Hicks et al v. Facebook Inc. et al Featured Case
Plaintiff: Kevin Hicks and Linh Luu
Defendant: Facebook Inc. and Morgan Stanley & Co. LLC
Case Number: 1:2012cv07552
Filed: October 12, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Robert W. Sweet
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 12, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2012 Opinion or Order Filing 36 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
October 12, 2012 Filing 35 MDL TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 3:12-cv-03353. Original file certified copy of transfer order and docket entries received. (sjo)
October 12, 2012 CASE ACCEPTED AS RELATED. Create association to 1:12-md-02389-RWS. (sjo)
October 12, 2012 CONSOLIDATED MDL CASE: Create association to 1:12-md-02389-RWS. (sjo)
October 12, 2012 Magistrate Judge Gabriel W. Gorenstein is so designated. (sjo)
October 12, 2012 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
October 12, 2012 Case Designated ECF. (sjo)
October 9, 2012 Opinion or Order Filing 34 ORDER TRANSFERRING CASE to the United States District Court for the Southern District of New York. IN RE: FACEBOOK, INC., IPO SECURITIES AND DERIVATIVE LITIGATION. MDL No. 2389. Signed by John H. Heyburn, II; Chairman of the Panel on 10/4/12. (aaa, COURT STAFF) (Filed on 10/9/2012) [Transferred from California Northern on 10/12/2012.]
October 9, 2012 The United States District Court for the Southern District of New York shall receive the contact information from this Court via e-mail/telephone transfer. Re 34 Order (aaa, COURT STAFF) (Filed on 10/9/2012) [Transferred from California Northern on 10/12/2012.]
August 23, 2012 Opinion or Order Filing 33 ORDER DENYING DEFENDANTS' MOTION FOR STAY OF PROCEEDINGS; DENYING PLAINTIFFS' MOTION TO REMAND. Signed by Judge Maxine M. Chesney on August 23, 2012. (mmclc1, COURT STAFF) (Filed on 8/23/2012) [Transferred from California Northern on 10/12/2012.]
August 14, 2012 Opinion or Order Filing 32 RELATED CASE ORDER. Southward v. Zuckerberg, C 12-4144, is related to Spatz v. Facebook, C 12-2662. Signed by Judge Maxine M. Chesney on August 14, 2012. (mmclc1, COURT STAFF) (Filed on 8/14/2012) [Transferred from California Northern on 10/12/2012.]
August 8, 2012 Filing 31 NOTICE by Facebook Inc. Notice of Hearing in United States Judicial Panel on Multidistrict Litigation and Certificate of Service (Attachments: # 1 Exhibit A)(Basile, James) (Filed on 8/8/2012) [Transferred from California Northern on 10/12/2012.]
August 8, 2012 Opinion or Order Filing 30 CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 10/19/2012. Case Management Conference set for 10/26/2012 10:30 AM in Courtroom 7, 19th Floor, San Francisco.. Signed by Judge Maxine M. Chesney on 8/8/12. (Attachments: # 1 Standing Order of Judge Maxine M. Chesney)(tlS, COURT STAFF) (Filed on 8/8/2012) [Transferred from California Northern on 10/12/2012.]
July 26, 2012 Opinion or Order Filing 29 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY ANDREW DITCHFIELD PRO HAC VICE. Signed by Judge Maxine M. Chesney on July 26, 2012. (mmclc1, COURT STAFF) (Filed on 7/26/2012) [Transferred from California Northern on 10/12/2012.]
July 26, 2012 Opinion or Order Filing 28 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY CHARLES S. DUGGAN PRO HAC VICE. Signed by Judge Maxine M. Chesney on July 26, 2012. (mmclc1, COURT STAFF) (Filed on 7/26/2012) [Transferred from California Northern on 10/12/2012.]
July 24, 2012 Opinion or Order Filing 27 ORDER. The Court's ruling and/or disposition of the pending remand and stay motions in the Lazar Actions shall be dispositive of the pending remand and stay motions in the Hicks Action. There shall be no briefing of the remand and stay actions in the Hicks Action. The August 24, 2012 hearing on the motion to remand and the remand to stay is vacated. Signed by Judge Maxine M. Chesney on July 24, 2012. (mmclc1, COURT STAFF) (Filed on 7/24/2012) [Transferred from California Northern on 10/12/2012.]
July 20, 2012 Opinion or Order Filing 26 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY RICHARD D. BERNSTEIN PRO HAC VICE. Signed by Judge Maxine M. Chesney on July 20, 2012. (mmclc1, COURT STAFF) (Filed on 7/20/2012) [Transferred from California Northern on 10/12/2012.]
July 19, 2012 Filing 25 STIPULATION WITH PROPOSED ORDER filed by Kevin Hicks, Linh Luu. (Hatami Fard, Kuscha) (Filed on 7/19/2012) [Transferred from California Northern on 10/12/2012.]
July 19, 2012 Filing 24 MOTION to Remand filed by Kevin Hicks, Linh Luu. Motion Hearing set for 8/24/2012 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 8/2/2012. Replies due by 8/9/2012. (Attachments: # 1 Proposed Order)(Hatami Fard, Kuscha) (Filed on 7/19/2012) [Transferred from California Northern on 10/12/2012.]
July 19, 2012 Filing 23 Amended MOTION to Stay re 10 MOTION to Stay Motion for Stay of Proceedings Pending Decision on Transfer by the Judicial Panel on Multidistrict Litigation, 11 Declaration in Support, filed by Facebook Inc., Morgan Stanley & Co. LLC. Motion Hearing set for 8/24/2012 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 8/2/2012. Replies due by 8/9/2012. (Basile, James) (Filed on 7/19/2012) [Transferred from California Northern on 10/12/2012.]
July 19, 2012 Filing 22 MOTION for leave to appear in Pro Hac Vice (Andrew Ditchfield) ( Filing fee $ 305, receipt number 0971-6983656.) filed by Morgan Stanley & Co. LLC. (Attachments: # 1 Proposed Order)(Potischman, Neal) (Filed on 7/19/2012) [Transferred from California Northern on 10/12/2012.]
July 19, 2012 Filing 21 MOTION for leave to appear in Pro Hac Vice (Charles S. Duggan) ( Filing fee $ 305, receipt number 0971-6983428.) filed by Morgan Stanley & Co. LLC. (Attachments: # 1 Proposed Order)(Potischman, Neal) (Filed on 7/19/2012) [Transferred from California Northern on 10/12/2012.]
July 19, 2012 Opinion or Order Filing 20 RELATED CASE ORDER. The following cases are related to Spatz, et al., v. Facebook, Inc., et al., C 12-2662 MMC: (1) Chi v Zuckerberg, et al., C 12-3498 MEJ; and (2) Levy v. Facebook, Inc., et al., C 12-3642 PJH. Signed by Judge Maxine M. Chesney on July 19, 2012. (mmclc1, COURT STAFF) (Filed on 7/19/2012) [Transferred from California Northern on 10/12/2012.]
July 16, 2012 Opinion or Order Filing 19 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY JAMES P. ROUHANDEH PRO HAC VICE. Signed by Judge Maxine M. Chesney on July 16, 2012. (mmclc1, COURT STAFF) (Filed on 7/16/2012) [Transferred from California Northern on 10/12/2012.]
July 16, 2012 *** Attorney James P. Rouhandeh for Morgan Stanley & Co. LLC added. Re 19 Order (aaa, COURT STAFF) (Filed on 7/16/2012) [Transferred from California Northern on 10/12/2012.]
July 11, 2012 Filing 18 MOTION for leave to appear in Pro Hac Vice for James P. Rouhandeh ( Filing fee $ 305, receipt number 0971-6961800.) filed by Morgan Stanley & Co. LLC. (Attachments: # 1 Proposed Order)(Potischman, Neal) (Filed on 7/11/2012) [Transferred from California Northern on 10/12/2012.]
July 11, 2012 Filing 17 Certificate of Interested Entities by Morgan Stanley & Co. LLC identifying Corporate Parent Mitsubishi UFJ Financial Group, Inc., Corporate Parent Morgan Stanley Capital Management, LLC, Corporate Parent Morgan Stanley Domestic Holdings, Inc., Corporate Parent Morgan Stanley for Morgan Stanley & Co. LLC. (Potischman, Neal) (Filed on 7/11/2012) [Transferred from California Northern on 10/12/2012.]
July 11, 2012 Filing 16 Statement (Rule 7.1 Disclosure Statement) by Morgan Stanley & Co. LLC. (Potischman, Neal) (Filed on 7/11/2012) [Transferred from California Northern on 10/12/2012.]
July 11, 2012 Case reassigned to Hon. Maxine M. Chesney. Hon. Richard Seeborg no longer assigned to the case. (ha, COURT STAFF) (Filed on 7/11/2012) [Transferred from California Northern on 10/12/2012.]
July 10, 2012 Opinion or Order Filing 15 RELATED CASE ORDER. The following cases are related to Spatz, et al., v. Facebook, Inc., et al., C 12-2662 MMC: (1) Ahrendtsen, et al. v. Facebook, Inc., et al., C 12-3212 CRB;(2) Hicks, et al. v. Facebook, Inc., et al., C 12-3353 RS; (3) Hubuschman v. Zuckerberg, et al., C 12-3366 LHK; (4) Cole v. Zuckerberg, et al., C 12-3367 PJH; and (5) Nelson v. Facebook, Inc., et al., C 12-3418 YGR. Signed by Judge Maxine M. Chesney on July 10, 2012. (mmclc1, COURT STAFF) (Filed on 7/10/2012) [Transferred from California Northern on 10/12/2012.]
July 10, 2012 Filing 14 MOTION for leave to appear in Pro Hac Vice Richard D. Bernstein ( Filing fee $ 305, receipt number 0971-6955231.) filed by Facebook Inc.. (Attachments: # 1 Proposed Order)(Basile, James) (Filed on 7/10/2012) [Transferred from California Northern on 10/12/2012.]
July 9, 2012 Opinion or Order Filing 13 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY ANDREW B. CLUBOK PRO HAC VICE. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 7/9/2012) [Transferred from California Northern on 10/12/2012.]
July 9, 2012 Opinion or Order Filing 12 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY BRANT W. BISHOP PRO HAC VICE. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 7/9/2012) [Transferred from California Northern on 10/12/2012.]
July 6, 2012 Filing 11 Declaration of James F. Basile in Support of 10 MOTION to Stay Motion for Stay of Proceedings Pending Decision on Transfer by the Judicial Panel on Multidistrict Litigation filed byFacebook Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 10 ) (Basile, James) (Filed on 7/6/2012) [Transferred from California Northern on 10/12/2012.]
July 6, 2012 Filing 10 MOTION to Stay Motion for Stay of Proceedings Pending Decision on Transfer by the Judicial Panel on Multidistrict Litigation filed by Facebook Inc.. Motion Hearing set for 8/16/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 7/20/2012. Replies due by 7/27/2012. (Attachments: # 1 Proposed Order)(Basile, James) (Filed on 7/6/2012) [Transferred from California Northern on 10/12/2012.]
July 5, 2012 Filing 9 STIPULATION Extending Time for Defendants to Respond to Complaint filed by Facebook Inc.. (Basile, James) (Filed on 7/5/2012) [Transferred from California Northern on 10/12/2012.]
July 2, 2012 Filing 8 CERTIFICATE OF SERVICE by Facebook Inc. (Basile, James) (Filed on 7/2/2012) [Transferred from California Northern on 10/12/2012.]
July 2, 2012 Filing 7 MOTION for leave to appear in Pro Hac Vice Andrew Clubok ( Filing fee $ 305, receipt number 0971-6937291.) filed by Facebook Inc.. (Attachments: # 1 Proposed Order)(Basile, James) (Filed on 7/2/2012) [Transferred from California Northern on 10/12/2012.]
July 2, 2012 Filing 6 MOTION for leave to appear in Pro Hac Vice Brant Bishop ( Filing fee $ 305, receipt number 0971-6937236.) filed by Facebook Inc.. (Attachments: # 1 Proposed Order)(Basile, James) (Filed on 7/2/2012) [Transferred from California Northern on 10/12/2012.]
June 28, 2012 Filing 5 ADR SCHEDULING ORDER: Case Management Statement due by 9/20/2012. Case Management Conference set for 9/27/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 6/28/2012) [Transferred from California Northern on 10/12/2012.]
June 28, 2012 Filing 4 Certificate of Interested Entities or Persons by Facebook Inc. (slh, COURT STAFF) (Filed on 6/28/2012) [Transferred from California Northern on 10/12/2012.]
June 28, 2012 Filing 3 Rule 7.1 Disclosure Statement by Facebook Inc. (slh, COURT STAFF) (Filed on 6/28/2012) [Transferred from California Northern on 10/12/2012.]
June 28, 2012 Filing 2 NOTICE of Appearance by James Francis Basile, Elizabeth L. Deeley. (slh, COURT STAFF) (Filed on 6/28/2012) [Transferred from California Northern on 10/12/2012.]
June 28, 2012 Filing 1 NOTICE OF REMOVAL (no process) from San Mateo County Superior Court. Their case number is CIV 514772. (Filing fee $350; receipt number 34611075757). Filed by Facebook Inc. (Attachments: # 1 Civil Cover Sheet)(slh, COURT STAFF) (Filed on 6/28/2012) [Transferred from California Northern on 10/12/2012.]

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Plaintiff: Kevin Hicks
Represented By: Raj Vasant Abhyanker
Represented By: Kuscha Hatami Fard
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Plaintiff: Linh Luu
Represented By: Raj Vasant Abhyanker
Represented By: Kuscha Hatami Fard
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Defendant: Facebook Inc.
Represented By: James Francis Basile
Represented By: Richard D. Bernstein
Represented By: Brant Warren Bishop
Represented By: Andrew Brian Clubok
Represented By: Elizabeth L. Deeley
Represented By: Susan Elisabeth Engel
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Defendant: Morgan Stanley & Co. LLC
Represented By: Brant Warren Bishop
Represented By: Andrew Brian Clubok
Represented By: Andrew Ditchfield
Represented By: Charles S. Duggan
Represented By: Neal Alan Potischman
Represented By: James P. Rouhandeh
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