Lavin v. Virgin Galactic Holdings, Inc. et al
| Shane Lavin, Xinqiang Cui, Richard O'Keefe-Jones, Justin Carough and Jennifer Ortiz |
| Virgin Galactic Holdings, Inc., Doug Ahrens, Jon Campagna, George Whitesides, Michael A. Colglazier, Richard Branson, Chamath Palihapitiya and Michael Moses |
| Frank Matassa, Robert Scheele and Manuel Rodriguez |
| Mark Kusnier |
| 1:2021cv03070 |
| May 28, 2021 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Allyne R Ross |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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ORDER: The Motion for Extension of Time to File #60 is granted, on consent. Plaintiffs shall file an amended complaint on or before 12/12/2022. So Ordered by Taryn A. Merkl on 11/16/2022. (SA)
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Filing 60
Letter MOTION for Extension of Time to File Amended Complaint by Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele. (Wolke, Kara)
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Filing 59
NOTICE of Appearance by Laurence Matthew Rosen on behalf of Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele (aty to be noticed) (Rosen, Laurence)
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Filing 58
ORDER granting in part and denying in part #51 Motion to Dismiss. For the reasons set forth in the attached opinion, defendants' motion to dismiss is granted in part and denied in part. Additionally, I grant plaintiffs leave to amend their complaint. Plaintiffs shall file an amended complaint within 21 days of the date of this order, on or before November 28, 2022. Ordered by Judge Allyne R. Ross on 11/7/2022. (BH)
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Filing 57
REPLY in Support re #51 MOTION to Dismiss the Corrected Amended Complaint filed by Richard Branson, Michael A. Colglazier, Michael Moses, Chamath Palihapitiya, Virgin Galactic Holdings, Inc., George Whitesides. (Johnson, Michele)
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Filing 56
MEMORANDUM in Opposition re #51 MOTION to Dismiss the Corrected Amended Complaint filed by Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele. (Sams, Ex Kano)
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Filing 55
Letter Requesting Oral Argument on Motion to Dismiss the Corrected Amended Complaint by Richard Branson, Michael A. Colglazier, Michael Moses, Chamath Palihapitiya, Virgin Galactic Holdings, Inc., George Whitesides (Johnson, Michele)
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Filing 54
NOTICE by Richard Branson, Michael A. Colglazier, Michael Moses, Chamath Palihapitiya, Virgin Galactic Holdings, Inc., George Whitesides re #51 MOTION to Dismiss the Corrected Amended Complaint / Request for Judicial Notice in Support of Defendants' Motion to Dismiss the Corrected Amended Complaint (Smith, Colleen)
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Filing 53
MEMORANDUM in Support re #51 MOTION to Dismiss the Corrected Amended Complaint filed by Richard Branson, Michael A. Colglazier, Michael Moses, Chamath Palihapitiya, Virgin Galactic Holdings, Inc., George Whitesides. (Attachments: #1 Appendix A - Statements Challenged in Plaintiffs' Amended Complaint) (Johnson, Michele)
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Filing 52
AFFIDAVIT/DECLARATION in Support re #51 MOTION to Dismiss the Corrected Amended Complaint filed by Richard Branson, Michael A. Colglazier, Michael Moses, Chamath Palihapitiya, Virgin Galactic Holdings, Inc., George Whitesides. (Attachments: #1 Exhibit 1 - Dec. 7, 2021 Amended Complaint, #2 Exhibit 2 - Aug. 7, 2019 Form S-4, #3 Exhibit 3 - Feb. 28, 2020 Form 10-K, #4 Exhibit 4 - May 1, 2020 Form S-1, #5 Exhibit 5 - Aug. 3, 2020 Form S-1, #6 Exhibit 6 - Mar. 1, 2021 Form 10-K, #7 Exhibit 7 - May 28, 2021 Form S-3, #8 Exhibit 8 - Q4 2019 Earnings Call Transcript, #9 Exhibit 9 - Q2 2020 Earnings Call Transcript, #10 Exhibit 10 - Q4 2020 Earnings Call Transcript, #11 Exhibit 11 - Dec. 14, 2020 Press Release, #12 Exhibit 12 - SPCE Stock Price History) (Smith, Colleen)
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Filing 51
MOTION to Dismiss the Corrected Amended Complaint by Richard Branson, Michael A. Colglazier, Michael Moses, Chamath Palihapitiya, Virgin Galactic Holdings, Inc., George Whitesides. (Johnson, Michele)
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Filing 50
NOTICE of Appearance by Corey Anne Calabrese on behalf of Richard Branson, Michael Moses, Chamath Palihapitiya (aty to be noticed) (Calabrese, Corey)
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Filing 49
NOTICE of Appearance by Kristin N Murphy on behalf of Richard Branson, Michael Moses, Chamath Palihapitiya (aty to be noticed) (Murphy, Kristin)
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Filing 48
NOTICE of Appearance by Michele D Johnson on behalf of Richard Branson, Michael Moses, Chamath Palihapitiya (notification declined or already on case) (Johnson, Michele)
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Filing 47
NOTICE of Appearance by Colleen Smith on behalf of Richard Branson, Michael Moses, Chamath Palihapitiya (notification declined or already on case) (Smith, Colleen)
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ORDER: The Motion of Kara Wolke for Leave to Appear Pro Hac Vice #46 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Taryn A. Merkl on 3/4/2022. (Cahn, Gabriel)
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Filing 46
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15344015. by Robert Scheele. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Wolke, Kara)
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ORDER granting in part and denying in part #45 Motion for Extension of Time to File Motion to Dismiss. Defendants' moving papers are now due on April 4, 2022. Plaintiffs' opposition is due May 4, 2022. Defendants' reply, if any, is due May 18, 2022. Ordered by Judge Allyne R. Ross on 2/22/2022. (Willingham, Alexandra)
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Filing 45
Letter MOTION for Extension of Time to File by Doug Ahrens, Richard Branson, Jon Campagna, Michael A. Colglazier, Michael Moses, Chamath Palihapitiya, Virgin Galactic Holdings, Inc., George Whitesides. (Smith, Colleen)
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ORDER: The court has reviewed defendants' #43 pre-motion letter and lead plaintiffs' #44 response concerning defendants' anticipated motion to dismiss. The court determines that a pre-motion conference is not necessary and grants defendants permission to bring the motion. The court directs that the motions shall be briefed as follows: defendants' motions and supporting papers shall be filed electronically no later than March 3, 2022; lead plaintiffs' opposition papers shall be filed electronically no later than March 17, 2022; and defendants' reply papers, if any, shall be electronically filed no later than March 24, 2022. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 2/17/2022. (Willingham, Alexandra)
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Filing 44
RESPONSE to Motion re #43 Letter MOTION for pre motion conference filed by Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele. (Horne, Jonathan)
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Filing 43
Letter MOTION for pre motion conference by Richard Branson, Michael A. Colglazier, Michael Moses, Chamath Palihapitiya, Virgin Galactic Holdings, Inc., George Whitesides. (Attachments: #1 Exhibit Plaintiff's Challenged Statements) (Johnson, Michele)
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Filing 42
NOTICE of Appearance by Ex Kano S. Sams, II on behalf of Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele (notification declined or already on case) (Sams, Ex Kano)
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Filing 41
NOTICE of Appearance by Raymond Daniel Sulentic on behalf of Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele (notification declined or already on case) (Sulentic, Raymond)
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Filing 40
NOTICE by Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele re #36 Amended Complaint, Omitted Exhibit (Attachments: #1 Cui PSLRA Certification) (Horne, Jonathan)
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ORDER: The Motion of Ex Kano Sams II for Leave to Appear Pro Hac Vice #38 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Taryn A. Merkl on 12/17/2021. (Cahn, Gabriel)
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ORDER: The Motion of Raymond D. Sulentic for Leave to Appear Pro Hac Vice #39 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Taryn A. Merkl on 12/17/2021. (Cahn, Gabriel)
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Filing 39
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15124373. by Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele. (Attachments: #1 Affidavit of Raymond D. Sulentic, #2 Exhibit Certificate of Good Standing) (Sulentic, Raymond)
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Filing 38
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15123896. by Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele. (Attachments: #1 Affidavit of Ex Kano Sams II, #2 Exhibit) (Sams, Ex Kano)
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Filing 37
Proposed Summons. Re #36 Amended Complaint, by Justin Carough, Xinqiang Cui, Mark Kusnier, Richard O'Keefe-Jones, Jennifer Ortiz, Robert Scheele (Rosen, Laurence)
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Filing 36
AMENDED COMPLAINT Corrected against Richard Branson, Michael A. Colglazier, Michael Moses, Chamath Palihapitiya, Virgin Galactic Holdings, Inc., George Whitesides, filed by Justin Carough, Jennifer Ortiz, Mark Kusnier, Robert Scheele, Xinqiang Cui, Richard O'Keefe-Jones. (Attachments: #1 Ortiz PSLRA Cert, #2 Carlough PSLRA Cert, #3 O'Keefe-Jones PSLRA Cert) (Horne, Jonathan)
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Filing 35
AMENDED COMPLAINT against Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides, Richard Branson, Chamath Palihapitiya, Michael Moses, filed by Mark Kusnier, Robert Scheele, Xinqiang Cui, Richard O'Keefe-Jones, Justin Carough, Jennifer Ortiz. (Attachments: #1 Ortiz PSLRA Cert, #2 Carlough PSLRA Cert, #3 O'Keefe-Jones PSLRA Cert) (Horne, Jonathan)
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Filing 34
NOTICE of Appearance by Kristin N Murphy on behalf of Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides (notification declined or already on case) (Murphy, Kristin)
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Filing 33
NOTICE of Appearance by Michele D Johnson on behalf of Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides (notification declined or already on case) (Johnson, Michele)
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Filing 32
NOTICE of Appearance by Colleen Smith on behalf of Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides (notification declined or already on case) (Smith, Colleen)
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Filing 31
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14933343. by Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides. (Attachments: #1 Declaration of Kristin N. Murphy in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Murphy, Kristin)
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ORDER: The Motion of Colleen C. Smith for Leave to Appear Pro Hac Vice #29 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Taryn A. Merkl on 10/14/2021. (Cahn, Gabriel)
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ORDER: The Motion of Michele D. Johnson for Leave to Appear Pro Hac Vice #30 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Taryn A. Merkl on 10/14/2021. (Cahn, Gabriel)
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ORDER: The Motion of Kristin N. Murphy for Leave to Appear Pro Hac Vice #31 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Taryn A. Merkl on 10/14/2021. (Cahn, Gabriel)
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Filing 30
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14930440. by Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides. (Attachments: #1 Declaration of Michele D. Johnson in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Johnson, Michele)
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Filing 29
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14930396. by Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides. (Attachments: #1 Declaration of Colleen C. Smith in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Smith, Colleen)
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Filing 28
Corporate Disclosure Statement by Virgin Galactic Holdings, Inc. (Calabrese, Corey)
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ORDER: The Proposed Scheduling Order #27 requested on consent of the parties is granted, in part. Co-Lead Plaintiffs shall file their Amended Complaint on or before 12/6/2021. Defendants shall answer or otherwise respond to the Amended Complaint on or before 2/4/2022. The parties are respectfully directed that any dispositive motion practice should be done in accordance with Judge Allyne R. Ross's Individual Rules. Ordered by Magistrate Judge Taryn A. Merkl on 10/13/2021. (Cahn, Gabriel)
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Filing 27
Joint MOTION for Extension of Time to Amend #1 Complaint, / Stipulation and [Proposed] Order Regarding Time to File an Amended Complaint and Briefing Scheduling by Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides. (Calabrese, Corey)
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Filing 26
NOTICE of Appearance by Corey Anne Calabrese on behalf of Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides (aty to be noticed) (Calabrese, Corey)
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STATUS REPORT ORDER: The parties are respectfully directed to file a Status Report on or before 11/17/2021, advising the Court as to the progress of the case. Ordered by Magistrate Judge Taryn A. Merkl on 10/8/2021. (Cahn, Gabriel)
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Filing 25
NOTICE of Appearance by Jonathan Richard Horne on behalf of Mark Kusnier, Robert Scheele (aty to be noticed) (Horne, Jonathan)
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Filing 24
SUMMONS Returned Executed by Shane Lavin. Jon Campagna served on 9/13/2021, answer due 10/4/2021. (Lieberman, Jeremy)
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Filing 23
SUMMONS Returned Executed by Shane Lavin. Michael A. Colglazier served on 9/14/2021, answer due 10/5/2021. (Lieberman, Jeremy)
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Filing 22
ORDER: As stated in the attached Memorandum and Order, and pursuant to 15 U.S.C. 78u-4(a)(3)(B), the Court appoints Robert Scheele and Mark Kusnier as Co-Lead Plaintiffs and Glancy Prongay & Murray LLP and The Rosen Law Firm, P.A. as Co-Class Counsel. The pending motions by Matassa #6 and Rodriguez #14 are denied as moot in light of their respective notices of non-opposition #15 , #17 . The pending motions by Scheele #11 and Kusnier #9 are denied as moot in light of their joint stipulation to be appointed co-lead plaintiffs #19 . Ordered by Magistrate Judge Taryn A. Merkl on 9/17/2021. (Cahn, Gabriel)
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Filing 21
SUMMONS Returned Executed by Shane Lavin. Doug Ahrens served on 9/8/2021, answer due 9/29/2021. (Lieberman, Jeremy)
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Filing 20
SUMMONS Returned Executed by Shane Lavin. Virgin Galactic Holdings, Inc. served on 9/8/2021, answer due 9/29/2021. (Lieberman, Jeremy)
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Filing 19
STIPULATION and Proposed Order Appointing Co-Lead Plaintiffs and Co-Lead Counsel by Mark Kusnier, Robert Scheele (Linkh, Gregory)
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Filing 18
MEMORANDUM in Opposition re #6 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #9 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #14 MOTION to Appoint Counsel NOTICE OF MOTION OF MANUEL RODRIGUEZ FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Robert Scheele. (Linkh, Gregory)
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Filing 17
NOTICE by Frank Matassa re #6 MOTION to Appoint Counsel and Appoint Lead Plaintiff Notice of Non-Opposition (Hopkins, Shannon)
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Filing 16
MEMORANDUM in Opposition re #11 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #6 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Mark Kusnier. (Kim, Phillip)
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Filing 15
NOTICE by Manuel Rodriguez NOTICE OF NON-OPPOSITION TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL (Lieberman, Jeremy)
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Filing 14
MOTION to Appoint Counsel NOTICE OF MOTION OF MANUEL RODRIGUEZ FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL by Manuel Rodriguez. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Declaration, #4 Exhibit A - Loss Chart, #5 Exhibit B - Press Release, #6 Exhibit C - Certification, #7 Exhibit D - Movant Declaration, #8 Exhibit E - Firm Resume) (Lieberman, Jeremy)
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Filing 13
AFFIDAVIT/DECLARATION in Support re #11 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Robert Scheele. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - GPM Firm Resume) (Linkh, Gregory)
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Filing 12
MEMORANDUM in Support re #11 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Robert Scheele. (Linkh, Gregory)
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Filing 11
MOTION to Appoint Counsel and Appoint Lead Plaintiff by Robert Scheele. (Attachments: #1 Proposed Order) (Linkh, Gregory)
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Filing 10
MEMORANDUM in Support re #9 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Mark Kusnier. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume) (Kim, Phillip)
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Filing 9
MOTION to Appoint Counsel and Appoint Lead Plaintiff by Mark Kusnier. (Attachments: #1 Proposed Order) (Kim, Phillip)
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Filing 8
AFFIDAVIT/DECLARATION in Support re #6 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Frank Matassa. (Attachments: #1 Exhibit PSLRA Certification, #2 Exhibit Loss Chart, #3 Exhibit PSLRA Notice, #4 Exhibit LK Resume) (Hopkins, Shannon)
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Filing 7
MEMORANDUM in Support re #6 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Frank Matassa. (Hopkins, Shannon)
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Filing 6
MOTION to Appoint Counsel and Appoint Lead Plaintiff by Frank Matassa. (Attachments: #1 Proposed Order) (Hopkins, Shannon)
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Filing 5
NOTICE of Appearance by J. Alexander Hood on behalf of Shane Lavin (aty to be noticed) (Hood, J. Alexander)
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Filing 4
Summons Issued as to Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides. (Davis, Kimberly)
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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)
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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)
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Case Assigned to Judge Allyne R. Ross and Magistrate Judge Taryn A. Merkl. 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)
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Filing 1
COMPLAINT against Doug Ahrens, Jon Campagna, Michael A. Colglazier, Virgin Galactic Holdings, Inc., George Whitesides filing fee $ 402, receipt number ANYEDC-14520083 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Shane Lavin. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Lieberman, Jeremy)
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