Gralnick v. Apple, Inc. Featured Case
Plaintiff: Brian Gralnick
Case Number: 1:2013cv00976
Filed: February 13, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Richard J. Sullivan
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78 m(a) Securities Exchange Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 14, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2013 Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 2/19/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
March 15, 2013 Filing 29 TRANSCRIPT of Proceedings re: ARGUMENT held on 2/19/2013 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/8/2013. Redacted Transcript Deadline set for 4/18/2013. Release of Transcript Restriction set for 6/17/2013.(Rodriguez, Somari)
March 4, 2013 Filing 28 NOTICE OF VOLUNTARY DISMISSAL: As set forth in the parties' joint letter to the Court dated 2/28/2013, attached hereto as an Exhibit, Plaintiff Brian Gralnick voluntarily dismisses this action without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). (Signed by Judge Richard J. Sullivan on 3/4/2013) (tro)
March 4, 2013 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Michael Toomey Document 27 Notice of Voluntary Dismissal, was referred to Judge Richard J. Sullivan for approval. (jno)
March 1, 2013 Filing 27 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) Apple, Inc.. Document filed by Brian Gralnick. (Toomey, Michael) Modified on 3/4/2013 (jno).
February 28, 2013 Opinion or Order Filing 26 ORDER: The Court is in receipt of Plaintiffs' letter, dated February 28 2013, informing the Court that Defendant has withdrawn the proposal at issue in this action. As a result, Plaintiffs intend to voluntary withdraw their Complaints. Accordingly, the Clerk of the Court is respectfully directed to close these cases. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/28/2013) (ama)
February 27, 2013 Opinion or Order Filing 25 ORDER: The parties to each of the above-captioned actions shall submit to the Court no later than Thursday, 2/28/2013 joint letters stating why these actions should not be dismissed for lack of a live case or controversy. (Signed by Judge Richard J. Sullivan on 2/27/2013) (tro)
February 22, 2013 Opinion or Order Filing 24 MEMORANDUM AND ORDER: For the reasons stated above, the Court finds that Greenlight and Gralnick have demonstrated by a clear showing that they have satisfied the elements for a preliminary injunction regarding Proposal No. 2. Accordingly, their motions regarding Proposal No. 2 are GRANTED, and Apple is HEREBY ENJOINED from (1) certifying or accepting proxy votes cast in connection with Proposal No. 2, (2) amending its Articles based on such votes, or (3) proceeding with its shareholder meeting in violation of SEC rules concerning Proposal No. 2. However, the Court finds that Gralnick has not demonstrated by a clear showing that he satisfies the elements for a preliminary injunction regarding Proposal No. 4. Accordingly, his motion regarding Proposal No. 4 is DENIED. Further, pursuant to Federal Rule of Civil Procedure 65(c), a preliminary injunction must be secured by an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. However, Apple does not state an appropriate amount for a bond, nor does it request one. Accordingly, the Court will not order Greenlight and Gralnick to post a bond at this time.Finally, IT IS HEREBY ORDERED THAT, no later than March 1, 2013, the parties shall submit a joint letter outlining the next contemplated steps in this case, as well as a joint proposed case management plan and scheduling order. A template can be found at http://nysd.uscourts.gov/cases/show.php?db=j udge _info&id=34 7. (Signed by Judge Richard J. Sullivan on 02/22/2013) (jcs)
February 21, 2013 Opinion or Order Filing 23 ORDER granting 12 Motion for Luann L. Simmons to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 02/20/2013) (jcs)
February 21, 2013 Opinion or Order Filing 22 ORDER granting 11 Motion for George A. Riley to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 02/20/2013) (jcs)
February 19, 2013 Minute Entry for proceedings held before Judge Richard J. Sullivan: Oral Argument held on 2/19/2013. (ft)
February 19, 2013 Filing 21 NOTICE OF CASE ASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (pgu)
February 19, 2013 Magistrate Judge Kevin Nathaniel Fox is so designated. (pgu)
February 19, 2013 CASE ACCEPTED AS RELATED. Create association to 1:13-cv-00900-RJS. Notice of Assignment to follow. (pgu)
February 15, 2013 Filing 20 MEMORANDUM OF LAW in Support re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Brian Gralnick. (Toomey, Michael)
February 15, 2013 Filing 19 DECLARATION of Mark Marcus in Support re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Brian Gralnick. (Toomey, Michael)
February 15, 2013 Filing 18 DECLARATION of A. Arnold Gershon in Support re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Brian Gralnick. (Attachments: # 1 Exhibit 1)(Toomey, Michael)
February 15, 2013 Filing 17 NOTICE OF APPEARANCE by Jeffrey Alan Barrack on behalf of Brian Gralnick (Barrack, Jeffrey)
February 15, 2013 Filing 16 DECLARATION of A. Arnold Gershon re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Brian Gralnick. (Toomey, Michael)
February 15, 2013 Filing 15 DECLARATION of A. Arnold Gershon in Support re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Brian Gralnick. (Attachments: # 1 Exhibit 1 (Part A), # 2 Exhibit 1 (Part B), # 3 Exhibit 1 (Part C), # 4 Exhibit 2)(Toomey, Michael)
February 15, 2013 Filing 14 MEMORANDUM OF LAW in Support re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Brian Gralnick. (Toomey, Michael)
February 15, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for George A. Riley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8236578. Motion and supporting papers to be reviewed by Clerk's Office staff., 12 MOTION for Luann L. Simmons to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8236579. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 14, 2013 Filing 12 MOTION for Luann L. Simmons to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8236579. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit Declaration of Andrew J. Frackman, # 2 Exhibit A to Frackman Declaration, # 3 Exhibit B to Frackman Declaration, # 4 Text of Proposed Order)(Frackman, Andrew)
February 14, 2013 Filing 11 MOTION for George A. Riley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8236578. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit Declaration of Andrew J. Frackman, # 2 Exhibit A to Frackman Declaration, # 3 Exhibit B to Frackman Declaration, # 4 Text of Proposed Order)(Frackman, Andrew)
February 14, 2013 Filing 10 DECLARATION of Shiva Eftekhari in Opposition re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H Part 1 - Rudzin Declaration, # 9 Exhibit H Part 2 - A-B, # 10 Exhibit H Part 3 - C-D, # 11 Exhibit H Part 4 - E-F, # 12 Exhibit H Part 5 - G-H, # 13 Exhibit H Part 6 - I-J, # 14 Exhibit H Part 7 - K-M, # 15 Exhibit H Part 8 - N-O, # 16 Exhibit H Part 9 - P, # 17 Exhibit H Part 10 - Q-R)(Frackman, Andrew)
February 14, 2013 Filing 9 DECLARATION of Professor Kevin J. Murphy in Opposition re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Apple, Inc.. (Frackman, Andrew)
February 14, 2013 Filing 8 DECLARATION of Abby F. Rudzin in Opposition re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Frackman, Andrew)
February 14, 2013 Filing 7 MEMORANDUM OF LAW in Opposition re: 2 Order, Set Deadlines, Set Hearings,,,,,,. Document filed by Apple, Inc.. (Frackman, Andrew)
February 14, 2013 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple, Inc..(Frackman, Andrew)
February 14, 2013 Filing 5 NOTICE OF APPEARANCE by Andrew Jay Frackman on behalf of Apple, Inc. (Frackman, Andrew)
February 14, 2013 Filing 4 NOTICE OF APPEARANCE by Abby Faith Rudzin on behalf of Apple, Inc. (Rudzin, Abby)
February 14, 2013 Filing 3 CERTIFICATE OF SERVICE. Apple, Inc. served on 2/14/2013, answer due 3/7/2013. Service was accepted by Elena Bou, Specialist. Document filed by Brian Gralnick. (Toomey, Michael)
February 14, 2013 Opinion or Order Filing 2 ORDER: Accordingly, IT IS HEREBY ORDERED THAT Defendant shall respond by February 14, 2013, and Plaintiff shall reply no later than February 15, 2012. IT IS FURTHER ORDERED THAT the parties shall appear for oral argument on Plaintiffs application on Tuesday, February 19, 2013 at 2:30 p.m. in Courtroom 21C of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York ( Responses due by 2/14/2013, Replies due by 2/15/2013.), ( Oral Argument set for 2/19/2013 at 02:30 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 2/14/2013) (js)
February 13, 2013 Opinion or Order Filing 13 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) (laq)
February 13, 2013 Filing 1 COMPLAINT against Apple, Inc. (Filing Fee $ 350.00, Receipt Number 1059846)Document filed by Brian Gralnick.(laq) (jd).
February 13, 2013 SUMMONS ISSUED as to Apple, Inc. (laq)
February 13, 2013 Case Designated ECF. (laq)
February 13, 2013 CASE REFERRED TO Judge Richard J. Sullivan as possibly related to 1:13-cv-900. (laq)

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Plaintiff: Brian Gralnick
Represented By: William J. Ban
Represented By: Jeffrey Alan Barrack
Represented By: A. Arnold Gershon
Represented By: Michael Arthur Toomey
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