Stoopler v. Direxion Shares ETF Trust et al
| Evan Stoopler |
| Direxion Shares ETF Trust, Daniel O'Neill, Todd Kellerman, Daniel J. Byrne, Gerald E. Shanley, III, John Weisser and Rafferty Asset Management, LLC |
| 1:2009cv08011 |
| September 18, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J. Holwell |
| Plaintiff |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
94
MEMORANDUM OPINION AND ORDER; For the aforementioned reasons, defendants' motion to dismiss the third consolidated amended complaint is DENIED. This action is proceeding as a purported class action of purchasers in FAZ and ERY.The PSLRA stay of discovery is lifted. The parties are directed to appear for an initial pretrial conference on March 16, 2012, at 1:00 p.m. The parties should comply with all of Judge Forrest's Individual Practices for initial pretrial conferences.The Clerk of the Court is directed to terminate defendants' motion to dismiss the TAC (Dkt. No. 89). (Signed by Judge Katherine B. Forrest on 3-6-2012) (jp)
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Filing
85
OPINION & ORDER: The Clerk of the Court is directed to terminate defendants' Motion to Dismiss (Dkt. No. 62) and Barton Booth's Motion to Intervene (Dkt. No. 70). (Signed by Judge Katherine B. Forrest on 1/27/2012) (rdz)
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Filing
44
CORRECTED MEMORANDUM OPINION AND ORDER: For these reasons, above-captioned actions are consolidated for pre-trial purposes. The caption of the Consolidated Action shall be "In re Direxion Shares ETF Trust." All relevant documents and submis sions shall be maintained as one file under Master File No. 09-cv-08011(RJH). The Clerk of the Court is directed to close the following four docket entries: 09cv08375, 09cv8459, 10cv00271 and 10cv01273. The parties are directed to submit a joint stip ulation concerning the filing of any consolidated amended complaint and a proposed case management plan within thirty (30) days of this Order. Evan Stoopler is hereby appointed as lead plaintiff, and Fedennan & Shenvood is appointed as lead counsel. to represent holders of the FAZ Fund. Howard Schwack and William Lee are appointed as co-lead plaintiffs, and Wolf Haldenstein Adler Freeman & Herz LLP and Gilman and Pastor LLP are appointed as co-lead counsel, to represent holders of the ERY Fund. The Court reserves the right to modify this lead plaintiff structure in the event that it becomes unmanageable. The Clerk of the Court is directed to terminate all pending motions in the five above-captioned actions. (Signed by Judge Richard J. Holwell on 8/12/2010) Filed In Associated Cases: 1:09-cv-08011-RJH, 1:09-cv-08375-RJH, 1:09-cv-08459-RJH, 1:10-cv-00271-RJH, 1:10-cv-01273-RJH(jmi)
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Filing
43
MEMORANDUM OPINION AND ORDER: For these reasons, above-captioned actions are consolidated for pre-trial purposes. The caption of the Consolidated Action shall be "In re Direxion Shares ETF Trust." All relevant documents and submissions sha ll be maintained as one file under Master File No. 09-cv-08011(RJH). The Clerk of the Court is directed to close the following four docket entries: 09cv08375, 09cv8459, 10cv00271 and 10cv00273. The parties are directed to submit a joint stipulation c oncerning the filing of any consolidated amended complaint and a proposed case management plan within thirty (30) days of this Order. Evan Stoopler is hereby appointed as lead plaintiff, and Fedennan & Shenvood is appointed as lead counsel. to repre sent holders of the FAZ Fund. Howard Schwack and William Lee are appointed as co-lead plaintiffs, and Wolf Haldenstein Adler Freeman & Herz LLP and Gilman and Pastor LLP are appointed as co-lead counsel, to represent holders of the ERY Fund. The Cour t reserves the right to modify this lead plaintiff structure in the event that it becomes unmanageable. The Clerk of the Court is directed to terminate all pending motions in the five above-captioned actions. (Signed by Judge Richard J. Holwell on 8/12/2010) Filed In Associated Cases: 1:09-cv-08011-RJH, 1:09-cv-08375-RJH, 1:09-cv-08459-RJH, 1:10-cv-00271-RJH, 1:10-cv-00273-SHS(jpo)
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