Kux-Kardos v. Vimpelcom, Ltd. et al
Plaintiff: Charles Kux-Kardos
Defendant: Vimpelcom, Ltd., Jean-Yves Charlier, Jo Lunder, Alexander Izosimov, Andrew Davies and Cornelis Hendrik Van Dalen
Case Number: 1:2015cv08672
Filed: November 4, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of U.S.
Presiding Judge: Andrew L. Carter
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 15 U.S.C. ยง 78
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
May 10, 2023 Opinion or Order Filing 239 ORDER denying 236 Letter Motion for Discovery. As discussed at the May 8, 2023 conference, Defendant is granted leave to file a motion to dismiss. Defendant's motion is due May 12, 2023. Plaintiff's response is due May 19, 2023. A ny reply is due May 24, 2023. Additionally, for the reasons stated at the conference, Plaintiff's motion for discovery at ECF No. 236 is DENIED. The automatic stay of discovery pursuant to the PSLRA (15 U.S.C. § 78u4(b)(3)(B)) shall remain in effect until after the Court decides Defendant's upcoming motion to dismiss. (Signed by Judge Andrew L. Carter, Jr on 5/10/2023) (tg)
May 4, 2023 Opinion or Order Filing 237 ORDER: Defendant is directed to file a response to Plaintiff's letter by Friday, May 5 at 5:00 P.M. ( Responses due by 5/5/2023) (Signed by Judge Andrew L. Carter, Jr on 5/4/2023) (ate)
May 3, 2023 Opinion or Order Filing 235 ORDER: Due to a change in the Court's calendar, the pre-motion conference scheduled for May 8, 2023 at 2:00 P.M. is rescheduled to May 8, 2023 at 10:00 A.M. The parties shall contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 5/8/2023 at 10:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 5/3/2023) (ate)
February 17, 2023 Opinion or Order Filing 219 ORDER ON RECONSIDERATION denying 190 Motion for Reconsideration re 190 MOTION for Reconsideration re; 177 Memorandum of Law in Support of Motion, 186 Memorandum & Opinion,, 174 Memorandum of Law in Support of Motion . filed by Stan Sinitsa, Leonard Karpowich, Sherman Steele, 192 LETTER MOTION for Conference re: 191 Memorandum of Law in Support of Motion, 190 MOTION for Reconsideration re; 177 Memorandum of Law in Support of Motion, [ 186] Memorandum & Opinion,, 174 Memorandum of Law in Support of Motion <i filed by Stan Sinitsa, Leonard Karpowich, Sherman Steele, 201 LETTER MOTION for Conference re [Proposed] Amended Complaint addressed to Judge A ndrew L. Carter, Jr. from Jonathan Horne dated June 9, 2022. filed by Boris Lvov ; denying 192 Letter Motion for Conference re: 190 MOTION for Reconsideration re; 177 Memorandum of Law in Support of Motion, 186 Memorandum & Opin ion,, 174 Memorandum of Law in Support of Motion ., 192 LETTER MOTION for Conference re: 191 Memorandum of Law in Support of Motion, 190 MOTION for Reconsideration re; 177 Memorandum of Law in Support of Motion, [18 6] Memorandum & Opinion,, 174 Memorandum of Law in Support of Motion <i, 201 LETTER MOTION for Conference re [Proposed] Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Jonathan Horne dated June 9, 2022. ; denying as moot 201 Letter Motion for Conference re: 190 MOTION for Reconsideration re; 177 Memorandum of Law in Support of Motion, 186 Memorandum & Opinion,, 174 Memorandum of Law in Support of Motion ., 192 LETT ER MOTION for Conference re: 191 Memorandum of Law in Support of Motion, 190 MOTION for Reconsideration re; 177 Memorandum of Law in Support of Motion, 186 Memorandum & Opinion,, 174 Memorandum of Law in Support of Motion &l t;i, 201 LETTER MOTION for Conference re [Proposed] Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Jonathan Horne dated June 9, 2022. In sum, I agree with Judge Kaplan and the Second Circuit: while American Pipe and China Agritech do not prohibit equitable tolling to allow a new lead plaintiff or class representative to join an existing putative class action, neither do they compel a court to apply equitable tolling in all instances, without regard to the proposed plaintiff's diligence and the goals of economy and efficiency. Reconsideration is DENIED. Accordingly, with SKS's motion to reconsider denied, lead Plaintiff Boris Lvov is granted leave to file his Amended Complaint by March 20, 2023. ECF 201 is DISMISSED as moot. The Clerk of Court is respectfully directed to close ECF 190, 192, and 201. (Signed by Magistrate Judge Ona T. Wang on 2/17/2023) (rro)
April 29, 2022 Opinion or Order Filing 186 OPINION & ORDER re: 176 MOTION to Appoint Boris Lvov to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. filed by Boris Lvov, 173 MOTION to Appoint Sherman Steele, Leonard Karpowich, Stan Sinitsa to serve as lead plaintiff(s) . filed by Stan Sinitsa, Leonard Karpowich, Sherman Steele. For the foregoing reasons, SKS's motions for appointment as Lead Plaintiff and motion for appointment of Lead Counsel are DENIED, and Lvov's motion for appointment as Lead Plaintiff and for appointment of Lead Counsel are GRANTED.The Clerk of the Court is respectfully directed to close ECF 173 and ECF 176. (Signed by Magistrate Judge Ona T. Wang on 4/29/2022) (rro)
March 11, 2021 Opinion or Order Filing 170 OPINION AND ORDER re: 161 MOTION to Dismiss . filed by Veon LTD. For the aforementioned reasons, the Court grants VEON's motion to dismiss and dismisses Lead Plaintiff Westway from this action. This resolves ECF No. 161. The Court reopens the Lead Plaintiff selection process consistent with this opinion. Any motions for appointment as Lead Plaintiff shall be filed by April 8, 2021; VEON shall oppose the motions by May 6, 2021; and any replies shall be filed by May 12, 2021. SO ORDERED., Motions due by 4/8/2021., Responses due by 5/6/2021, Replies due by 5/12/2021. (Signed by Judge Andrew L. Carter, Jr on 3/11/2021) (rj)
March 31, 2020 Opinion or Order Filing 155 ORDER denying without prejudice 132 Motion for Judgment on the Pleadings. Accordingly, Defendants' motion for judgment on the pleadings is DENIED without prejudice and Plaintiff Westway's second amended complaint is due April 14, 2020. This terminated ECF No. 132. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/31/2020) (va)
August 30, 2018 Opinion or Order Filing 123 OPINION AND ORDER: re: 81 MOTION to Dismiss filed by Jo Lunder, 78 MOTION to Dismiss filed by Alexander Izosimov, 84 MOTION to Dismiss the Amended Complaint filed by Jean-Yves Charlier, Andrew Mark Davies, 96 MOTION to Dis miss With Prejudice the Claims Against Defendant Cornelis Hendrik van Dalen filed by Cornelis Hendrik Van Dalen. For the foregoing reasons, the claims against the Individual Defendants are DISMISSED. The Clerk of Court is kindly requested to terminate the motions at ECF Nos. 78, 81, 84, and 96. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/30/2018) (ama) Transmission to Orders and Judgments Clerk for processing.
September 19, 2017 Opinion or Order Filing 63 OPINION AND ORDER re: 47 MOTION to Dismiss . filed by VEON LTD.. For all of the foregoing reasons, the Court denies VEON's motion to dismiss the Amended Complaint in part and grants the motion in part. The Individual Defendant s who have appeared in this action must answer or otherwise respond to the Complaint on or before October 10, 2017. The Clerk of the Court is respectfully requested to close Docket Entry Number 48. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/19/2017) (rj)
September 26, 2016 Opinion or Order Filing 40 OPINION AND ORDER re: 33 MOTION for Reconsideration re; (5 in 1:15-cv-09492-UA, 31 in 1:15-cv-08672-ALC) Memorandum & Opinion . filed by Boris Lvov, Richard McColloch. For the reasons stated above, the motion to reconsider is de nied. This terminates ECF No. 33. The parties are directed to submit a joint status report no later than October 11, 2016, proposing a schedule for the filing of an amended consolidated complaint and Defendants' answer or response to the complaint. (Signed by Judge Andrew L. Carter, Jr on 9/26/2016) (cla)
April 27, 2016 Opinion or Order Filing 31 OPINION AND ORDER re: (18 in 1:15-cv-08672-ALC, 18 in 1:15-cv-08672-ALC, 18 in 1:15-cv-08672-ALC) MOTION to Appoint Lead Plaintiff. MOTION to Appoint Counsel . MOTION to Consolidate Cases filed by Philip Tohme, Boris Lvov, Richard McColloch, (20 in 1:15-cv-08672-ALC) MOTION to Withdraw (12) MOTION to Consolidate Cases . MOTION to Appoint Lead Plaintiff. MOTION to Approve Counsel . filed by Igor Melnikov, Max Nussbaumer, (8 in 1:15-cv-08672-ALC) MOTION to Appoint Westway Alliance Corp. to serve as lead plaintiff(s) filed by Westway Alliance Corp., (11 in 1:15-cv-08672-ALC) MOTION to Consolidate Cases 15-cv-09492 filed by Westway Alliance Corp., (15 in 1:15-cv-08672-ALC, 15 in 1:15-cv-08672-ALC, 15 in 1:15-cv-08672-ALC) MOTION to Appoint Counsel Glancy Prongay & Murray LLP. MOTION to Appoint Vimal K. Kocher and Dhirendra Prasad Sangal to serve as le ad plaintiff(s) . MOTION to Consolidate Cases 1:15-cv-08672-ALC and 1:15-cv-09492 filed by Vimal K. Kocher, Dhirendra Prasad Sangal, (12 in 1:15-cv-08672-ALC, 12 in 1:15-cv-08672-ALC, 12 in 1:15-cv-08672-ALC) MOTION to Cons olidate Cases . MOTION to Appoint Lead Plaintiff. MOTION to Approve Counsel filed by Igor Melnikov, Max Nussbaumer: For the foregoing reasons, the Court grants the motions to consolidate Kux-Kardos v. VimpelCom, Ltd. et al, No. 15 Civ. 8672, and Westway Alliance Corp. v. VimpelCom, Ltd., et al, No. 15 Civ. 9492. The Court also grants Westway's motion for appointment as lead plaintiff and approves Gainey McKenna & Eggleston as lead counsel. The remaini ng motions are denied. This terminates ECF Nos. 8, 11, 12, 15, 18, and 20. The Court will schedule an initial pretrial conference for the consolidated action by separate order. (Signed by Judge Andrew L. Carter, Jr on 4/27/2016) (tn) Modified on 4/27/2016 (tn).
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Plaintiff: Charles Kux-Kardos
Represented By: Joseph Alexander Hood, II
Represented By: Jeremy Alan Lieberman
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Defendant: Vimpelcom, Ltd.
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Defendant: Jean-Yves Charlier
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Defendant: Jo Lunder
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Defendant: Alexander Izosimov
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Defendant: Andrew Davies
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Defendant: Cornelis Hendrik Van Dalen
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