Blackburn v. Dimon et al
| Charles R. Blackburn |
| James Dimon, Marianne Lake, Linda Bammann, Stephen Burke, Todd Combs, James Crown, Timothy Flynn, Mellody Hobson, Laban Jackson, Lee Raymond, JPMorgan Chase & Co. and Michael A Neal |
| 1:2022cv07649 |
| December 16, 2022 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Rachel P Kovner |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 17 Letter Regarding Plaintiffs Notice of Related Case by Linda Bammann, Stephen Burke, Todd Combs, James Crown, James Dimon, Timothy Flynn, Mellody Hobson, JPMorgan Chase & Co., Laban Jackson, Marianne Lake, Michael A Neal, Lee Raymond (Sacks, Robert) |
Filing 16
ORDER re #10 : The parties' stipulation and proposed scheduling order is So Ordered. So Ordered by Magistrate Judge Marcia M. Henry on 01/31/2023. (MY)
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ORDER: Plaintiff requests that this action be deemed related to In re JPMorgan Chase & Co. Secs. Litig., 1:20-CV-05124 (ENV) (RML) (E.D.N.Y.), and reassigned to Judge Vitaliano. See Not. of Related Case (Dkt. #12). Pursuant to Local Rule 50.3.1(d), defendants may serve and file by 2/03/2023 a letter of no more than three single-spaced pages supporting or opposing the application. Ordered by Judge Rachel P. Kovner on 1/30/2023.
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| Filing 15 NOTICE of Appearance by Audra J. Soloway on behalf of Linda Bammann, Stephen Burke, Todd Combs, James Crown, Timothy Flynn, Mellody Hobson, Laban Jackson, Michael A Neal, Lee Raymond (aty to be noticed) (Soloway, Audra) |
| Filing 14 NOTICE of Appearance by Loretta Lynch on behalf of Linda Bammann, Stephen Burke, Todd Combs, James Crown, Timothy Flynn, Mellody Hobson, Laban Jackson, Michael A Neal, Lee Raymond (aty to be noticed) (Lynch, Loretta) |
| Filing 13 NOTICE of Appearance by Brad S. Karp on behalf of Linda Bammann, Stephen Burke, Todd Combs, James Crown, Timothy Flynn, Mellody Hobson, Laban Jackson, Lee Raymond, Michael A Neal (aty to be noticed) (Karp, Brad) |
| Filing 12 NOTICE by Charles R. Blackburn that this case involves factual contentions that overlap with the allegations in a related case (1:20-cv-05124-ENV-RML) currently pending in this Court before Judge Eric N. Vitaliano (Quitt, Daniella) |
| Filing 11 NOTICE of Appearance by Jonathan Sloan Carter on behalf of James Dimon, JPMorgan Chase & Co., Marianne Lake (aty to be noticed) (Carter, Jonathan) |
| Filing 10 Proposed Scheduling Order by James Dimon, JPMorgan Chase & Co., Marianne Lake (Sacks, Robert) |
| Filing 9 Corporate Disclosure Statement by JPMorgan Chase & Co. identifying Other Affiliate Vangaurd Group, Inc. for JPMorgan Chase & Co.. (Sacks, Robert) |
| Filing 8 NOTICE of Appearance by Robert Andrew Sacks on behalf of James Dimon, JPMorgan Chase & Co., Marianne Lake (aty to be noticed) (Sacks, Robert) |
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ORDER: The #7 motion to seal is granted. Judicial documents are subject to a presumption of public access, but sealing such documents can be justified when necessary to protect higher values. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120-21 (2d Cir. 2006). For the reasons stated in the #7 motion to seal, plaintiff's verified stockholder derivative complaint shall remain under seal. See Mot. to Seal 12 (Dkt. #7); Verified S'holder Deriv. Compl. (Dkt. #1-1); Stegmann on Behalf of Covetrus, Inc. v. Wolin, No. 21-CV-1717 (GRB), 2021 WL 1838219, at *2 (E.D.N.Y. May 7, 2021). Ordered by Judge Rachel P. Kovner on 1/06/2023. (Miyamoto, Matthew)
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| Filing 7 MOTION to Seal Verified Stockholder Derivative Complaint by Charles R. Blackburn. (Attachments: #1 Exhibit 1- Verified Stockholder Derivative Complaint, #2 Proposed Order) (Quitt, Daniella) |
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ORDER: The Court has received plaintiff's #6 Notice, in which plaintiff "requests that this action be deemed related to [In re JPMorgan Chase & Co. Securities Litig., 1:20-cv-05124-ENV-RML (EDNY)] and reassigned to Judge Vitaliano." Under Local Civil Rule 50.3.1(d), any party wishing for a case to be deemed related to another case must "apply for such a determination... after the date when at least a majority of the defendants have been served with the complaint." Because no defendants have yet appeared and no proof of service has been filed on the docket, plaintiff's request is premature and is therefore denied without prejudice. Ordered by Judge Rachel P. Kovner on 1/04/2023. (Miyamoto, Matthew)
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| Filing 6 NOTICE by Charles R. Blackburn that this case involves factual contentions that overlap with the allegations in a related case (1:20-cv-05124-ENV-RML) currently pending in this Court before Judge Eric N. Vitaliano (Sachs-Michaels, Benjamin) |
| Filing 5 NOTICE of Appearance by Daniella Quitt on behalf of Charles R. Blackburn (aty to be noticed) (Quitt, Daniella) |
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ORDER: Plaintiff's #1 motion for leave to electronically file the complaint under seal is denied without prejudice. Judicial documents are subject to a presumption of public access, but sealing such documents can be justified when necessary to protect higher values. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120-21 (2d Cir. 2006). Plaintiff requests leave to file the complaint under seal because it "refers throughout to material subject to [a] confidentiality agreement." Mot. for Leave to File Under Seal 2 (Dkt. #1). However, "[i]t is not enough for parties to assert that a confidentiality agreement... allows for documents or information to be filed under seal." Berlin v. JetBlue Airways, No. 18-CV-1545 (EK) (LB), 2020 WL 7706488, at *1 & n.2 (E.D.N.Y. Dec. 29, 2020); Alexandria Real Estate Equities, Inc. v. Fair, No. 11-CV-3694 (LTS), 2011 WL 6015646, at *3 (S.D.N.Y. Nov. 30, 2011) ("[T]he mere existence of a confidentiality agreement covering judicial documents is insufficient to overcome the First amendment presumption of public access."). Should plaintiff believe that sealing portions of the complaint is justified, plaintiff shall file by 1/05/2023 a version of the complaint that contains proposed redactions and is accompanied by a motion to seal that justified the redactions under the standard set out in Lugosch. Ordered by Judge Rachel P. Kovner on 12/22/2023. (Miyamoto, Matthew)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 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. (KD) |
| Filing 2 COMPLAINT against All Defendants, filed by Charles R. Blackburn. (Attachments: #1 Civil Cover Sheet) (KD) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge Marcia M. Henry. 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. Motions referred to Marcia M. Henry. (SR) |
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ORDER OF RECUSAL. Judge Allyne R. Ross recused. Case reassigned to Judge Rachel P. Kovner for all further proceedings. Type of Recusal: party. Ordered by Judge Allyne R. Ross on 12/21/2022. (BBM)
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| FILING FEE: $ 402, receipt number 100003675 (KD) |
| Filing 1 MOTION for Leave to Electronically File Document under Seal Verified Stockholder Derivative Complaint by Charles R. Blackburn. (Attachments: #1 Proposed Sealed Document, #2 Proposed Order) (Sachs-Michaels, Benjamin) |
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