Paul v. Fairway Group Holdings Corp. et al
| Bruce H. Paul |
| Farid Suleman, William Blair & Company, L.L.C., Credit Suisse Securities (USA) L.L.C., Herbert Ruetsch, Morgan Joseph Triartisan L.L.C., Edward Arditte, BB&T Capital Markets, Howard Glickberg, Stephen Key, Fairway Group Holdings Corp., Michael Barr, Oppenheimer & Co. Inc, Wolfe Trahan Securities, Guggenheim Securities, L.L.C., William Selden, Opeenheimer & Co., Inc., Jefferies L.L.C., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Wolfe Research Securities f/k/a Wolfe Trahan Securities, Charles W. Santoro and Linda M. Siluk |
| 1:2014cv01015 |
| February 18, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lewis A Kaplan |
| Andrew J Peck |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Plaintiff |
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This docket was last retrieved on September 10, 2015. A more recent docket listing may be available from PACER.
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Filing 35
CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated September 9, 2015, the motions of (1) the Underwriter Defendants to dismiss counts III and IV of the second amended class action complaint [DI 87], and (2) the Fairway Defendants and the Sterling Defendants motion to dismiss the second amended complaint [DI 88] are granted as recommended by Magistrate Judge Andrew J. Peck in a report and recommendation dated August 19, 2015, to which no objections have been filed; accordingly, the consolidated case and those cases consolidated therein (14-cv-1015, 14-cv-1786) are closed. (Signed by Clerk of Court Ruby Krajick on 9/10/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
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Filing 34
ORDER APPOINTING THE JACKSONVILLE POLICE & FIRE PENSION FUND AS LEAD PLAINTIFF, APPROVING ITS SELECTION OF LEAD COUNSEL, AND CONSOLIDATING ALL RELATED ACTIONS: It is hereby ORDERED that: 1. Jacksonville P&F's Motion [DI 26] is GRANTED. 2. Jacksonville P&F is APPOINTED to serve as Lead Plaintiff in the above-captioned actions and all related actions consolidated pursuant to paragraph 4 of this Order. 3. Jacksonville P&F's selection of Lead Counsel is APPROVED, and Bernstein Litowitz Berger & Grossman LLP is APPOINTED as Lead Counsel for Class. 4. Pursuant to Rule 42(a) of the Fed. R. Civ. P., any pending, subsequently filed, removed, or transferred actions that are related to the claims asserted in the above-captioned actions are CONSOLIDATED for all purposes. 5. The consolidated action shall be captioned "In re Fairway Group Holdings Corp. Securities Litigation" and the file shall be maintained under Master File No. 14-cv-0950-LAK. 6. All other motions for secular relief -- DI 8, 14, 17, 20, 23 and 29 -- are denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/3/2014) (ajs)
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Filing 33
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Lewis A. Kaplan on 6/3/2014) (cd)
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| CONSOLIDATED MEMBER CASE: Create association to 1:14-cv-00950-LAK-AJP. (ajs) |
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Filing 32
ORDER: In accordance with Section 1 of the Standing Order in In re Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York, the undersigned hereby determines that these three cases shall NOT be designated for inclusion in the project. (Signed by Judge Lewis A. Kaplan on 4/22/2014) (cd)
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| NOTICE OF CASE ASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Andrew J. Peck is so designated. (pgu) |
| CASE ACCEPTED AS RELATED. Create association to 1:14-cv-00950-LAK. Notice of Assignment to follow. (pgu) |
| Filing 30 NOTICE OF CHANGE OF ADDRESS by Matthew Minerva on behalf of BB&T Capital Markets, Credit Suisse Securities (USA) L.L.C., Guggenheim Securities, L.L.C., Jefferies L.L.C., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Joseph Triartisan L.L.C., Oppenheimer & Co. Inc, William Blair & Company, L.L.C., Wolfe Research Securities f/k/a Wolfe Trahan Securities. New Address: Bingham McCutchen LLP, 399 Park Avenue, New York, NY, USA 10022, 212-705-7000. (Minerva, Matthew) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wolfe Research Securities f/k/a Wolfe Trahan Securities.(Smith, Jeffrey) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BB&T Securities LLC, Corporate Parent BB&T Corporation for BB&T Capital Markets. Document filed by BB&T Capital Markets.(Smith, Jeffrey) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WBC Holdings, LP for William Blair & Company, L.L.C.. Document filed by William Blair & Company, L.L.C..(Smith, Jeffrey) |
| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Oppenheimer Holdings, Inc. for Oppenheimer & Co. Inc. Document filed by Oppenheimer & Co. Inc.(Smith, Jeffrey) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Joseph TriArtisan Group Inc. for Morgan Joseph Triartisan L.L.C.. Document filed by Morgan Joseph Triartisan L.L.C..(Smith, Jeffrey) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Guggenheim Capital, LLC, Corporate Parent Guggenheim Partners, LLC, Corporate Parent Links Holdings, LLC, Corporate Parent Guggenheim Manager, Inc. for Guggenheim Securities, L.L.C.. Document filed by Guggenheim Securities, L.L.C..(Smith, Jeffrey) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Jefferies Group LLC,, Corporate Parent Limestone Merger Sub, LLC,, Corporate Parent Leucadia National Corporation for Jefferies L.L.C.. Document filed by Jefferies L.L.C..(Smith, Jeffrey) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Suisse Group AG, Corporate Parent Credit Suisse Group AG, Corporate Parent Credit Suisse AG, Corporate Parent Credit Suisse Holdings (USA), Inc., Corporate Parent Credit Suisse (USA), Inc. for Credit Suisse Securities (USA) L.L.C.. Document filed by Credit Suisse Securities (USA) L.L.C..(Smith, Jeffrey) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation for Merrill Lynch, Pierce, Fenner & Smith Incorporated. Document filed by Merrill Lynch, Pierce, Fenner & Smith Incorporated.(Smith, Jeffrey) |
| Filing 20 NOTICE OF APPEARANCE by Matthew Minerva on behalf of BB&T Capital Markets, Credit Suisse Securities (USA) L.L.C., Guggenheim Securities, L.L.C., Jefferies L.L.C., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Joseph Triartisan L.L.C., Oppenheimer & Co. Inc, William Blair & Company, L.L.C., Wolfe Research Securities f/k/a Wolfe Trahan Securities. (Minerva, Matthew) |
| Filing 19 NOTICE OF APPEARANCE by Susan F. DiCicco on behalf of BB&T Capital Markets, Credit Suisse Securities (USA) L.L.C., Guggenheim Securities, L.L.C., Jefferies L.L.C., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Joseph Triartisan L.L.C., Oppenheimer & Co. Inc, William Blair & Company, L.L.C., Wolfe Research Securities f/k/a Wolfe Trahan Securities. (DiCicco, Susan) |
| Filing 18 NOTICE OF APPEARANCE by Jeffrey Q. Smith on behalf of BB&T Capital Markets, Credit Suisse Securities (USA) L.L.C., Guggenheim Securities, L.L.C., Jefferies L.L.C., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Joseph Triartisan L.L.C., William Blair & Company, L.L.C., Wolfe Trahan Securities, Oppenheimer & Co. Inc. (Smith, Jeffrey) |
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Filing 31
STIPULATION AND ORDER: Counsel for Defendants agree to accept service on behalf of any Defendants that have not been served. On or before 30 days after the entry of an order appointing lead plaintiff and lead counsel for the putative class, lead plaintiff shall file a consolidated amended complaint or designate a pending plaint as the operative pleading. Defendants' time to answer, move, or otherwise respond to the complain in the above-captioned action is extended to 30 days after the Court appoint lead plaintiff and lead counsel. In the event Defendants move to dismiss the complaint, any opposition(s) thereto shall be filed on or before 30 days after the deadline to file a motion to dismiss, and Defendants' reply in further support of their motion to dismiss shall be filed on or before 14 days after the deadline to file any opposition(s). IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/24/2014) (ajs) Modified on 4/9/2014 (ajs).
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| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fairway Group Holdings Corp..(Allerhand, Joseph) |
| Filing 16 NOTICE OF APPEARANCE by Stacy Nettleton on behalf of Edward Arditte, Michael Barr, Fairway Group Holdings Corp., Howard Glickberg, Stephen Key, Herbert Ruetsch, Charles W. Santoro, William Selden, Linda M. Siluk, Farid Suleman. (Nettleton, Stacy) |
| Filing 15 NOTICE OF APPEARANCE by Joseph S. Allerhand on behalf of Edward Arditte, Michael Barr, Fairway Group Holdings Corp., Howard Glickberg, Stephen Key, Herbert Ruetsch, Charles W. Santoro, William Selden, Linda M. Siluk, Farid Suleman. (Allerhand, Joseph) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Farid Suleman served on 2/26/2014, answer due 3/19/2014. Service was accepted by Shamilla Ali, Executive Legal Assistant. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Linda M. Siluk served on 2/26/2014, answer due 3/19/2014. Service was accepted by Shamilla Ali, Executive Legal Assistant. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. William Selden served on 2/26/2014, answer due 3/19/2014. Service was accepted by Shamilla Ali, Executive Legal Assistant. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Charles W. Santoro served on 2/26/2014, answer due 3/19/2014. Service was accepted by Shamilla Ali, Executive Legal Assistant. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Herbert Ruetsch served on 2/26/2014, answer due 3/19/2014. Service was accepted by Shamilla Ali, Executive Legal Assistant. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Stephen Key served on 2/26/2014, answer due 3/19/2014. Service was accepted by Shamilla Ali, Executive Legal Assistant. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Howard Glickberg served on 2/26/2014, answer due 3/19/2014. Service was accepted by Shamilla Ali, Executive Legal Assistant. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Michael Barr served on 2/26/2014, answer due 3/19/2014. Service was accepted by Shamilla Ali, Executive Legal Assistant. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Edward Arditte served on 2/26/2014, answer due 3/19/2014. Service was accepted by Shamilla Ali, Executive Legal Assistant. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Fairway Group Holdings Corp. served on 2/25/2014, answer due 3/18/2014. Service was accepted by Susan Rhea, Person authorized to accept service. Document filed by Bruce H. Paul. (Rosenfeld, David) |
| CASE REFERRED TO Judge Lewis A. Kaplan as possibly related to 14-cv-950. (js) |
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Filing 4
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)
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| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14cv950. Document filed by Bruce H. Paul.(laq) |
| Filing 2 CIVIL COVER SHEET filed. (laq) |
| Filing 1 COMPLAINT against Edward Arditte, BB&T Capital Markets, Michael Barr, Credit Suisse Securities (USA) L.L.C., Fairway Group Holdings Corp., Howard Glickberg, Guggenheim Securities, L.L.C., Jefferies L.L.C., Stephen Key, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Joseph Triartisan L.L.C., Opeenheimer & Co., Inc., Herbert Ruetsch, Charles W. Santoro, William Selden, Linda M. Siluk, Farid Suleman, William Blair & Company, L.L.C., Wolfe Trahan Securities. (Filing Fee $ 350.00, Receipt Number 1087890)Document filed by Bruce H. Paul.(laq) |
| SUMMONS ISSUED as to Edward Arditte, BB&T Capital Markets, Michael Barr, Credit Suisse Securities (USA) L.L.C., Fairway Group Holdings Corp., Howard Glickberg, Guggenheim Securities, L.L.C., Jefferies L.L.C., Stephen Key, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Joseph Triartisan L.L.C., Opeenheimer & Co., Inc., Herbert Ruetsch, Charles W. Santoro, William Selden, Linda M. Siluk, Farid Suleman, William Blair & Company, L.L.C., Wolfe Trahan Securities. (laq) |
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