Desmond-Newman v. Govil et al
| Kelly Nicole Desmond-Newman |
| Metodi Filipov, Aron Govil, Saagar Govil, Raju Panjwani, Sunny Patel and Cemtrex, Inc. |
| Renato Dela Rama and Shamik Shah |
| Matthias Scharf |
| 2:2018cv03992 |
| July 11, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F Bianco |
| Arlene R Lindsay |
| Anne Y Shields |
| Arthur D Spatt |
| 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 May 23, 2019. A more recent docket listing may be available from PACER.
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Filing 32
FINAL ORDER AND JUDGMENT. See document for full detailsOrdered by Judge Joseph F. Bianco on 5/23/2019. (Bollbach, Jean)
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| Filing 31 NOTICE by Kelly Nicole Desmond-Newman [PROPOSED] FINAL ORDER AND JUDGMENT (McKenna, Thomas) |
| Filing 30 Minute Order for proceedings held before Judge Joseph F. Bianco:granting #22 Motion for Attorney Fees; granting #25 Motion for Settlement; Fairness/Cheeks Conference held on 5/22/2019. DECISION: For the reasons states on the record, the settlement and attorney fees are found to be fair and reasonable. The Court grants the motions in their entirety. A written decision will follow (FTR Log #2:04-2:39.) (Bollbach, Jean) |
| Case reassignment to Judge Mauskopf has been removed; Case will remain before Judge Bianco. (McMahon, Carol) |
| Filing 29 Letter by Cemtrex, Inc., Renato Dela Rama, Metodi Filipov, Aron Govil, Saagar Govil, Raju Panjwani, Sunny Patel, Shamik Shah (Attachments: #1 Declaration of Saagar Govil Regarding the Issuance of the Notice of Proposed Settlement, #2 Exhibit 1 - SEC Filing, #3 Exhibit 2 - Notice to Proposed Settlement of Derivative Litigation Press Release, #4 Exhibit 3 - Investor Relations' Webpage) (Miao, Tiffany) |
| Filing 28 NOTICE by Kelly Nicole Desmond-Newman re #21 Order of No Objectors to Settlement (McKenna, Thomas) |
| Filing 27 DECLARATION re #22 MOTION for Attorney Fees ATTORNEYS FEES, SERVICE AWARDS AND REIMBURSEMENT OF CASE EXPENSES, #25 MOTION for Settlement PLAINTIFFS MOTION FOR FINAL APPROVAL OF PROPOSED DERIVATIVE SETTLEMENT by Kelly Nicole Desmond-Newman (McKenna, Thomas) |
| Filing 26 MEMORANDUM in Support re #22 MOTION for Attorney Fees ATTORNEYS FEES, SERVICE AWARDS AND REIMBURSEMENT OF CASE EXPENSES filed by Kelly Nicole Desmond-Newman. (McKenna, Thomas) |
| Filing 25 MOTION for Settlement PLAINTIFFS MOTION FOR FINAL APPROVAL OF PROPOSED DERIVATIVE SETTLEMENT by Kelly Nicole Desmond-Newman. (McKenna, Thomas) |
| Filing 24 DECLARATION re #22 MOTION for Attorney Fees ATTORNEYS FEES, SERVICE AWARDS AND REIMBURSEMENT OF CASE EXPENSES by Kelly Nicole Desmond-Newman (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (McKenna, Thomas) |
| Filing 23 MEMORANDUM in Support re #22 MOTION for Attorney Fees ATTORNEYS FEES, SERVICE AWARDS AND REIMBURSEMENT OF CASE EXPENSES filed by Kelly Nicole Desmond-Newman. (McKenna, Thomas) |
| Filing 22 MOTION for Attorney Fees ATTORNEYS FEES, SERVICE AWARDS AND REIMBURSEMENT OF CASE EXPENSES by Kelly Nicole Desmond-Newman. (McKenna, Thomas) |
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Filing 21
ORDER Re: #20 Preliminary Approving Derivative Settlement and Providing for Notice. NOW THEREFORE, IT IS HEREBY ORDERED: PLEASE SEE ORDER FOR FURTHER DETAILS. So Ordered by Judge Joseph F. Bianco on 1/31/2019. (Ortiz, Grisel)
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| Filing 20 Letter re: Proposed Preliminary Approval of Order by Cemtrex, Inc., Renato Dela Rama, Metodi Filipov, Aron Govil, Saagar Govil, Raju Panjwani, Sunny Patel, Shamik Shah (Attachments: #1 Proposed Order Preliminarily Approving Derivative Settlement and Providing for Notice) (Greene, Douglas) |
| Filing 19 MINUTE ENTRY for proceedings held before Judge Joseph F. Bianco: Civil Cause for Telephone Oral Ruling held on 1/23/2019. APPEARANCES: Timothy Brown, Lawrence Eagel, Melissa Fortunato, Shannon Hopkins, Thomas McKenna, Sebastian Tornatore for Movt/Pltfs; Douglas Greene and Tiffany Miao for Defts. Courtroom Deputy: ELR. Case called. Fairness Hearing set for 5/22/2019 at 1:30 pm. DECISION: Entered. Parties to submit a proposed order.(FTR Log #3:19-3:49.) (FTR Log #3:19-3:49.) (Coleman, Laurie) |
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SCHEDULING ORDER: The Court has received plaintiffs' motion for preliminary approval of proposed derivative settlement. IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court, along with the parties in 2:17-cv-1067-JFB-AYS Cullinan v. Cemtrex, Inc. et al, on Wednesday, January 23, 2019 at 3:00 p.m., at which time the Court shall rule on the pending motions in both cases. Plaintiffs' counsel shall coordinate with counsel in Cullinan v. Cemtrex, Inc. and initiate the call, and once all parties are on the line, contact Chambers at (631) 712-5670. SO ORDERED.Ordered by Judge Joseph F. Bianco on 1/11/2019. (Clarke, Molly)
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| Filing 18 AFFIDAVIT/DECLARATION in Support re #16 MOTION for Settlement PRELIMINARY APPROVAL OF PROPOSED DERIVATIVE SETTLEMENT filed by Kelly Nicole Desmond-Newman. (Attachments: #1 Exhibit Stipulation of Settlement) (McKenna, Thomas) |
| Filing 17 MEMORANDUM in Support re #16 MOTION for Settlement PRELIMINARY APPROVAL OF PROPOSED DERIVATIVE SETTLEMENT filed by Kelly Nicole Desmond-Newman. (McKenna, Thomas) |
| Filing 16 MOTION for Settlement PRELIMINARY APPROVAL OF PROPOSED DERIVATIVE SETTLEMENT by Kelly Nicole Desmond-Newman. (McKenna, Thomas) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Joseph F. Bianco and Magistrate Judge Anne Y. Shields for all further proceedings. Judge Arthur D. Spatt, Magistrate Judge Arlene R. Lindsay no longer assigned to case 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.Ordered by Chief Judge Dora Lizette Irizarry on 12/17/2018. Motions referred to Anne Y. Shields. (Davis, Kimberly)
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| Filing 15 Letter Requesting that Cases be Deemed Related and Transferred to Judge Bianco by Cemtrex, Inc., Renato Dela Rama, Metodi Filipov, Aron Govil, Saagar Govil, Raju Panjwani, Sunny Patel, Shamik Shah (Greene, Douglas) Modified on 12/14/2018 for statistical purposes (Coleman, Laurie). |
| Filing 14 NOTICE of Appearance by Tiffany Anna Miao on behalf of Renato Dela Rama, Shamik Shah (aty to be noticed) (Miao, Tiffany) |
| Filing 13 NOTICE of Appearance by Douglas W Greene on behalf of Renato Dela Rama, Shamik Shah (aty to be noticed) (Greene, Douglas) |
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Filing 12
ORDER granting #11 Motion/Stipulation to Consolidate Cases 2:18-cv-03992-ADS-ARL and 1:18-cv-04596-ADS-ARL. Consistent with this Court's Order dated August 4, 2018 and entered the same date at ECF No. #7 in Civil Action No. 2: 18-cv-03992-ADS-ARL, and pursuant to Fed. R. Civ. P. 42, the above-captioned actions are hereby consolidated for all purposes into Civil Action No. 2: 18-cv-03992-ADS-ARL (the "Consolidated Action"). All related actions that are subsequently filed in, or transferred to, this District shall be consolidated into this Consolidated Action for pretrial purposes. This Order shall apply to every such related action, absent order of the Court. Every pleading filed in this Consolidated Action shall bear the caption further set forth herein. SEE ATTACHED ORDER OF CONSOLIDATION for further details. IT IS SO ORDERED by Judge Arthur D. Spatt on 11/27/2018. (Coleman, Laurie)
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| CASE CONSOLIDATED. (Coleman, Laurie) |
| Filing 11 STIPULATION/MOTION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS by Kelly Nicole Desmond-Newman (McKenna, Thomas) Modified on 11/27/2018 to change event type to motion (Coleman, Laurie). |
| Filing 10 NOTICE of Appearance by Douglas W Greene on behalf of Cemtrex, Inc., Metodi Filipov, Aron Govil, Saagar Govil, Raju Panjwani, Sunny Patel (notification declined or already on case) (Greene, Douglas) |
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ORDER re #9 : The Motion of Douglas W. Greene for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee .. Ordered by Magistrate Judge Arlene R. Lindsay on 9/5/2018. c/ecf (Imrie, Robert)
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| Filing 9 MOTION for Leave to Appear Pro Hac Vice of Douglas Greene Filing fee $ 150, receipt number 0207-10700936. by Cemtrex, Inc., Metodi Filipov, Aron Govil, Saagar Govil, Raju Panjwani, Sunny Patel. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Proposed Order) (Greene, Douglas) |
| Filing 8 Notice of Related Case (Bowens, Priscilla) |
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Filing 7
ORDER granting #6 Motion/Stipulation to Temporarily Stay Case. SEE ATTACHED ORDER for details. SO ORDERED by Judge Arthur D. Spatt on 8/4/2018. (Coleman, Laurie)
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| Filing 6 Joint MOTION to Stay (Stipulation to Temporarily Stay Case) by Cemtrex, Inc., Metodi Filipov, Aron Govil, Saagar Govil, Raju Panjwani, Sunny Patel. (Miao, Tiffany) |
| Filing 5 NOTICE of Appearance by Tiffany Anna Miao on behalf of Cemtrex, Inc., Metodi Filipov, Aron Govil, Saagar Govil, Raju Panjwani, Sunny Patel (aty to be noticed) (Miao, Tiffany) |
| Filing 4 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-03992. (Flanagan, Doreen) |
| 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. (Flanagan, Doreen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Davis, Kimberly) Modified on 7/12/2018 (Flanagan, Doreen). (Additional attachment(s) added on 7/12/2018: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). |
| Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Arlene R. Lindsay. 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. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against Cemtrex, Inc., Metodi Filipov, Aron Govil, Saagar Govil, Raju Panjwani, Sunny Patel filing fee $ 400, receipt number 0207-10576329 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Kelly Nicole Desmond-Newman. (Attachments: #1 Civil Cover Sheet) (McKenna, Thomas) |
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