Clem v. Blankfein et al
| James Clem |
| Lloyd C. Blankfein, Gary D. Cohn, Michael S. Sherwood, Michael J. Evans, Esta E. Stecher, Sarah G. Smith, David A. Viniar, John H. Bryan, James A. Johnson, Ruth J. Simmons, William W. George, Claes Dahlback, Lois D. Juliber, Stephen Friedman, Rajat K. Gupta, Lakshmi N. Mittal and James J. Schiro |
| Teamsters Allied Benefit Funds |
| The Schrank Living Trust |
| The Goldman Sachs Group, Inc. |
| Hal Hubuschman |
| 1:2010cv03578 |
| April 30, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A Crotty |
| Stockholders Suits |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 23
ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. The Court's Order of December 8, 2011 is hereby converted to an order of dismissal with prejudice. 2. All parties shall bear their own costs and fees. (Signed by Judge Paul A. Crotty on 5/9/2012) Filed In Associated Cases: 1:10-cv-03614-PAC et al.(mro)
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Filing 22
NOTICE OF VOLUNTARY DISMISSAL AND ORDER: PLEASE TAKE NOTICE that Plaintiff James Clem, by and through his undersigned counsel, hereby files this Notice of Voluntary Dismissal, pursuant to Fed. R. Ci v. P. 41 (a)(1)(A)(i) dismissing his action without prejudice, subject to Fed. R. Civ. P. 23.1. Dismissal withoutprejudice is proper by notice pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(i) because defendants have not filed an answer or a motion to summary judgment. On 3/25/2011, this Court appointed Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and High Laborers Local 60 Benefit Fund as lead plaintiffs and approved their selection of lead and liaison counsel. Accordingly, in light of the consolidated action seeking derivative relief substantially as sought by plaintiff, currently dismissed without prejudice, subject to possible reinstatement, it is respectfully submitted that no notice is required under Fed. R. Civ. P. 23.1 and that the nominal defendant and its shareholders will not be prejudiced by this dismissal. (Signed by Judge Paul A. Crotty on 1/17/2012) Filed In Associated Cases: 1:10-cv-03614-PAC, 1:10-cv-03578-PAC(ft)
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| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Thomas Amon Document #21 Notice of Voluntary Dismissal, was referred to Judge Paul A. Crotty for approval. (dt) |
| Filing 21 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) All Defendants. Document filed by James Clem. Filed In Associated Cases: 1:10-cv-03614-PAC, 1:10-cv-03578-PAC(Amon, Thomas) Modified on 1/13/2012 (dt). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Thomas G. Amon to RE-FILE Document (37 in 1:10-cv-03614-PAC, 20 in 1:10-cv-03578-PAC) Memorandum of Law in Support of Motion. Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. Filed In Associated Cases: 1:10-cv-03614-PAC, 1:10-cv-03578-PAC(ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Thomas G. Amon to RE-FILE Document (36 in 1:10-cv-03614-PAC, 19 in 1:10-cv-03578-PAC) MOTION to Dismiss Voluntarily Without Prejudice. Use the event type Notice of Voluntary Dismissal found under the event list Notices. Filed In Associated Cases: 1:10-cv-03614-PAC, 1:10-cv-03578-PAC(ldi) |
| Filing 20 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: (19 in 1:10-cv-03578-PAC) MOTION to Dismiss Voluntarily Without Prejudice.. Document filed by James Clem. Filed In Associated Cases: 1:10-cv-03614-PAC, 1:10-cv-03578-PAC(Amon, Thomas) Modified on 1/11/2012 (ldi). |
| Filing 19 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Voluntarily Without Prejudice. Document filed by James Clem.Filed In Associated Cases: 1:10-cv-03614-PAC, 1:10-cv-03578-PAC(Amon, Thomas) Modified on 1/11/2012 (ldi). |
| CALENDAR ENTRY **PTC Cancelled**: In light of the pending motion to dismiss, the status conference scheduled to take place on Wednesday, November 30, 2011 has been marked off the calendar. There is no need to appear. The Court will contact the parties with a date for oral argument after the motion is fully briefed (By: Marlon Ovallles - Courtroom Deputy). (mov) |
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Filing 18
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned parties, subject to the approval of the Court, as follows: 1. On or before November 7, 2011, Defendants shall serve and file a supplemental memorandum in support of the Dismissal Motion that is no more than ten pages in length and is limited to addressing the implications of the Delaware Decision for the Dismissal Motion. 2. Plaintiffs shall serve and file their 30 pages or less opposition to the Dismissal Motion, addressing the issues raised in both Defendants' initial submissions in support of the Dismissal Motion and in the supplemental memorandum, on or before December 15, 2011. 3. Defendants shall serve and file their reply memorandum of 10 pages on or before January 19, 2012. (Responses due by 12/15/2011. Replies due by 1/19/2012.) (Signed by Judge Paul A. Crotty on 10/26/2011) Filed In Associated Cases: 1:10-cv-03614-PAC et al.(rjm) Modified on 10/27/2011 (rjm).
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Filing 17
MEMORANDUM AND ORDER RE: DERIVATIVE ACTIONS: The Clerk of the Court is ORDERED, pursuant to Fed. R. Civ. P. 42(a) to consolidate: 10 Civ. 3476, 10 Civ. 3505, 10 Civ. 3578, 10 Civ. 3614, 10 Civ. 3636, 10 Civ. 3754, 10 Civ. 3794, and 10 Civ. 4217. These actions are consolidated as In re Goldman Sachs Group, Inc. Derivative Litigation, Master File No. 10 Civ. 3614-PAC. After being consolidated, the following cases and any pending motions in these cases shall be terminated: 10 Civ. 3476, 10 Civ. 3505, 10 Civ. 3578, 10 Civ. 3636, 10 Civ. 3754, 10 Civ. 3794, and 10 Civ. 4217. Any pending motions in 10 Civ. 3614 shall also be terminated, but the case shall remain open as it has been designated as the master file number. The Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds motion (document #3 in 10 Civ 3614 PAC) to be designated interim lead plaintiffs in the now consolidated derivative actions is GRANTED. All other pending motions with respect to lead plaintiff and lead counsel are DENIED. The Clerk of Court is further ORDERED to list the following as lead plaintiffs: The Teamsters Allied Benefit Funds' and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds as lead plaintiffs. Their motion (also document # 3 in 10 Civ 3461-PAC) that Saxema White, along with local counsel, Curtis Trinko, are appointed interim class counsel is GRANTED. Lead counsel and local counsel are directed to meet and confer with defendants' counsel to prepare a Civil Case Management Plan with due allowance for time to file an amended derivative complaint and time to answer or otherwise respond with respect to the amended pleading. The parties should address coordination of discovery and case management with the currently pending class actions which have been consolidated in a separate Order (see 10 Civ. 03461-PAC). The parties should submit the agreed upon plan (or any differences which require Court resolution) ten days in advance of the next Civil Case Management Plan, which will be held on Tuesday, May 24,2011, at 4:30 p.m., in Courtroom 20-C. (Signed by Judge Paul A. Crotty on 3/25/2011) Filed In Associated Cases: 1:10-cv-03614-PAC et al.(jpo)
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| CONSOLIDATED MEMBER CASE: Create association to 1:10-cv-03614-PAC. (jpo) |
| Filing 16 REPLY MEMORANDUM OF LAW in Support re: #14 JOINT MOTION to Appoint Counsel and Consolidate Cases. and Response to Defendants' Letter to the Court of November. Document filed by Hal Hubuschman. (Amon, Thomas) |
| Filing 15 MEMORANDUM OF LAW in Opposition re: #14 JOINT MOTION to Appoint Counsel and Consolidate Cases.. Document filed by Teamsters Allied Benefit Funds. (Trinko, Curtis) |
| Filing 14 JOINT MOTION to Appoint Counsel and Consolidate Cases. Document filed by Hal Hubuschman. (Attachments: #1 Declaration of Thomas G. Amon, #2 Exhibit A to Amon Declaration, #3 Exhbit B to Amon Declaration, #4 Exhibit C to Amon Declaration, #5 Exhibit D to Amon Declaration, #6 Exhibit E to Amon Declaration, #7 Memorandum of Law in Support of Joint Motion to Consolidate Cases and to Appoint Lead Counsel Structure, #8 Proposed Order)(Amon, Thomas) |
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Filing 13
ORDER SCHEDULING CONFERENCE: All parties are directed to appear for a Pretrial Conference on 11/4/2010 at 04:00 PM in Courtroom 18B (*NOT 20-C*), 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 10/12/2010) (jar)
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| Filing 12 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel. MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel.. Document filed by Teamsters Allied Benefit Funds. (Trinko, Curtis) |
| Filing 11 MEMORANDUM OF LAW in Opposition re: #6 MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel. MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel.. Document filed by The Schrank Living Trust. (Sporn, Samuel) |
| Filing 10 RESPONSE to Motion re: #6 MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel. MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel.. Document filed by Michael J. Evans, Esta E. Stecher, Sarah G. Smith, David A. Viniar, John H. Bryan, James A. Johnson, Ruth J. Simmons, William W. George, Claes Dahlback, Lois D. Juliber, Stephen Friedman, Rajat K. Gupta, Lakshmi N. Mittal, James J. Schiro, The Goldman Sachs Group, Inc., Lloyd C. Blankfein, Gary D. Cohn, Michael S. Sherwood. (DiBlasi, Gandolfo) |
| Filing 9 MEMORANDUM OF LAW in Opposition re: #6 MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel. MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel.. Document filed by James Clem. (Wise, Harry) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel. MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel.. Document filed by Teamsters Allied Benefit Funds. (Attachments: #1 Exhibit A - Amended Complaint PT1, #2 Exhibit A - PT 2, #3 Exhibit B - Saxena White Firm Resume, #4 Exhibit C - Trinko Firm Resume)(Trinko, Curtis) |
| Filing 6 MOTION to Appoint Teamsters Allied Benefit Funds and Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds to serve as lead plaintiff(s) and approval of their selection of lead and liaison counsel. Document filed by Teamsters Allied Benefit Funds. (Attachments: #1 Text of Proposed Order)(Trinko, Curtis) |
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Filing 5
STIPULATION AND ORDER: The time for Defendants to answer, move against or otherwise respond to the Complaint in this action or any action into which this action is consolidated (including any consolidated amended complaint) is extended until such time as the parties shall agree or the Court may order after the filing of a consolidated amended complaint in this action or any action into which this action is consolidated. The time for Defendants to answer, move against or otherwise respond to the Complaint was previously extended through and including 6/18/2010, by stipulation filed on 5/14/2010. (Signed by Judge William H. Pauley, III on 6/14/2010)- Part I(tro)
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| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Goldman Sachs Group, Inc..(Rein, David) |
| Filing 8 NOTICE OF CASE ASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case. (ldi) (ldi). |
| Magistrate Judge Frank Maas is so designated. (ldi) |
| CASE ACCEPTED AS RELATED. Create association to 1:10-cv-03476-PAC. Notice of Assignment to follow. (ldi) |
| Filing 3 AFFIDAVIT OF SERVICE of Summons & Complaint served on Goldman Sachs Group, Inc. on April 30, 2010. Service was accepted by Joanna M. Lane, Associate-Litigation & Regulatory Proceedings. Document filed by James Clem. (Attachments: #1 Summons, #2 Complaint)(Amon, Thomas) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by James Clem.(ama) |
| Filing 1 COMPLAINT against Michael J. Evans, Esta E. Stecher, Sarah G. Smith, David A. Viniar, John H. Bryan, James A. Johnson, Ruth J. Simmons, William W. George, Claes Dahlback, Lois D. Juliber, Stephen Friedman, Rajat K. Gupta, Lakshmi N. Mittal, James J. Schiro, The Goldman Sachs Group, Inc., Lloyd C. Blankfein, Gary D. Cohn, Michael S. Sherwood. (Filing Fee $ 350.00, Receipt Number 902288)Document filed by James Clem.(ama) |
| SUMMONS ISSUED as to Michael J. Evans, Esta E. Stecher, Sarah G. Smith, David A. Viniar, John H. Bryan, James A. Johnson, Ruth J. Simmons, William W. George, Claes Dahlback, Lois D. Juliber, Stephen Friedman, Rajat K. Gupta, Lakshmi N. Mittal, James J. Schiro, The Goldman Sachs Group, Inc., Lloyd C. Blankfein, Gary D. Cohn, Michael S. Sherwood. (ama) |
| Case Designated ECF. (ama) |
| CASE REFERRED TO Judge Paul G. Gardephe as possibly Related to 1:10-cv-3476. (ama) |
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