Esq., Stuart Guber, Esq., Alex Heller, Esq., and Joseph Weiss, Esq., appeared on behalf of Plaintiff Jeweltex Manufacturing Inc., Retirement Plan. Craig Primis, Esq., and Mark Gruetzmacher, Esq., appeared on behalf of Defendant The Boeing Company. Sharon Nelles, Esq., appeared on behalf of Defendant Dennis A. Muilenburg. Having heard the arguments of all counsel of record and having reviewed all submissions in this action, the Court vacated its Order of April 12, 2019, which had granted Plaintiffs' request for expedited discovery. The Court directed the parties to follow the mandated stay of discovery pursuant to the express terms and conditions of the Private Securities Litigation Reform Act. (Court Reporter Michele Nardone.) (Jackson, Andrew) |
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Filing 18
ORDER: Having heard the arguments of all counsel of record and having reviewed all submissions in the instant action, the Court hereby VACATES its Order of April 12, 2019, ECF No. 5, which had granted Plaintiffs' request for expedited discovery, and expressly finds the Plaintiff failed to demonstrate they are entitled to expedited discovery due to an exception to the stay of discovery mandated in this case. The Court directs the parties to follow the mandated stay of discovery pursuant to the express terms and conditions of the Private Securities Litigation Reform Act. Plaintiffs are instructed to submit their reply brief, if any, regarding Defendants' motion to dismiss the Complaint on or before Monday, April 22, 2019 at 5:00 P.M., in advance of the Order to Show Cause Hearing currently scheduled for Tuesday, April 23, 2019 at 4:00 P.M.before the Honorable William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 4/17/2019. (Jackson, Andrew)
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| Filing 17 REPLY in Support re #8 MOTION to Vacate #5 Order to Show Cause,,,, Set Deadlines/Hearings,,, / Defendants Motion to Enforce the Mandatory Discovery Stay of the Private Securities Litigation Reform Act and Vacate Order Permitting Discovery MOTION to Stay filed by All Defendants. (Primis, Craig) |
| Filing 16 RESPONSE to Motion re #8 MOTION to Vacate #5 Order to Show Cause,,,, Set Deadlines/Hearings,,, / Defendants Motion to Enforce the Mandatory Discovery Stay of the Private Securities Litigation Reform Act and Vacate Order Permitting Discovery MOTION to Stay Plaintiffs Supplemental Memorandum of Law in Further Support of Its Motion For a Preliminary Injunction And in Opposition to Defendants Motions to Enforce The PSLRA Discovery Stay And to Vacate This Courts Order Expediting Discovery filed by Jeweltex Manufacturing Inc., Retirement Plan. (Attachments: #1 Declaration of Mark D. Smilow in Further Support of Plaintiffs Motion For A Preliminary Injunction And in Opposition To Defendants Motions to Enforce The PSLRA Discovery Stay And Vacate This Courts Order Expediting Discovery and Exhibits A-B) (Smilow, Mark) |
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Filing 15
ORDER The Court hereby ORDERS Plaintiffs to file a response to Defendants' motion to stay discovery and to vacate the order permitting discovery, ECF No. 8, on or before Tuesday, April 16, 2019 at 12:00 Noon. The Court hereby GRANTS Defendants' motion for a pre-motion conference, ECF No. 11 and Defendants' motion for a hearing, ECF No. 14. The Court hereby ORDERS the parties to appear for a pre-motion hearing to discuss (1) Defendants' motion to stay discovery and to vacate the order permitting discovery; and (2) Defendants' proposed motion to dismiss on Wednesday, April 17, 2019, at 4:00 P.M., at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, in Courtroom 6H North. So Ordered by Judge William F. Kuntz, II on 4/15/2019. (Jackson, Andrew)
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| Filing 14 MOTION for Hearing re #8 MOTION to Vacate #5 Order to Show Cause,,,, Set Deadlines/Hearings,,, / Defendants Motion to Enforce the Mandatory Discovery Stay of the Private Securities Litigation Reform Act and Vacate Order Permitting Discovery MOTION to Stay by Robert A. Bradway, David L. Calhoun, Arthur D. Collins, Jr.,, Kenneth M. Duberstein, Admiral Edmund P. Giambastiani, Jr.,, Lynn J. Good, Nikki R. Haley, Lawrence W. Kellner, Caroline B. Kennedy, Edward M. Liddy, Dennis A. Muilenburg, Susan C. Schwab, The Boeing Company, Ronald A. Williams, Mike S. Zafirovski. (Giuffra, Robert) |
| Filing 13 NOTICE of Appearance by Sharon L. Nelles on behalf of Robert A. Bradway, David L. Calhoun, Arthur D. Collins, Jr.,, Kenneth M. Duberstein, Admiral Edmund P. Giambastiani, Jr.,, Lynn J. Good, Nikki R. Haley, Lawrence W. Kellner, Caroline B. Kennedy, Edward M. Liddy, Dennis A. Muilenburg, Susan C. Schwab, Ronald A. Williams, Mike S. Zafirovski (aty to be noticed) (Nelles, Sharon) |
| Filing 12 NOTICE of Appearance by Robert J. Giuffra, JR on behalf of Robert A. Bradway, David L. Calhoun, Arthur D. Collins, Jr.,, Kenneth M. Duberstein, Admiral Edmund P. Giambastiani, Jr.,, Lynn J. Good, Nikki R. Haley, Lawrence W. Kellner, Caroline B. Kennedy, Edward M. Liddy, Dennis A. Muilenburg, Susan C. Schwab, Ronald A. Williams, Mike S. Zafirovski (aty to be noticed) (Giuffra, Robert) |
| Filing 11 MOTION for pre motion conference re #1 Complaint,, , MOTION to Dismiss for Failure to State a Claim by Robert A. Bradway, David L. Calhoun, Arthur D. Collins, Jr.,, Kenneth M. Duberstein, Admiral Edmund P. Giambastiani, Jr.,, Lynn J. Good, Nikki R. Haley, Lawrence W. Kellner, Caroline B. Kennedy, Edward M. Liddy, Dennis A. Muilenburg, Susan C. Schwab, The Boeing Company, Ronald A. Williams, Mike S. Zafirovski. (Primis, Craig) |
| Filing 10 MEMORANDUM in Opposition re #5 Order to Show Cause,,,, Set Deadlines/Hearings,,, Defendants' Opposition to Plaintiff's Motion for Injunctive Relief filed by All Defendants. (Attachments: #1 Declaration Declaration of Craig S. Primis in Support of Defendants' Opposition to Plaintiff's Motion for Injunctive Relief, #2 Exhibit A) (Primis, Craig) |
| Filing 9 MEMORANDUM in Support re #8 MOTION to Vacate #5 Order to Show Cause,,,, Set Deadlines/Hearings,,, / Defendants Motion to Enforce the Mandatory Discovery Stay of the Private Securities Litigation Reform Act and Vacate Order Permitting Discovery MOTION to Stay filed by All Defendants. (Primis, Craig) |
| Filing 8 MOTION to Vacate #5 Order to Show Cause,,,, Set Deadlines/Hearings,,, / Defendants Motion to Enforce the Mandatory Discovery Stay of the Private Securities Litigation Reform Act and Vacate Order Permitting Discovery, MOTION to Stay by Robert A. Bradway, David L. Calhoun, Arthur D. Collins, Jr.,, Kenneth M. Duberstein, Admiral Edmund P. Giambastiani, Jr.,, Lynn J. Good, Nikki R. Haley, Lawrence W. Kellner, Caroline B. Kennedy, Edward M. Liddy, Dennis A. Muilenburg, Susan C. Schwab, The Boeing Company, Ronald A. Williams, Mike S. Zafirovski. (Primis, Craig) |
| Filing 7 Corporate Disclosure Statement by The Boeing Company (Primis, Craig) |
| Filing 6 NOTICE of Appearance by Craig S. Primis on behalf of The Boeing Company (aty to be noticed) (Primis, Craig) |
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ORDER granting #14 Motion for Hearing #15 . So Ordered by Judge William F. Kuntz, II on 4/15/2019. (Jackson, Andrew)
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ORDER granting #11 Motion for Pre Motion Conference #15 . So Ordered by Judge William F. Kuntz, II on 4/15/2019. (Jackson, Andrew)
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Filing 5
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED, that the above named Defendants show cause before this Court at Courtroom 6H N, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, on Tuesday, April 23, 2019 at 4:00 P.M., or as soon thereafter as counsel may be heard, why an order should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure for a preliminary injunction to prevent the stockholders' vote on Boeing's proxy statement furnished on March 15, 2019 for the April 29, 2019 stockholders' annual meeting ("2019 Proxy Statement"). Plaintiff's application for expedited discovery is GRANTED and the Defendants and their experts are ordered to produce to Plaintiff's counsel all non-privileged documents responsive to Plaintiff's First Request for Production of Documents by 5:00 P.M. on Wednesday, April 17,2019. (See Order for details) SO Ordered by Judge William F. Kuntz, II on 4/11/2019. (Tavarez, Jennifer)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Robert A. Bradway, David L. Calhoun, Arthur D. Collins, Jr.,, Kenneth M. Duberstein, Admiral Edmund P. Giambastiani, Jr.,, Lynn J. Good, Nikki R. Haley, Lawrence W. Kellner, Caroline B. Kennedy, Edward M. Liddy, Dennis A. Muilenburg, Susan C. Schwab, The Boeing Company, Ronald A. Williams, Mike S. Zafirovski filing fee $ 400, receipt number NYEDC-11363635 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jeweltex Manufacturing Inc., Retirement Plan. (Attachments: #1 Civil Cover Sheet, #2 Plaintiff Certification) (Smilow, Mark) |
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