Nieves v. Davis et al
| Nieves and Juan Francisco Nieves |
| Performance Sports Group, Ltd, Performance Sports Group, Ltd., Mark Vendetti, Amir Rosenthal and Kevin Davis |
| Plumbers & Pipefitters National Pension Fund |
| 1:2016cv03591 |
| May 13, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Gregory H Woods |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Both |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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Filing 303
ORDER ON LEAD COUNSEL'S MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES NOW, THEREFORE, THE COURT FINDS, CONCLUDES AND ORDERS AS FOLLOWS: The Fee Application is hereby GRANTED. Lead Counsel is hereby awarded attorneys' fees in the amount of 28% of the Settlement Fund (or $3,640,000), and 28% of the Bankruptcy Settlement Fund (or $322,000), and $854,857.83 in reimbursement for Lead Counsels Litigation Expenses (which fees and expenses shall be paid to Lead Counsel from the Settlement Funds), which sums the Court finds to be fair and reasonable, plus interest earned at the same rate and for the same period as earned by the Settlement Funds. Jurisdiction is hereby retained over the parties and the Settlement Class Members for all matters relating to this Action, including the administration, interpretation, effectuation, or enforcement of the Stipulation and this Order. In the event that the Settlement is terminated or the Effective Date of the Settlement otherwise fails to occur, this Order shall be rendered null and void to the extent provided by the Stipulation and shall be vacated in accordance with the terms of the Stipulation. (And as further set forth herein.) SO ORDERED. (Signed by Judge Gregory H. Woods on 11/21/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing 302
ORDER AND FINAL JUDGMENT NOW THEREFORE, IT IS HEREBY ORDERED: This Judgment hereby incorporates by reference the definitions in the Stipulation, and all capitalized terms, unless otherwise defined herein, shall have the same meanings as set forth in the Stipulation. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members and the Claims Administrator. Pursuant to Rule 23 of the Federal Rules of Civil Procedure and for purposes of settlement only, this Court finally certifies this Action as a class action with the Settlement Class defined as: all persons and entities that purchased or acquired the common stock of Performance Sports Group Ltd. ("PSG" or the "Company") on a U.S. stock exchange from January 15, 2015 through October 28, 2016, inclusive (the "Class Period"), so long as they also purchased at least one share of PSG common stock on a U.S. stock exchange from January 15, 2015 through March 14, 2016, inclusive, and were damaged thereby. Excluded from the Settlement Class are: (1) Defendants; (2) the officers and directors of the Company during the Class Period; (3) members of their immediate families; (4) their legal representatives, heirs, successors or assigns; (5) and any entity in which Defendants or PSG have or had a controlling interest. Also excluded from the Settlement Class are any putative Settlement Class Members who exclude themselves by filing a request for exclusion in accordance with the requirements set forth in the Notice of Pendency of Class Action and Proposed Settlement. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for purposes of settlement only, the Court hereby affirms its determinations in the Preliminary Approval Order and finally appoints Lead Plaintiff as class representative for the Settlement Class, and finally appoints Cohen Milstein Sellers & Toll PLLC, previously appointed as Lead Counsel, as counsel for the Settlement Class. The Court finds that Released Defendants have satisfied their financial obligations under the Stipulation by paying or causing to be paid the Settlement Amount to the Settlement Fund, in accordance with paragraph 2 of the Stipulation, and shall have no other obligation to make or cause to be made any payment to, or delivery of any thing of value to, the Settlement Fund. Without further order of the Court, the Settling Parties may agree to reasonable extensions of time or other reasonable modifications necessary to carry out any of the provisions of the Settlement. There is no just reason for delay in the entry of this Judgment and immediate entry by the Clerk of the Court is expressly directed. IT IS SO ORDERED., Motions terminated: #288 MOTION to Approve Final Approval of the Proposed Settlement and Approval of the Plan of Allocation . filed by Juan Francisco Nieves, Plumbers & Pipefitters National Pension Fund. (Signed by Judge Gregory H. Woods on 11/21/2022) (jca)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Final Confirmation Hearing held on 11/18/2022. (Court Reporter present) (wv)
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Mailed Ms. Mae Frances Bell's proof of claim form to Performance Sports Group Ltd. Securities Litigation, c/o Strategic Claims Services, 600 N. Jackson Street, Suite 205 Media, PA 19063 by Certified Mail # 7022 0410 0002 1417 3068 with Return Receipt Requested. (wv)
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Filing 301
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated November 14, 2022 re: Court's November 10, 2022 Order. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 300
ORDER. The Court has received a mailed proof of claim form from Mae Frances Bell. The proof of claim form lists the caption of this case and includes sensitive personal information of the claimant. Lead counsel is directed to file a letter no later than November 14, 2022 proposing what, if anything, the Court should do with the proof of claim form. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 299
REPLY MEMORANDUM OF LAW in Support re: #290 MOTION to Approve for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses ., #288 MOTION to Approve Final Approval of the Proposed Settlement and Approval of the Plan of Allocation . . Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Supplement A - Declaration of Bravata).(Gilden, Carol)
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #293 Proposed Order was reviewed and approved as to form. (km)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #298 Proposed Order was reviewed and approved as to form. (km)
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Filing 298
PROPOSED ORDER. Document filed by Plumbers & Pipefitters National Pension Fund. Related Document Number: #290 ..(Gilden, Carol) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 297
DECLARATION of Carol V. Gilden in Support re: #290 MOTION to Approve for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses .. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 296
AMENDED MEMORANDUM OF LAW in Support re: #290 MOTION to Approve for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses . . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 295
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated October 25, 2022 re: Lead Counsel's Fee Motion. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #294 Proposed Order was reviewed and approved as to form. (km)
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Filing 294
PROPOSED ORDER. Document filed by Plumbers & Pipefitters National Pension Fund. Related Document Number: #290 ..(Gilden, Carol) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 293
PROPOSED ORDER. Document filed by Plumbers & Pipefitters National Pension Fund. Related Document Number: #288 ..(Gilden, Carol) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 292
DECLARATION of Carol V. Gilden in Support re: #290 MOTION to Approve for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses ., #288 MOTION to Approve Final Approval of the Proposed Settlement and Approval of the Plan of Allocation .. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A - Mediator Declaration, #2 Exhibit B - SCS Declaration, #3 Exhibit C - UANPF Declaration, #4 Exhibit D - Lowenstein Declaration, #5 Exhibit E - CMST Firm Resume).(Gilden, Carol)
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Filing 291
MEMORANDUM OF LAW in Support re: #290 MOTION to Approve for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses . . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 290
MOTION to Approve for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 289
MEMORANDUM OF LAW in Support re: #288 MOTION to Approve Final Approval of the Proposed Settlement and Approval of the Plan of Allocation . . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 288
MOTION to Approve Final Approval of the Proposed Settlement and Approval of the Plan of Allocation . Document filed by Juan Francisco Nieves, Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 287
ORDER: In accordance with Local Civil Rule 1.4, and upon consideration of the annexed declaration of Bari R. Nadworny, of Baker & Hostetler LLP, Bari R. Nadworny is hereby withdrawn as counsel for Defendant Kevin Davis. The Clerk of Court is instructed to terminate Bari R. Nadworny from the list of active counsel in this case. Attorney Bari Robyn Nadworny terminated. (Signed by Judge Gregory H. Woods on 9/7/2022) (rro)
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Filing 286
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Kevin Davis..(Nadworny, Bari)
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Set/Reset Hearings: Status Conference set for 11/18/2022 at 03:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (ks)
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Filing 285
PRELIMINARY APPROVAL ORDER granting #266 Motion for Settlement. NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The Court, for purposes of this Preliminary Approval Order, hereby adopts and incorporates by reference the definitions in the Stipulation, and all capitalized terms used herein, unless otherwise defined, shall have the same meanings as ascribed to them in the Stipulation. As in the Stipulation, unless otherwise explicitly specified herein, all time periods set forth in the Preliminary Approval Order will be computed in calendar days and pursuant to the terms of Rule 6(a) of the Federal Rules of Civil Procedure. 2. The Court preliminarily approves the Settlement, including all provisions of the Stipulation and exhibits attached thereto, as fair, reasonable and adequate to the Settlement Class, subject to further consideration at the Final Approval Hearing. As further set forth in this Order. In the event that the Effective Date fails to occur or the Settlement is otherwise terminated pursuant to its terms, this Preliminary Approval Order shall be null and void, and without prejudice, and none of its terms, except for Paragraphs 25-29, shall be effective or enforceable and the facts of the Settlement shall not be admissible in any trial of this Action, and the Settling Parties shall be deemed to have reverted to their respective status in this Action immediately prior to September 10, 2021, and except as otherwise expressly provided herein or in the Stipulation, the parties shall proceed in all respects as if the Stipulation and any related orders had not been entered, any portion of the Settlement Amount previously paid or caused to be paid by the Insurance Carriers into the Escrow Account, together with any interest earned or gains thereon, less any amounts for Taxes paid or owing with respect to such interest income and/or gains and/or for Notice and Administration Costs actually incurred and paid or payable, shall be returned by the Escrow Agent the Insurance Carriers within fourteen (14) business days after written notification of such event by Defendants to Lead Counsel, all as specified in Paragraph 48 of the Stipulation. As further set forth in this Order. The Court preliminarily finds that the Escrow Account is a "Qualified Settlement Fund" within the meaning of 468B of the Internal Revenue Code of 1986, as amended and Treasury Regulation 1.468B-1. As further set forth in this Order. The Court will hold a Final Approval Hearing pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, on November 18, 2022, at 3:30 p.m., in the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., Courtroom 12C, New York, New York 10007. IT IS SO ORDERED.. (Signed by Judge Gregory H. Woods on 7/14/2022) (ks) Modified on 7/15/2022 (ks).
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Filing 284
ORDER. Counsel for Lead Plaintiffs is directed to submit a clean copy of the proposed preliminary approval order filed at Dkt. No. 283 attaching each of its exhibits in a single, text-readable, pdf file to the Court's chambers email account (woodsNYSDchambers@nysd.uscourts.gov). (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Filing 283
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated July 13, 2022 re: Preliminary Approval of Settlement. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit [Proposed] Preliminary Approval Order (clean), #2 Exhibit [Proposed] Preliminary Approval Order (redline), #3 Exhibit A-1 (clean), #4 Exhibit A-1 (redline), #5 Exhibit A-2, #6 Exhibit A-3).(Gilden, Carol)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/11/2022. (Court Reporter present) (wv)
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Filing 282
NOTICE OF APPEARANCE by Michael S. Etkin on behalf of Plumbers & Pipefitters National Pension Fund..(Etkin, Michael)
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Filing 281
ORDER. In light of the lead plaintiffs' letter, Dkt. No. 280, the Court will hold a teleconference on July 11, 2022 at 1:00 p.m. to address the lead plaintiff's unopposed motion for preliminary approval of settlement. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Filing 280
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated May 24, 2022 re: the Court's May 23, 2022 Order. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2).(Gilden, Carol)
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Filing 279
ORDER: In the supplemental submissions provided to the Court by counsel for Lead Plaintiffs on January 21, 2022, Dkt. No. 275, Lead Plaintiffs disclosed a potentially material development in the resolution of the settlement of the bankruptcy case. Id. at 4 n.3. The Court has deferred providing feedback regarding the supplemental proposals by Lead Plaintiffs with the expectation that further information regarding that development would be provided to the Court. The Court requests that Lead Plaintiffs submit a letter with an update with respect to the contingent recovery for the bankruptcy settlement class promptly. (Signed by Judge Gregory H. Woods on 5/22/2022) (rro)
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Filing 278
MEMO ENDORSEMENT granting #277 Motion to Withdraw as Attorney. ENDORSEMENT: Joshua C. Handelsman is granted leave to withdraw as counsel for lead plaintiff. The Clerk of Court is instructed to terminate Mr. Handelsman from the list of active counsel in this case. Attorney Joshua Handelsman terminated (Signed by Judge Gregory H. Woods on 3/7/2022) (rro)
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Filing 277
MOTION for Joshua C. Handelsman to Withdraw as Attorney . Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit).(Handelsman, Joshua)
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Filing 276
DECLARATION of Carol V. Gilden in Support re: #266 MOTION for Settlement Lead Plaintiff's Notice of Unopposed Motion for Preliminary Approval of Settlement.. Document filed by Plumbers & Pipefitters National Pension Fund. (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).(Gilden, Carol)
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Filing 275
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #266 MOTION for Settlement Lead Plaintiff's Notice of Unopposed Motion for Preliminary Approval of Settlement. . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 274
ORDER: The Court held a conference on January 11, 2022 to discuss lead plaintiff's unopposed motion for preliminary approval of settlement. The Court expects that the supplemental briefing requested by the Court during the January 11, 2022 conference will be filed on or before January 21, 2022. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/11/2022) (rro)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/11/2022. (Court Reporter present) (wv)
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Filing 273
ORDER. In light of the parties joint letter, Dkt. No. 272, the Court will hold a teleconference on January 11, 2022 at 4:00 p.m. to address the lead plaintiff's unopposed motion for preliminary approval of settlement. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 272
JOINT LETTER addressed to Judge Gregory H. Woods from Edward A. Friedman dated December 14, 2021 re: [ECF Dkt. No. 271]. Document filed by Amir Rosenthal..(Friedman, Edward)
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Filing 271
ORDER granting #270 Letter Motion to Adjourn Conference. The conference scheduled for December 7, 2021 is adjourned sine die. The parties are directed to advise the Court when they are able to conduct the requested conference. The parties should submit a joint letter to the Court with proposed dates and times for a conference no later than December 14, 2021. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 270
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Edward A. Friedman dated December 6, 2021. Document filed by Amir Rosenthal..(Friedman, Edward)
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Filing 269
ORDER. The Court will hold a conference to address the plaintiffs motion for settlement on December 7, 2021 at 1:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 268
SETTLEMENT AGREEMENT Stipulation and Agreement of Settlement. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B).(Gilden, Carol)
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Filing 267
MEMORANDUM OF LAW in Support re: #266 MOTION for Settlement Lead Plaintiff's Notice of Unopposed Motion for Preliminary Approval of Settlement. . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 266
MOTION for Settlement Lead Plaintiff's Notice of Unopposed Motion for Preliminary Approval of Settlement. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 265
MEMO ENDORSEMENT on re: #264 Letter, filed by Plumbers & Pipefitters National Pension Fund. ENDORSEMENT: Application granted. Plaintiffs' memorandum of law in support of its motion for preliminary approval of settlement may not exceed 30 pages in length. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/29/2021) (mml)
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Filing 264
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated 11/29/2021 re: Request for an Extension of the Page Limit for Memorandum in Support of Preliminary Approval of Settlement. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 263
MEMO ENDORSEMENT on re: #262 Letter, filed by Plumbers & Pipefitters National Pension Fund. ENDORSEMENT: Application granted. The Court expects that any motion for preliminary approval of a settlement will be filed on or before December 1, 2021. SO ORDERED. ( Motions due by 12/1/2021.) (Signed by Judge Gregory H. Woods on 11/12/2021) (kv)
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Filing 262
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated November 12, 2021 re: Update on Lead Plaintiff's Anticipated Motion for Preliminary Approval of Settlement. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 261
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated October 1, 2021 re: Anticipated Date of Filing of Motion for Preliminary Approval of Settlement. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 260
ORDER withdrawing #202 Motion to Certify Class; withdrawing #217 Motion to Strike document #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel. filed by Plumbers & Pipefitters National Pension Fund, #217 MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages. filed by Kevin Davis, Amir Rosenthal from the record. On September 14, 2021, the parties requested a stay of all deadlines pending effectuation ofa proposed settlement. Dkt. No. 259. The Court grants that request and orders that all deadlines are stayed pending effectuation of the settlement. The motion for class certification currently pending at Dkt. No. 202 and the motion to exclude an expert opinion at Dkt. No. 217 are deemed withdrawn but may be refiled in the event that the proposed settlement is not effectuated. No later than October 1, 2021, the parties are directed to submit a joint letter with the date by which they expect to submit their preliminary approval materials for consideration by the Court. The Clerk of Court is directed to terminate the motions currently pending at Dkt. Nos. 202 and 217. The Clerk of Court is also directed to note the stay on the docket. (Signed by Judge Gregory H. Woods on 9/17/2021) (rro)
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Case Stayed (rro)
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Filing 259
LETTER addressed to Judge Gregory H. Woods from CAROL V. GILDEN dated 9/14/21 re: Settlement. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 258
MEMO ENDORSEMENT granting #257 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. The Clerk of Court is directed to terminate Ms. Kistler from the list of active counsel in this case. SO ORDERED. Attorney Megan Kinsella Kistler terminated. (Signed by Judge Gregory H. Woods on 8/20/2021) (vfr)
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Filing 257
MOTION for Megan Kinsella Kistler to Withdraw as Attorney . Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Declaration of Megan K. Kistler).(Kistler, Megan)
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Filing 256
MEMO ENDORSEMENT on re: #255 Notice (Other) filed by Amir Rosenthal. ENDORSEMENT: Application granted. The Clerk of Court is directed to terminate Mr. Ciacci from the list of active counsel in this case. SO ORDERED. Attorney Walter Ciacci terminated. (Signed by Judge Gregory H. Woods on 8/19/2021) (vfr)
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Filing 255
NOTICE of Withdrawel. Document filed by Amir Rosenthal. (Attachments: #1 Declaration of Walter A. Ciacci).(Ciacci, Walter)
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Filing 254
MEMO ENDORSEMENT on re: #253 Notice (Other) filed by Kevin Davis. ENDORSEMENT : The Clerk of Court is directed to terminate Mr. Fishwick from the list of active counsel in this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/31/21) (yv)
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Filing 253
NOTICE of of Withdrawal of Counsel. Document filed by Kevin Davis. (Attachments: #1 Declaration of Scott J. Fishwick).(Fishwick, Scott)
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Filing 252
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR (SEE DOCUMENT #253) - NOTICE of of Withdrawal of Scott J. Fishwick. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Declaration of Scott J. Fishwick).(Fishwick, Scott) Modified on 7/29/2021 (ldi).
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Filing 251
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among Lead Plaintiff and Defendants as follows: 1. The parties will not conduct any depositions during the period from July 22, 2021 through September 13, 2021 (the "Deposition Pause"). For the avoidance of doubt, the only activity that will be suspended during the Deposition Pause is the conduct of depositions. 2. The deadlines set forth in the CMO dated November 2, 2020, as modified by the June 16 Order, are further modified as follows: (a) All fact discovery shall be completed no later than November 15, 2021, thereby extending the October 1, 2021 date in para. 3(a) of the June 16 Order,(b) Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by November 15, 2021, thereby extending the October 1, 2021 date in para. 3(b) of the June 16 Order; (d) All expert discovery shall be completed no later than April 15, 2022, thereby extending the February 12, 2021 date in para. 3(d) of the CMO;(f) Motions for summary judgment, if any, shall be filed no later than June 15, 2022, thereby extending the April 12, 2022 date in para. 3(f) of the June 16 Order. 3. All provisions of the CMO and the June 16, Order, except those set forth above, shall remain in full force and effect. SO ORDERED., Deposition due by 11/15/2021., Expert Discovery due by 4/15/2022., Fact Discovery due by 11/15/2021., Motions due by 6/15/2022., Motions terminated: #250 LETTER MOTION for Discovery addressed to Judge Gregory H. Woods from Edward A. Friedman dated July 22, 2021. filed by Amir Rosenthal. (Signed by Judge Gregory H. Woods on 7/24/2021) (rj)
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Filing 250
LETTER MOTION for Discovery addressed to Judge Gregory H. Woods from Edward A. Friedman dated July 22, 2021. Document filed by Amir Rosenthal. (Attachments: #1 Text of Proposed Order).(Friedman, Edward)
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Filing 249
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated July 1, 2021 re: Plaintiff Name Change. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 248
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/9/21 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....(McGuirk, Kelly)
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Filing 247
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/9/2021 before Judge Gregory H. Woods. Court Reporter/Transcriber: Eve Giniger, (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 7/12/2021. Redacted Transcript Deadline set for 7/22/2021. Release of Transcript Restriction set for 9/20/2021..(McGuirk, Kelly)
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Filing 246
STIPULATION AND ORDER: Lead Plaintiff shall provide substantive responses to the Interrogatories by no later than July 14, 2021. As to any interrogatory answer that is complete and sufficient as of July 14, 2021, Lead Plaintiff shall have no obligation to supplement prior to October 22, 2021. The parties will not conduct any depositions or engage in any discovery-related motion practice during the period from June 14, 2021 through July 14, 2021 (the Discovery Pause). Notwithstanding the foregoing sentence, the parties (1) may notice and serve non-party subpoenas during the Discovery Pause, provided that any depositions called for by such subpoenas shall be conducted after the Discovery Pause, and (2) the previously scheduled deposition of Julie Zaleski shall proceed on June 29, 2021. The deadlines set forth in the CMO dated November 2, 2020 are modified as follows: All fact discovery shall be completed no later than October 1, 2021. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by October 1, 2021. All expert discovery shall be completed no later than February 12, 2022. Motions for summary judgment, if any, shall be filed no later than April 12, 2022 and further set forth in this Order. (Deposition due by 10/1/2021., Expert Discovery due by 2/12/2022., Fact Discovery due by 10/1/2021., Motions due by 4/12/2022.) (Signed by Judge Gregory H. Woods on 6/16/2021) (rro)
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Filing 245
JOINT LETTER addressed to Judge Gregory H. Woods from all parties dated June 16, 2021 re: [ECF No. 244]. Document filed by Kevin Davis, Plumbers & Pipefitters National Pension Fund, Amir Rosenthal. (Attachments: #1 Exhibit A - Stipulation and [Proposed] Order).(Friedman, Edward)
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Filing 244
ORDER. On June 9, 2021, the Court held a teleconference in which it discussed the parties' dispute concerning Lead Plaintiff's responses to Defendants' contention interrogatories. Dkt. No. 239. For the reasons stated on the record, the Court ordered that Defendants could issue early contention interrogatories in this case. The parties are directed to meet and confer regarding Lead Plaintiff's responses to those interrogatories and to submit a joint letter to the Court no later than June 16, 2021 setting forth their respective views regarding the timeline for the delivery of responses to those interrogatories and the obligation of Lead Plaintiff to provide updates to those responses, together with any associated requests for relief. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 6/9/2021. (Court Reporter Eve Giniger) (wv)
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Filing 243
ORDER granting #242 . The conference scheduled for June 2, 2021 is adjourned to June 9, 2021 at 10:00 a.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 242
LETTER MOTION to Continue June 2, 2021 Teleconference addressed to Judge Gregory H. Woods from S. Douglas Bunch dated May 31, 2021. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 241
MEMO ENDORSEMENT on re: #239 Letter, filed by Kevin Davis, Plumbers & Pipefitters National Pension Fund, Amir Rosenthal. ENDORSEMENT: Application granted. The Court will hold a teleconference concerning the parties' discovery dispute on June 2, 2021 at 1:00 p.m, The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules.( Telephone Conference set for 6/2/2021 at 01:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 5/27/2021) (rro)
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Filing 240
RESPONSE in Support of Motion re: #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel. . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 239
JOINT LETTER addressed to Judge Gregory H. Woods from Edward A. Friedman dated May 17, 2021 re: discovery dispute. Document filed by Kevin Davis, Plumbers & Pipefitters National Pension Fund, Amir Rosenthal. (Attachments: #1 Exhibit A - Defendants' Second Set of Interrogatories to Lead Plaintiff, #2 Exhibit B - Lead Plaintiff's Responses to Defendants' Second Set of Interrogatories).(Friedman, Edward)
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Filing 238
DECLARATION of Timothy M. Haggerty re: #217 MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages., #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel., #237 Reply Memorandum of Law in Oppisition to Motion, Supplemental Declaration of Timothy M. Haggerty. Document filed by Amir Rosenthal. (Attachments: #1 Exhibit A - Expert Declaration of Douglas J. Skinner, #2 Exhibit B - Reply MOL).(Haggerty, Timothy)
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Filing 237
REPLY MEMORANDUM OF LAW in Opposition re: #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel. Defendants' Sur-Reply in Further Opposition to Plaintiff's Motion for Class Certification. Document filed by Kevin Davis, Amir Rosenthal..(Haggerty, Timothy)
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Filing 236
ORDER granting #234 Letter Motion for Leave to File Document. Application granted. Defendants are granted leave to file the proposed sur-reply. The Court directs that it be filed nolater than May 11, 2021. Plaintiffs may file a response to the sur-reply. Plaintiffs response is due no later than May25, 2021 and may not exceed 15 pages in length. The Court reserves decision regarding oral argument with respectto the motion. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 234. (Signed by Judge Gregory H. Woods on 5/8/2021) (rro)
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Set/Reset Deadlines: Surreplies due by 5/11/2021. (rro)
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Filing 235
LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Carol V. Gilden dated May 7, 2021 re: #234 JOINT LETTER MOTION for Leave to File (i) Sur-Reply in Further Opposition to Plaintiff's Class Certification Motion and (ii) Oral Argument on Class Certification Motion and Motion to Exclude addressed to Judge Gregory H. Woods from Edwa . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 234
JOINT LETTER MOTION for Leave to File (i) Sur-Reply in Further Opposition to Plaintiff's Class Certification Motion and (ii) Oral Argument on Class Certification Motion and Motion to Exclude addressed to Judge Gregory H. Woods from Edward A. Friedman dated May 4, 2021. Document filed by Kevin Davis, Amir Rosenthal. (Attachments: #1 Exhibit A - Proposed Sur-Reply In Further Opposition to Plaintiff's Motion for Class Certification).(Friedman, Edward)
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Filing 233
DECLARATION of Timothy M. Haggerty in Support re: #217 MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages., #232 Reply Memorandum of Law in Support of Motion. Document filed by Amir Rosenthal. (Attachments: #1 Exhibit A - Expert Report of Douglas J. Skinner, #2 Exhibit B - Class Certification Reply Brief in In re Global Brokerage, Inc.).(Haggerty, Timothy)
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Filing 232
REPLY MEMORANDUM OF LAW in Support re: #217 MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages. . Document filed by Kevin Davis, Amir Rosenthal..(Friedman, Edward)
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Filing 231
DECLARATION of Carol V. Gilden in Opposition re: #217 MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages.. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A - Appendix of additional cases, #2 Exhibit B - Excerpts of Expert Report of Douglas J. Skinner, SEB Inv. Mgmt. AB v. Symantec Corp., #3 Exhibit C - Excerpts of Expert Report of Douglas J. Skinner, Ph.D., In re Allergan PLC Sec. Litig.).(Gilden, Carol)
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Filing 230
MEMORANDUM OF LAW in Opposition re: #217 MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages. . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 229
DECLARATION of Carol V. Gilden in Support re: #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel.. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A - Expert Rebuttal Report of Chad Coffman, CFA, #2 Exhibit B - Deposition Transcript of Dr. Douglas Skinner, #3 Exhibit C - Excerpts of deposition of Toni Inscoe on behalf of Plaintiff Plumbers & Pipefitters National Pension Fund).(Gilden, Carol)
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Filing 228
REPLY MEMORANDUM OF LAW in Support re: #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel. . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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LETTERS ROGATORY ISSUED on March 19, 2021, and picked up by Friedman Kaplan Seiler & Adelman LLP, and to be served in Ontario.(km)
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Filing 227
MEMO ENDORSEMENT ON LETTER OF REQUEST FOR JUDICIAL ASSISTANCE FROM THE SUPERIOR COURT OF JUSTICE [ONTARIO]. ENDORSEMENT: This Court is ready and willing to provide similar assistance to the Courts of Ontario in the future as appropriate should the need arise. Witness my hand and seal of the United States District Court, Southern District of New York, United States of America, on this 14th day of March, 2021. (Signed by Judge Gregory H. Woods on 3/14/2021) (cf) Transmission to Orders and Judgments Clerk for processing.
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Filing 226
MEMO ENDORSEMENT on LETTER OF REQUEST FOR JUICIAL ASSISTANCE FROM THE SUPERIOR COURT OFJUSTICE [ONTARIO]. ENDORSEMENT: This Court is ready and willing to provide similar assistance to the Courts of Ontario in the future as appropriate should the need arise. Witness my hand and seal of the United States District Court, Southern District of New York, United States of America, on this 14th day of March, 2021. (Signed by Judge Gregory H. Woods on 3/14/2021) (cf) Transmission to Orders and Judgments Clerk for processing.
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Filing 225
ORDER granting #222 Notice of Motion for Issuance of Letters of Request to Subpoena Foreign Nonparties W. Graeme Roustan and Grant Thornton LLP. The Court has executed the requested letters rogatory. Counsel are directed to coordinate with the Court's courtroom deputy, Wileen Joseph, to obtain sealed copies of the letters for delivery. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 224
DECLARATION of Timothy M. Haggerty in Support re: #222 MOTION Notice of Motion for Issuance of Letters of Request to Subpoena Foreign Nonparties W. Graeme Roustan and Grant Thornton LLP .. Document filed by Kevin Davis, Amir Rosenthal. (Attachments: #1 Exhibit 1: Roustan Subpoena Duces Tecum, #2 Exhibit 2: Roustan Subpoena Ad Testificandum, #3 Exhibit 3: Grant Thornton Subpoena Duces Tecum, #4 Exhibit 4: Third Amended Complaint, #5 Exhibit 5: Order Appointing PPNPF as Lead Plaintiff, #6 Exhibit 6: Case Management Order, #7 Exhibit 7: Motion to Dismiss TAC, #8 Exhibit 8: Order and Decision on Motion to Dismiss, #9 Exhibit 9: PSG Schedule 14A, #10 Exhibit 10: PSG Schedule 14A Information, #11 Exhibit 11: 6-12-15 Roustan Letter, #12 Exhibit 12: 9-25-15 Schedule 14A Information, #13 Exhibit 13: Roustan Amended Statement of Claim, #14 Exhibit 14: 1-14-19 Decision (Canadian Litigation), #15 Exhibit 15: 2-4-19 Endorsement (Canadian Litigation), #16 Exhibit 16: 3-22-19 Costs Endorsement (Canadian Litigation), #17 Exhibit 17: 3-9-20 Court of Appeal Decision (Canadian Litigation), #18 Exhibit 18: 5-21-15 Letter from B. McDonell, #19 Exhibit 19: 6-2-15 Email from D. Nectow, #20 Exhibit 20: 5-20-15 Email re Survey Questions, #21 Exhibit 21: 9-17-15 Email re Survey Questions, #22 Exhibit 22: 04-20-20 Ltr. from P. Kelly, #23 Exhibit 23: 10-15-20 Letter to P. Kelly, #24 Exhibit 24: 10-21-20 P. Kelly Email (1 of 2), #25 Exhibit 25: 10-21-20 P. Kelly Email (2 of 2), #26 Exhibit 26: 1-18-21 - Email from PPNPF's Counsel, #27 Exhibit 27: 1-20-21 Email to D. La Salle, #28 Exhibit 28: 1-20-21 Email from D. La Salle, #29 Exhibit 29: 1-21-21 Email to D. La Salle, #30 Exhibit 30: Process Server Affidavit, #31 Exhibit 31: Roustan Twitter Profile, #32 Exhibit 32: Roustan Website Profile, #33 Exhibit 33: Roustan LinkedIn Profile, #34 Exhibit 34: Toronto Star Article, #35 Exhibit 35: Defendants' Subpoena to Grant Thornton, #36 Exhibit 36: Plaintiff's Subpoena to Grant Thornton, #37 Exhibit 37: Grant Thornton Objection Letter, #38 Exhibit 38: Grant Thornton Office Address, #39 Exhibit 39: Toronto Courthouse Address).(Haggerty, Timothy)
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Filing 223
MEMORANDUM OF LAW in Support re: #222 MOTION Notice of Motion for Issuance of Letters of Request to Subpoena Foreign Nonparties W. Graeme Roustan and Grant Thornton LLP . . Document filed by Kevin Davis, Amir Rosenthal. (Attachments: #1 Exhibit A (Proposed Letter of Request for Discovery from W. Graeme Roustan), #2 Exhibit B (Proposed Letter of Request for Discovery from Grant Thornton LLP)).(Friedman, Edward)
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Filing 222
MOTION Notice of Motion for Issuance of Letters of Request to Subpoena Foreign Nonparties W. Graeme Roustan and Grant Thornton LLP . Document filed by Kevin Davis, Amir Rosenthal..(Friedman, Edward)
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Filing 221
ORDER granting #220 Letter Motion for Extension of Time to File Response/Reply. Application granted. The deadline for the submission of Lead Plaintiff's response is extended to April 6, 2021. The deadline for the submission of Defendants' reply is extended to May 4, 2021. Responses due by 4/6/2021 Replies due by 5/4/2021. (Signed by Judge Gregory H. Woods on 2/27/2021) (mro) Modified on 3/10/2021 (mro).
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Filing 220
LETTER MOTION for Extension of Time to File Response/Reply as to #217 MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages. addressed to Judge Gregory H. Woods from Carol V. Gilden dated 2/26/2021. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 219
DECLARATION of Elizabeth Bierut in Support re: #217 MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages.. Document filed by Kevin Davis, Amir Rosenthal. (Attachments: #1 Exhibit A - Transcript of deposition of Chad Coffman, #2 Exhibit B - Expert Report of Chad Coffman, #3 Exhibit C - Expert Report of Douglas J. Skinner, #4 Exhibit D - Redline of Coffman Reports).(Bierut, Elizabeth)
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Filing 218
MEMORANDUM OF LAW in Support re: #217 MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages. . Document filed by Kevin Davis, Amir Rosenthal..(Friedman, Edward)
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Filing 217
MOTION to Strike Notice of Motion to Exclude Chad Coffman's Opinion Regarding Damages. Document filed by Kevin Davis, Amir Rosenthal..(Friedman, Edward)
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Filing 216
DECLARATION of Timothy M. Haggerty in Opposition re: #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel.. Document filed by Kevin Davis, Amir Rosenthal. (Attachments: #1 Exhibit A - Expert Report of Douglas J. Skinner, #2 Exhibit B - Transcript of deposition of Chad Coffman, #3 Exhibit C - Transcript of deposition of Lead Plaintiff (excerpts, #4 Exhibit D - Class Proof of Claim, #5 Exhibit E - Lead Plaintiffs Opposition to Objection to Class Claim, #6 Exhibit F - March 18, 2016 Complaint, #7 Exhibit G - May 16, 2016 Complaint, #8 Exhibit H - Lead Plaintiffs Brief in Support of Motion for Appointment, #9 Exhibit I - Lead Plaintiffs Certification, #10 Exhibit J - First Amended Complaint (excerpt), #11 Exhibit K - Second Amended Complaint (excerpt), #12 Exhibit L - Third Amended Complaint, #13 Exhibit M - Order Approving Stipulation, #14 Exhibit N - Order Approving Disclosure Statement, #15 Exhibit O - Order Confirming Plan, #16 Exhibit P - Lead Plaintiffs privilege log, #17 Exhibit Q - Sports Authority petition, #18 Exhibit R - PSG 2015 10-K (excerpt), #19 Exhibit S - PSG 8-K (March 28, 2016), #20 Exhibit T - Wunderlich Report (March 8, 2016), #21 Exhibit U - GMP Securities Report (March 8, 2016), #22 Exhibit V - Wedbush Report (March 9, 2016), #23 Exhibit W - Wedbush Report (August 15, 2016), #24 Exhibit X - Redline of Coffman Reports, #25 Exhibit Y - Transcript of deposition of Daniel Riff (excerpts)).(Friedman, Edward)
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Filing 215
MEMORANDUM OF LAW in Opposition re: #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel. . Document filed by Kevin Davis, Amir Rosenthal..(Friedman, Edward)
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Filing 214
NOTICE OF APPEARANCE by Bari Robyn Nadworny on behalf of Kevin Davis..(Nadworny, Bari)
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Filing 213
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/19/21 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....(McGuirk, Kelly)
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Filing 212
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/19/2021 before Judge Gregory H. Woods. Court Reporter/Transcriber: Kristen Carannante, (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 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021..(McGuirk, Kelly)
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Filing 211
ORDER withdrawing #205 Motion for Letter of Request. On January 19, 2021, the Court held a conference regarding Defendants' motion for issuance of a letter of request. Dkt No. 205. During the conference, Defendants withdrew that motion. The Court understands that Defendants will submit a renewed motion that addresses the issues raised by the Court during the conference. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 205. (Signed by Judge Gregory H. Woods on 1/22/2021) (mro)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/19/2021. (Court Reporter Kristen Carannante) (wv)
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Filing 210
ORDER granting #208 LETTER MOTION for Leave to File Excess Pages re: memorandum of law in opposition to Lead Plaintiff's motion for class certification. Application granted. The page limitation for Defendants' opposition is enlarged to 40 pages. The page limitation for Lead Plaintiff's reply is enlarged to 20 pages. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/14/2021) (jca)
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Filing 209
ORDER. The Court will hold a conference regarding Defendants' motion for issuance of a letter of request, Dkt. No. 205, on January 19, 2021 at 10:00 a.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Filing 208
LETTER MOTION for Leave to File Excess Pages re: memorandum of law in opposition to Lead Plaintiff's motion for class certification addressed to Judge Gregory H. Woods from Edward A. Friedman dated January 13, 2021. Document filed by Amir Rosenthal..(Friedman, Edward)
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Filing 207
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/18/20 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....(McGuirk, Kelly)
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Filing 206
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/18/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Rose Prater, (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 1/19/2021. Redacted Transcript Deadline set for 1/29/2021. Release of Transcript Restriction set for 3/29/2021..(McGuirk, Kelly)
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Filing 205
MOTION Notice of Motion for Issuance of Letter of Request . Document filed by Kevin Davis, Amir Rosenthal. (Attachments: #1 Memorandum of Law, #2 A - Proposed Letter Request, #3 Declaration of Timothy M. Haggerty, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3 - Third Amended Complaint, #7 Exhibit 4 - Motion to Dismiss TAC, #8 Exhibit 5 - Order and Decision, #9 Exhibit 6 - Schedule 14A, #10 Exhibit 7 - Schedule 14A Information, #11 Exhibit 8 - 6/12/2015 Roustan Letter, #12 Exhibit 9 - 9/25/2015 Schedule 14A Information, #13 Exhibit 10 - Roustan Amended Statement of Claim, #14 Exhibit 11 - 1/14/2019 Decision, #15 Exhibit 12 - 2/24/2019 Endorsement, #16 Exhibit 13 - 3/22/2019 Costs Endorsement, #17 Exhibit 14 - 3/9/2020 Court of Appeal Decision, #18 Exhibit 15 - 5/21/2015 Letter and Attachment, #19 Exhibit 16 - 6/2/2015 Email, #20 Exhibit 17 - 5/20/2015 Email re Survey Questions, #21 Exhibit 18 - 9/17/2015 Email re Questions, #22 Exhibit 19 - 10/15/2020 Letter to P Kelly, #23 Exhibit 20 - P. Kelly Email 1, #24 Exhibit 21 - P. Kelly Email 2).(Friedman, Edward)
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Filing 204
DECLARATION of Carol V. Gilden in Support re: #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel.. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A: Expert Report of Chad Coffman, #2 Exhibit B: Firm Biography of Cohen Milstein Sellers & Toll PLLC).(Gilden, Carol)
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Filing 203
MEMORANDUM OF LAW in Support re: #202 MOTION to Certify Class and for Appointment of Class Representative and Class Counsel. . Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 202
MOTION to Certify Class and for Appointment of Class Representative and Class Counsel. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Text of Proposed Order).(Gilden, Carol)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/18/2020. (Court Reporter Rose Prater) (wv)
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Filing 201
ORDER granting #200 Letter Motion for Local Rule 37.2 Conference. Application granted. The Court waives the pre-motion conference requirement. Defendants are granted leave to file their proposed motion. The Court expects that every fact presented to the Court for inclusion in any request will be supported by a sworn affidavit provided by the movant. (Signed by Judge Gregory H. Woods on 12/16/2020) (mro)
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Filing 200
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Gregory H. Woods from Edward A. Friedman dated December 16, 2020. Document filed by Amir Rosenthal..(Friedman, Edward)
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Filing 199
LETTER addressed to Judge Gregory H. Woods from Edward A. Friedman dated December 11, 2020 Document filed by Amir Rosenthal..(Friedman, Edward)
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Filing 198
MEMO ENDORSEMENT on re: #197 Letter, filed by Plumbers & Pipefitters National Pension Fund. ENDORSEMENT: The Court will hold a conference regarding the anticipated motion for class certification on December 18, 2020 at 2:00 p.m. The parties are directed to use the conference call dial-in information and access code noted in the Court's Emergency Rules in Light of COVID-19 available on the Court's website, and are specifically directed to comply with Emergency Rule 2(C). ( Telephone Conference set for 12/18/2020 at 02:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/10/2020) (mro)
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Filing 197
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated December 9, 2020 re: Pre-Motion Submission regarding Lead Plaintiff's Motion for Class Certification. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 196
NOTICE OF APPEARANCE by Elizabeth Kresz Bierut on behalf of Amir Rosenthal..(Bierut, Elizabeth)
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Filing 195
NOTICE OF APPEARANCE by Walter Ciacci on behalf of Amir Rosenthal..(Ciacci, Walter)
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Filing 194
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions for summary judgment, if any, shall be filed no later than 2/16/2022. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 8/16/2021. Fact Discovery due by 8/16/2021. Expert Discovery due by 12/16/2021. The parties expect that this case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is three weeks. Status Conference set for 1/11/2022 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 11/3/2020) (mro)
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Filing 193
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/24/20 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....(McGuirk, Kelly)
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Filing 192
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/24/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sonya Ketter Moore, (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 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021..(McGuirk, Kelly)
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Filing 191
ORDER. As stated on the record during the conference held on September 24, 2020, the deadline for Plaintiffs to file and serve their motion for class certification is December 18, 2020. Defendants' opposition is due by February 19, 2021; Plaintiffs' reply, if any, is due by April 6, 2021. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Daniels, Anthony)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/24/2020. (Daniels, Anthony)
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Filing 190
JOINT LETTER addressed to Judge Gregory H. Woods from Counsel for Plaintiff and Counsel for Defendants dated 9/22/2020 re: Letter Regarding Case Status. Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 189
ORDER. The status conference scheduled for September 24, 2020 at 4:00 p.m. will be held via conference call. The parties are directed to use the conference call dial-in information and access code noted in the Court's Emergency Rules in Light of COVID-19 available on the Court's website, and are specifically directed to comply with Emergency Rule 2(c). (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (W. Joseph)
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Filing 188
MEMO ENDORSEMENT granting #187 Motion to Withdraw as Attorney. ENDORSEMENT: Alice Buttrick is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to terminate Alice Buttrick from the list of active counsel in this case. Attorney Alice Buttrick terminated. (Signed by Judge Gregory H. Woods on 7/12/2020) (mro)
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Filing 187
MOTION for Alice Buttrick to Withdraw as Attorney . Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Text of Proposed Order).(Buttrick, Alice)
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Filing 186
ORDER: On June 19, 2020, the Court held an initial pretrial conference. At the conference, the parties requested that discovery be stayed so the parties can engage in a private mediation. As stated on the record, the Court finds good cause to stay discovery. The Court will hold a status conference on September 24, 2020 at 4:00 p.m. Discovery is stayed through September 30, 2020. The parties are directed to submit a joint status letter by no later than September 22, 2020. ( Status Conference set for 9/24/2020 at 04:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 6/20/2020) (mro)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 6/19/2020. (Daniels, Anthony)
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Filing 185
JOINT LETTER addressed to Judge Gregory H. Woods from Counsel for Plaintiff and Counsel for Defendants dated June 12, 2020 re: ECF No. 160 (Status Conference). Document filed by Plumbers & Pipefitters National Pension Fund..(Gilden, Carol)
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Filing 184
ANSWER to #148 Amended Complaint with JURY DEMAND. Document filed by Amir Rosenthal..(Friedman, Edward)
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Filing 183
ANSWER to #148 Amended Complaint with JURY DEMAND. Document filed by Kevin Davis..(Aronoff, David)
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Filing 182
ORDER granting #180 Motion for Scott Fishwick to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 181
ORDER granting #179 Motion for David L. Aronoff to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 180
MOTION for Scott Fishwick to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Affidavit of Scott Fishwick in Support of Motion for Admission Pro Hac Vice, #2 Exhibit 1- Certificate of Good Standing from the Supreme Court of California, #3 Exhibit 2- Certificate of Good Standing from the Appellate Divison of the Supreme Court of New York, Third Judicial Department, #4 Exhibit 3- Certificate of Good Standing from the District of Columbia Court of Appeals, #5 Text of Proposed Order).(Fishwick, Scott)
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Filing 179
MOTION for David L. Aronoff to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Affidavit of David L. Aronoff in Support of Motion for Admission Pro Hac Vice, #2 Exhibit 1- Certificate of Good Standing from the Supreme Court of California, #3 Text of Proposed Order).(Aronoff, David)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #180 MOTION for Scott Fishwick to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #179 MOTION for David L. Aronoff to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 178
MEMO ENDORSEMENT denying #175 Motion for David L. Aronoff to Appear Pro Hac Vice. ENDORSEMENT: Application denied. Mr. Aronoff is directed to resubmit his motion for admission pro hac vice in full compliance with Local Rule 1.3(c)(3), which requires the applicant to state "whether there are any disciplinary proceedings presently against the applicant." This document states that there are no pending proceedings in any federal or state court, but is drafted in a way that excludes proceedings before other bodies or bar organizations. Mr. Aronoff's affidavit, Dkt. No. 175-1, similarly only refers to disciplinary proceedings before a court. Any renewed application should include the flat representation required under the rule, or explain the reasons why counsel cannot make that flat representation. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/28/2020) (rro)
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Filing 177
MEMO ENDORSEMENT denying #176 Motion for Scott Fishwick to Appear Pro Hac Vice. ENDORSEMENT: Application denied. Mr. Fishwick is directed to resubmit his motion for admission pro hac vice in full compliance with Local Rule 1.3(c)(3), which requires the applicant to state "whether there are any disciplinary proceedings presently against the applicant." This document states that there are no pending proceedings in any federal or state court, but is drafted in a way that excludes proceedings before other bodies or bar organizations. Mr. Fishwick's affidavit, Dkt. No. 176-1, similarly only refers to disciplinary proceedings before a court. Any renewed application should include the flat representation required under the rule, or explain the reasons why counsel cannot make that flat representation. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/28/2020) (rro)
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Filing 176
MOTION for Scott Fishwick to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Affidavit of Scott Fishwick in Support of Motion for Admission Pro Hac Vice, #2 Exhibit 1- Certificate of Good Standing from the Supreme Court of California, #3 Exhibit 2- Certificate of Good Standing from the Appellate Division of the Supreme Court of New York, Third Judicial Department, #4 Exhibit 3- Certificate of Good Standing from the District of Columbia Court of Appeals, #5 Text of Proposed Order).(Fishwick, Scott)
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Filing 175
MOTION for David L. Aronoff to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Affidavit of David L. Aronoff in Support of Motion for Admission Pro Hac Vice, #2 Exhibit 1- Certificate of Good Standing from the Supreme Court of California, #3 Text of Proposed Order).(Aronoff, David)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #175 MOTION for David L. Aronoff to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #176 MOTION for Scott Fishwick to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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Filing 174
FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Scott Fishwick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19931913. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Declaration of Scott Fishwick in Suport, #2 Exhibit 1 - Certificate of Good Standing from California, #3 Exhibit 2 - Certificate of Good Standing from New York, #4 Exhibit 3 - Certificate of Good Standing from District of Columbia, #5 Text of Proposed Order).(Fishwick, Scott) Modified on 5/21/2020 (ad).
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Filing 173
FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for David L. Aronoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19931500. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Declaration of David L. Aronoff in Support of Motion for Admission Pro Hac Vice, #2 Exhibit 1- Certificate of Good Standing from the Supreme Court of California, #3 Text of Proposed Order).(Aronoff, David) Modified on 5/21/2020 (ad).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #173 MOTION for David L. Aronoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19931500. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The applicant's affidavit is not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #174 MOTION for Scott Fishwick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19931913. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The applicant's affidavit is not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad)
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Filing 172
ORDER granting #171 Motion for Joshua C. Handelsman to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 171
MOTION for Joshua C. Handelsman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order).(Handelsman, Joshua)
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Filing 170
MEMO ENDORSEMENT denying #169 Motion for Joshua C. Handelsman to Appear Pro Hac Vice. ENDORSEMENT: Application denied. Local Rule 1.3(c) requires a simple statement as to "whether there are any disciplinary proceedings presently against the applicant." After failing to make that flat representation in his first application, Mr. Handelsman has again modified the representation required by the rule. In any renewed application for pro hac admission, Mr. Handelsman is directed to make the affirmation required by the rule without modification, or to explain why he cannot. (Signed by Judge Gregory H. Woods on 5/5/2020) (mro)
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Filing 169
MOTION for Joshua C. Handelsman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit Declaration, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Handelsman, Joshua)
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Filing 168
MEMO ENDORSEMENT denying #165 Motion for Joshua C. Handelsman to Appear Pro Hac Vice. ENDORSEMENT: Application denied. Mr. Handelsman is directed to resubmit his motion for admission pro hac vice in full compliance with Local Rule 1.3(c)(3), which requires the applicant to state "whether there are any disciplinary proceedings presently against the applicant." This document states that there are no pending proceedings in any federal or state court, but is drafted in a way that excludes proceedings before other bodies or bar organizations. Mr. Handelsman's declaration, Dkt. No. 165-1, says nothing about the lack of disciplinary proceedings, but, instead only that "I have no pending disciplinary complaint as to which a finding has been made that such complaint should proceed to a hearing." To the extent that Mr. Handelsman cannot make the flat declaration required by the rules, he is directed to provide the Court with the kind of disclosure that the rule is expected to provoke. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 165. (Signed by Judge Gregory H. Woods on 5/3/2020) (mro)
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Filing 167
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and among Defendant Kevin Davis, the law firm of Covington & Burling LLP, and the law firm of Baker Hostetler LLP that Baker Hostetler LLP be, and hereby is, substituted as counsel of record for Defendant Kevin Davis in place and stead of Covington & Burling LLP. Application granted. Covington & Burling LLP is granted to leave to withdraw as counsel for Defendant Kevin Davis. The Clerk of Court is instructed to remove Covington & Burling from the list of counsel in this case and substitute Baker Hoesterler as counsel of record for Defendant Kevin Davis. Attorney Jonathan Brian New for Kevin Davis added. Attorney Alan Mark Vinegrad terminated. (Signed by Judge Gregory H. Woods on 5/2/2020) (mro)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #169 MOTION for Joshua C. Handelsman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 166
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Kevin Davis. (Attachments: #1 Declaration of Jonathan B. New in Support).(New, Jonathan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #165 MOTION for Joshua C. Handelsman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19657103. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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Filing 165
MOTION for Joshua C. Handelsman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19657103. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit Declaration, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Handelsman, Joshua)
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Filing 164
MEMO ENDORSEMENT: on re: #163 Letter filed by Amir Rosenthal. ENDORSEMENT: Application granted. The deadline for Defendants' answers is extended from April 29, 2020 to June 12, 2020. The initial pretrial conference scheduled for May 14, 2020 is adjourned to June 19, 2020 at 4:00 p.m. The joint letter and Proposed Case Management Plan and Scheduling Order are due by June 12, 2020.SO ORDERED., Kevin Davis answer due 6/12/2020; Amir Rosenthal answer due 6/12/2020.( Initial Conference set for 6/19/2020 at 04:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 4/23/2020) (ama)
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Filing 163
LETTER addressed to Judge Gregory H. Woods from Edward A. Friedman dated April 22, 2020 re: request for adjournment of initial pretrial conference and extensions of defendants' time to answer Third Amended Complaint and other deadlines. Document filed by Amir Rosenthal. (Attachments: #1 Stipulation and [Proposed] Order).(Friedman, Edward)
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Filing 162
NOTICE of Notice of Issuance of Order Regarding Initial Pretrial Conference. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Gilden, Carol)
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Filing 161
CERTIFICATE OF SERVICE. Document filed by Amir Rosenthal..(Haggerty, Timothy)
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Filing 160
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/14/2020 at 03:00 PM before Judge Gregory H. Woods. In accordance with the Court's Emergency Rules and Practices in Light of COVID 19, this conference will be held telephonically. The parties are directed to dial in to the conference at that time using the dial-in information provided in the Court's Emergency Rules, which are available on the Court's website. (Signed by Judge Gregory H. Woods on 4/16/2020) (mro)
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Filing 159
MEMORANDUM OPINION AND ORDER re: #149 JOINT MOTION to Dismiss the Third Amended Complaint #148 filed by Kevin Davis, Amir Rosenthal. The Fund has plausibly alleged claims for violations of Section 10(b), Rule 10b-5, and Section 20(a). Accordingly, Defendants' motion to dismiss is largely DENIED, although it is GRANTED as to some of Defendants' statements in PSG's 2015 Form 10-K. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 145. (Signed by Judge Gregory H. Woods on 4/14/2020) (mro)
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Filing 158
ORDER: denying without prejudice #157 Letter Motion for Oral Argument. Application denied without prejudice. The Court will consider this application as it reviews the parties' submissions. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 157. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/23/2020) (ama)
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Filing 157
LETTER MOTION for Oral Argument addressed to Judge Gregory H. Woods from Carol V. Gilden dated January 22, 2020. Document filed by Plumbers & Pipefitters National Pension Fund.(Gilden, Carol)
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Filing 156
LETTER addressed to Judge Gregory H. Woods from Edward A. Friedman dated January 21, 2020 re: Defendants' Reply Brief. Document filed by Amir Rosenthal. (Attachments: #1 Exhibit 1 Supplemental Declaration of Jason C. Rubinstein (Revised), #2 Ex. A-1 to the Supp. Rubinstein Decl., #3 Ex. B to the Supp. Rubinstein Decl., #4 Ex. C to the Supp. Rubinstein Decl., #5 Ex. D to the Supp. Rubinstein Decl., #6 Ex. E to the Supp. Rubinstein Decl., #7 Exhibit 2 - Defendants Reply Memorandum of Law In Further Support Of Their Motion To Dismiss The Third Amended Complaint (Revised), #8 Exhibit 3 Redline of Page 4 of Defendants' Reply Brief)(Friedman, Edward)
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Filing 155
DECLARATION of Jason C. Rubinstein in Support re: #149 JOINT MOTION to Dismiss the Third Amended Complaint #148 .. Document filed by Kevin Davis, Amir Rosenthal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rubinstein, Jason)
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Filing 154
REPLY MEMORANDUM OF LAW in Support re: #149 JOINT MOTION to Dismiss the Third Amended Complaint #148 . . Document filed by Kevin Davis, Amir Rosenthal. (Friedman, Edward)
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Filing 153
MEMORANDUM OF LAW in Opposition re: #149 JOINT MOTION to Dismiss the Third Amended Complaint #148 . . Document filed by Plumbers & Pipefitters National Pension Fund. (Gilden, Carol)
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Filing 152
NOTICE OF APPEARANCE by Megan Kinsella Kistler on behalf of Plumbers & Pipefitters National Pension Fund. (Kistler, Megan)
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Filing 151
DECLARATION of Jason C. Rubinstein in Support re: #149 JOINT MOTION to Dismiss the Third Amended Complaint #148 .. Document filed by Kevin Davis, Amir Rosenthal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rubinstein, Jason)
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Filing 150
MEMORANDUM OF LAW in Support re: #149 JOINT MOTION to Dismiss the Third Amended Complaint #148 . . Document filed by Kevin Davis, Amir Rosenthal. (Friedman, Edward)
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Filing 149
JOINT MOTION to Dismiss the Third Amended Complaint #148 . Document filed by Kevin Davis, Amir Rosenthal.(Friedman, Edward)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (bcu)
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Filing 148
THIRD AMENDED COMPLAINT amending #86 Amended Complaint, against Kevin Davis, Amir Rosenthal with JURY DEMAND.Document filed by Plumbers & Pipefitters National Pension Fund. Related document: #86 Amended Complaint,.(Gilden, Carol)
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Filing 147
ORDER terminating #114 Motion to Dismiss. On September 6, 2019, Lead Plaintiff filed its Third Amended Complaint. Accordingly, the Court understands that Defendants' motion to dismiss Lead Plaintiff's Second Amended Complaint, Dkt. No. 114, is now moot and has been voluntarily withdrawn. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 146
ORDER terminating #145 Motion to Seal. Accordingly, Lead Plaintiff is directed to file the unredacted version of itscomplaint on the docket by no later than September 13, 2019.The Clerk of Court is directed to terminate the motion pending at Dkt. No. 145. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/9/2019) (ks) Amended Complaint due by 9/13/2019. Modified on 11/20/2019 (ks).
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Filing 145
MOTION to Seal Lead Plaintiff's Third Amended Complaint. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Text of Proposed Order)(Gilden, Carol)
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Filing 144
THIRD AMENDED COMPLAINT amending #86 Amended Complaint, against Kevin Davis, Amir Rosenthal with JURY DEMAND.Document filed by Plumbers & Pipefitters National Pension Fund. Related document: #86 Amended Complaint,.(Gilden, Carol)
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Filing 143
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among Lead Plaintiff and Defendants as follows: Subject to the terms herein, and upon the Court's so-ordering of this stipulation, Defendants consent to the filing of the TAC in the form provided to them on August 30, 2019, without the need for Lead Plaintiff to file, or the Court to adjudicate, a motion for leave to amend. Lead Plaintiff shall file the TAC on or before September 6, 2019. To the extent the TAC incorporates by reference materials designated "Confidential" in Performance Sports Group's bankruptcy proceedings, Lead Plaintiff shall proceed in accordance with Rule 4(A) of the Court's Individual Rules of Practice in Civil Cases and Paragraph 10 of the Stipulated Confidentiality Agreement and Protective Order in the above-captioned action [ECF No. 101]. Defendants shall answer or otherwise respond to the TAC no later than October 28, 2019. If Defendants move to dismiss the TAC, they shall file a single consolidated memorandum of law in support of their motion to dismiss, and that memorandum of law shall be no more than 50 pages. If a motion to dismiss the TAC is filed, Lead Plaintiff shall file and serve an omnibus opposition to the motion no later than December 12, 2019. Lead Plaintiffs memorandum of law in opposition to the motion shall be no more than 50 pages. Defendants shall file and serve any reply papers in further support of the motion to dismiss the TAC no later than January 13, 2020. Defendants' consolidated reply memorandum of law shall be no more than 25 pages. And as set forth herein. SO ORDERED., ( Amended Pleadings due by 9/6/2019., Responses due by 12/12/2019, Replies due by 1/13/2020.) (Signed by Judge Gregory H. Woods on 9/06/2019) (ama)
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Filing 142
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated September 3, 2019 re: Proposed Third Amended Complaint Briefing Schedule. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit Stipulation and Proposed Order)(Gilden, Carol)
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Filing 141
PROPOSED STIPULATION AND ORDER. Document filed by Plumbers & Pipefitters National Pension Fund. (Gilden, Carol)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Carol Gilden to RE-FILE Document #140 Proposed Order. Use the event type Other Filings, Proposed Orders, Proposed Stipulation and Order. The letter also needs to be filed as a separate entry (filed under Other Filings, Other Documents, Letter). (km)
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Filing 140
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit Stipulation and Proposed Order) Related Document Number: 137 . (Gilden, Carol) Proposed Order to be reviewed by Clerk's Office staff. Modified on 9/4/2019 (km).
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Filing 139
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/3/19 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...(McGuirk, Kelly)
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Filing 138
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/3/2019 before Judge Gregory H. Woods. Court Reporter/Transcriber: Raquel Robles, (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 8/8/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/16/2019.(McGuirk, Kelly)
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Filing 137
ORDER. As discussed during the teleconference held on July 3, 2019, Plaintiff is directed to provide Defendants with a copy of Plaintiffs proposed third amended complaint no later than August 12, 2019. No later than 21 days after Defendants receipt of such complaint, the parties should write the Court jointly to inform the Court whether Defendants consent to the filing of Plaintiffs third amended complaint. The joint letter should also contain the parties respective proposed briefing schedules for either Plaintiffs motion for leave to amend the complaint or Defendants motion to dismiss the third amended complaint, whichever is appropriate based on the parties discussions (HEREBY ORDERED by Judge Gregory H. Woods on July 8, 2019) (Text Only Order)(Daniels, Anthony)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/3/2019. (Court Reporter Raquel Robles) (Daniels, Anthony)
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Minute Entry. The telephone conference scheduled for June 28, 2019 is adjourned to July 3, 2019 at 9:00 a.m. The parties are directed to jointly call chambers (212)805-0296 at that time. (Daniels, Anthony)
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Filing 136
ORDER. Due to a conflict on the Court's calendar, the teleconference currently scheduled for June 28, 2019 at 3:00 p.m. is adjourned to June 28, 2019 at 3:30 p.m. (HEREBY ORDERED by Judge Gregory H. Woods on June 25, 2019) (Text Only Order)(Daniels, Anthony)
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Filing 135
ORDER granting #128 Letter Motion for Conference. Plaintiff's application for a pre-motion conference, Dkt. No. 128, is granted. The Court will hold a teleconference regarding Plaintiffs proposed motion for leave to amend on June 28, 2019 at 3:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. The parties are further directed to meet and confer in advance of the teleconference regarding Defendants' proposal to review Plaintiff's proposed complaint and to inform Plaintiff whether they will consent to the motion to amend. The parties should be prepared to discuss their positions regarding this proposal during the teleconference. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 134
LETTER addressed to Judge Gregory H. Woods from Carol V. Gilden dated June 20, 2019 re: the Court's Order of June 17, 2019 [ECF No. 129]. Document filed by Plumbers & Pipefitters National Pension Fund.(Gilden, Carol)
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Filing 133
LETTER addressed to Judge Gregory H. Woods from Edward A. Friedman dated June 20, 2019 re: the Court's Order of June 17, 2019 [ECF No. 129]. Document filed by Kevin Davis, Amir Rosenthal.(Friedman, Edward)
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Filing 132
MEMO ENDORSEMENT granting #131 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. David L. Aronoff, Gayle I. Jenkins, Scott J. Fishwick, and Seth C. Farber are granted leave to withdraw as counsel for Defendant Kevin Davis. The Clerk of Court is instructed to remove their names from the list of counsel in this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/20/2019) Attorney Scott J Fishwick; Gayle I Jenkins; David L Aronoff and Seth C. Farber terminated (ks)
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Filing 131
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David L. Aronoff, Gayle I. Jenkins, Scott J. Fishwick, Seth C. Farber to Withdraw as Attorney for Kevin Davis. Document filed by Kevin Davis.(Aronoff, David) Modified on 8/22/2019 (ldi).
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Filing 130
NOTICE OF APPEARANCE by Alan Mark Vinegrad on behalf of Kevin Davis. (Vinegrad, Alan)
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Filing 129
ORDER. The Court is in receipt of Lead Plaintiff's June 14, 2019 letter requesting a conference to discuss its proposed motion to amend its complaint to add additional factual support for its claims against the Individual Defendants. Lead Plaintiff's letter does not state whether the Individual Defendants have taken a position regarding this proposed motion. Accordingly, the Individual Defendants are directed to provide their position on Lead Plaintiff's proposed motion to the Court no later than June 20, 2019. (HEREBY ORDERRED by Judge Gregory H. Woods on June 17, 2019) (Text Only Order)(Daniels, Anthony)
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Filing 128
LETTER MOTION for Conference and Status Update addressed to Judge Gregory H. Woods from Carol V. Gilden dated June 14, 2019. Document filed by Plumbers & Pipefitters National Pension Fund.(Gilden, Carol)
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Filing 127
LETTER addressed to Judge Gregory H. Woods from David L. Aronoff dated January 18, 2018 re: Jan. 10 2018 letter from counsel for Lead Plaintiff (ECF 126). Document filed by Kevin Davis, Amir Rosenthal.(Fishwick, Scott)
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Filing 126
LETTER addressed to Judge Gregory H. Woods from CAROL V. GILDEN dated January 10, 2018 re: Stipulation of Settlement with PSG. Document filed by Plumbers & Pipefitters National Pension Fund.(Gilden, Carol)
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Filing 125
DECLARATION of Jason C. Rubinstein in Support re: #114 JOINT MOTION to Dismiss .. Document filed by Kevin Davis, Amir Rosenthal. (Attachments: #1 Exhibit A)(Rubinstein, Jason)
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Filing 124
JOINT REPLY MEMORANDUM OF LAW in Support re: #114 JOINT MOTION to Dismiss . . Document filed by Kevin Davis, Amir Rosenthal. (Friedman, Edward)
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Filing 123
MEMORANDUM OF LAW in Opposition re: #114 JOINT MOTION to Dismiss . . Document filed by Plumbers & Pipefitters National Pension Fund. (Gilden, Carol)
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***DELETED DOCUMENT. Deleted document number 122 NOTICE OF FILING OF OFFICIAL TRANSCRIPT. The document was incorrectly filed in this case. (tn)
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***DELETED DOCUMENT. Deleted document number 121 TRANSCRIPT of Proceedings re: con held on 6/16/2017 before Judge Richard J. Sullivan. The document was incorrectly filed in this case. (tn)
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Filing 120
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone Confrence proceeding held on 6/15/17 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...(Siwik, Christine)
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Filing 119
TRANSCRIPT of Proceedings re: telephone Confrence held on 6/15/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Martha Martin, (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 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017.(Siwik, Christine)
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Filing 118
MEMO ENDORSEMENT: on re: #117 NOTICE OF WITHDRAWAL OF APPEARANCE: filed by Plumbers & Pipefitters National Pension Fund. ENDORSEMENT: Attorney Kenneth M. Rehns is granted leave to withdraw as counsel for Plaintiff. The Clerk of Court is instructed to remove Kenneth M. Rehns from the list of counsel in this case. Attorney Kenneth Mark Rehns terminated. (Signed by Judge Gregory H. Woods on 7/5/2017) (ap) Modified on 7/6/2017 (ap).
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Filing 117
NOTICE of Withdrawal of Attorney. Document filed by Plumbers & Pipefitters National Pension Fund. (Rehns, Kenneth)
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Filing 116
DECLARATION of Jason C. Rubinstein in Support re: #114 JOINT MOTION to Dismiss .. Document filed by Kevin Davis, Amir Rosenthal. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Rubinstein, Jason)
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Filing 115
MEMORANDUM OF LAW in Support re: #114 JOINT MOTION to Dismiss . . Document filed by Kevin Davis, Amir Rosenthal. (Friedman, Edward)
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Filing 114
JOINT MOTION to Dismiss . Document filed by Kevin Davis, Amir Rosenthal.(Friedman, Edward)
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Filing 113
ORDER granting #110 Letter Motion for Conference. Defendants' request to file a 40-page, consolidated motion to dismiss Plaintiffs' Second Amended Complaint, Dkt. No. 110, is granted. Defendants' motion to dismiss is due no later than June 22, 2017. Plaintiffs' opposition, which may not exceed 40 pages, is due no later than July 24, 2017; Defendants' consolidated reply, if any, may not exceed 20 pages and is due within three weeks after service of Plaintiffs' opposition. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 6/15/2017. (Court Reporter Martha Martin) (Daniels, Anthony)
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Filing 112
LETTER addressed to Judge Gregory H. Woods from S. Douglas Bunch dated June 13, 2017 re: Response to Defendants' June 8, 2017 Pre-Motion Conference Letter. Document filed by Plumbers & Pipefitters National Pension Fund.(Bunch, Stephen)
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Filing 111
ORDER. Individual Defendants Rosenthal and Davis' request for a pre-motion conference, Dkt. No. 110, is granted. The Court will hold a pre-motion conference with respect to Defendants' proposed motion to dismiss the Second Amended Complaint on June 15, 2017 at 3:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on June 9, 2017) (Text Only Order)(Woods, Gregory)
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Filing 110
LETTER MOTION for Conference re: #86 Amended Complaint, request for pre-motion conference on anticipated motion to dismiss Plaintiffs' Second Amended Complaint addressed to Judge Gregory H. Woods from Edward A. Friedman dated June 8, 2017. Document filed by Amir Rosenthal.(Friedman, Edward)
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Filing 109
STIPULATION SCHEDULING ORDER: It is hereby stipulated and agreed, by and between the undersigned counsel, subject to the approval of this Court, as follows: The stay is hereby lifted as to the Individual Defendants and this case will now proceed as to them only; and as further set forth herein. The Court hereby grants the request to lift the stay of this action as to the Individual Defendants Kevin Davis and Amir Rosenthal, but does not endorse the parties' proposed stipulation in its entirety. In particular, the Court does not endorse paragraphs 3 through 6 of this stipulation. The deadline for the Individual Defendants to answer or otherwise respond to the Second Amended Complaint is June 22, 2017. To the extent the Individual Defendants wish to move to dismiss the Second Amended Complaint, they are directed to submit a pre-motion conference letter requesting leave to do so in accordance with this Court's Individual Rule of Practice in Civil Cases 2(C) no later than June 8, 2017. The Court will establish a briefing schedule on any proposed motion to dismiss at a pre-motion conference to be scheduled following receipt of the letter. The Court will set a schedule for discovery and production of a case management plan by separate order following disposition of any motion to dismiss. SO ORDERED. (Kevin Davis answer due 6/22/2017; Amir Rosenthal answer due 6/22/2017.) (Signed by Judge Gregory H. Woods on 5/9/2017) (anc)
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Filing 108
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: Attorney Timothy J. Holland is granted leave to withdraw as counsel for Defendant Amir Rosenthal. The Clerk of Court is instructed to remove Timothy J. Holland from the list of counsel for that Defendant. SO ORDERED. (Attorney Timothy James Holland terminated.) (Signed by Judge Gregory H. Woods on 4/13/2017) (anc)
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Filing 107
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: Attorney Leslie Gordon Fagen is granted leave to withdraw as counsel for Defendant Amir Rosenthal. The Clerk of Court is instructed to remove Leslie Gordon Fagen from the list of counsel for that Defendant. SO ORDERED. (Attorney Leslie Gordon Fagen terminated.) (Signed by Judge Gregory H. Woods on 4/13/2017) (anc)
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Filing 106
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: Attorney Justin Anderson is granted leave to withdraw as counsel for Defendant Amir Rosenthal. The Clerk of Court is instructed to remove Justin Anderson from the list of counsel for that Defendant. SO ORDERED. (Attorney Justin Anderson terminated.) (Signed by Judge Gregory H. Woods on 4/13/2017) (anc)
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Filing 105
NOTICE OF APPEARANCE by Timothy Michael Haggerty on behalf of Amir Rosenthal. (Haggerty, Timothy)
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Filing 104
NOTICE OF APPEARANCE by Jason Charles Rubinstein on behalf of Amir Rosenthal. (Rubinstein, Jason)
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Filing 103
NOTICE OF APPEARANCE by Edward A. Friedman on behalf of Amir Rosenthal. (Friedman, Edward)
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Filing 102
ORDER. For the foregoing reasons, Defendants' motion is granted and the automatic stay is extended to the Individual Defendants. This action is, therefore, stayed. The stay will remain in effect until such a time as the Delaware bankruptcy court lifts the stay as to PSG, or the Court otherwise orders. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 81 and 90. SO ORDERED. Terminating #81 Motion to Dismiss; Granting #90 Motion to Extend the Automatic Stay. Case Stayed. (Signed by Judge Gregory H. Woods on 1/17/2017) (rjm)
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Case Stayed. (rjm)
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Filing 101
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Gregory H. Woods on 12/22/2016) (cla)
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Filing 100
LETTER addressed to Judge Gregory H. Woods from Justin Anderson dated December 22, 2016 re: Proposed Protective Order. Document filed by Performance Sports Group, Ltd., Amir Rosenthal. (Attachments: #1 Exhibit 1 - Proposed Protective Order, #2 Exhibit 2 - Redline - Proposed Protective Order Against Model Protective Order)(Anderson, Justin)
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Filing 99
JOINDER to join re: #98 Reply Memorandum of Law in Support of Motion to Extend Automatic Stay. Document filed by Kevin Davis.(Fishwick, Scott)
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Filing 98
REPLY MEMORANDUM OF LAW in Support re: #90 MOTION to Extend the Automatic Stay . . Document filed by Amir Rosenthal. (Fagen, Leslie)
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Filing 97
JOINDER to join re: #90 MOTION to Extend the Automatic Stay . . Document filed by Performance Sports Group, Ltd..(Fagen, Leslie)
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Filing 96
MEMORANDUM OF LAW in Opposition re: #90 MOTION to Extend the Automatic Stay . . Document filed by Plumbers & Pipefitters National Pension Fund. (Gilden, Carol)
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Filing 95
ORDER granting #93 Letter Motion for Extension of Time. Defendants' request to adjourn the deadline to respond to Plaintiffs' second amended complaint is granted. The deadline for Defendants to answer or otherwise respond to Plaintiff's second amended complaint is adjourned pending the resolution of Defendants' motion to extend the automatic stay. Dkt. No. 90. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 94
NOTICE of Joinder in Motion to Extend the Automatic Stay. Document filed by Kevin Davis. (Fishwick, Scott)
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Filing 93
LETTER MOTION for Extension of Time to Respond to the Second Amended Complaint addressed to Judge Gregory H. Woods from Justin Anderson dated November 18, 2016. Document filed by Kevin Davis, Amir Rosenthal.(Anderson, Justin)
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Filing 92
DECLARATION of Justin Anderson in Support re: #90 MOTION to Extend the Automatic Stay .. Document filed by Amir Rosenthal. (Attachments: #1 Exhibit A)(Anderson, Justin)
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Filing 91
MEMORANDUM OF LAW in Support re: #90 MOTION to Extend the Automatic Stay . . Document filed by Amir Rosenthal. (Fagen, Leslie)
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Filing 90
MOTION to Extend the Automatic Stay . Document filed by Amir Rosenthal.(Fagen, Leslie)
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Filing 89
MEMO ENDORSEMENT on re: #88 Letter, filed by Plumbers & Pipefitters National Pension Fund. ENDORSEMENT: Application granted. The Court observes, however, that the minute entry on the docket was not a Court order, staying the action; rather, it was an administrative notation referencing the suggestion of bankruptcy previously filed. The Clerk of Court is directed to remove Defendant Performance Sports Group, Ltd. from the caption of this case and to remove the notation on the docket that this action is stayed. Performance Sports Group, Ltd. terminated. (Signed by Judge Gregory H. Woods on 11/15/2016) (tro)
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Filing 88
LETTER addressed to Judge Gregory H. Woods from Steven J. Toll dated November 14, 2016 re: Lifting the Stay and Allowing the Action to Proceed Against the Non-Debtor Defendants. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A)(Toll, Steven)
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Case Stayed (as per chambers) (lb)
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Filing 87
SUGGESTION OF BANKRUPTCY upon the record as to Performance Sports Group Ltd. and Notice of Operation of Automatic Stay. Document filed by Performance Sports Group, Ltd.(Fagen, Leslie)
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Filing 86
SECOND AMENDED COMPLAINT amending #62 Amended Complaint, against Kevin Davis, Amir Rosenthal with JURY DEMAND.Document filed by Plumbers & Pipefitters National Pension Fund. Related document: #62 Amended Complaint, filed by Plumbers & Pipefitters National Pension Fund.(Toll, Steven) Modified on 11/4/2016 (dgo). Modified on 11/7/2016 (laq).
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Filing 85
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/21/16 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...(McGuirk, Kelly)
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Filing 84
TRANSCRIPT of Proceedings re: conference held on 9/21/2016 before Judge Gregory H. Woods. Court Reporter/Transcriber: Jerry Harrison, (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 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/15/2017.(McGuirk, Kelly)
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Filing 83
DECLARATION of Timothy J. Holland in Support re: #81 JOINT MOTION to Dismiss the Amended Complaint.. Document filed by Kevin Davis, Performance Sports Group, Ltd., Amir Rosenthal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fagen, Leslie)
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Filing 82
MEMORANDUM OF LAW in Support re: #81 JOINT MOTION to Dismiss the Amended Complaint. . Document filed by Kevin Davis, Performance Sports Group, Ltd., Amir Rosenthal. (Fagen, Leslie)
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Filing 81
JOINT MOTION to Dismiss the Amended Complaint. Document filed by Kevin Davis, Performance Sports Group, Ltd., Amir Rosenthal.(Fagen, Leslie)
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Filing 80
ORDER granting #79 Letter Motion for Leave to File Excess Pages. Defendants' request for leave to file a consolidated memorandum of law of no more than 40 pages is granted. Plaintiff is granted leave to file an opposition of no more than 40 pages. Defendants' reply, if any, must not exceed 20 pages. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 79
LETTER MOTION for Leave to File Excess Pages on behalf of all Defendants addressed to Judge Gregory H. Woods from Leslie Gordon Fagen dated September 27, 2016. Document filed by Performance Sports Group, Ltd., Amir Rosenthal.(Fagen, Leslie)
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Filing 78
ORDER. Defendants' requests for leave to file motions to dismiss, Dkt. Nos. 73-74, are granted. The deadline for Defendants to file and serve their motions to dismiss is October 13, 2016. Plaintiff's opposition is due within four weeks after service of Defendants' motions; Defendants' replies, if any, are due within two weeks after service of Plaintiff's opposition. (HEREBY ORDERED by Judge Gregory H. Woods on September 22, 2016) (Text Only Order)(Woods, Gregory)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/21/2016. (Court Reporter Jerry Harrison) (Daniels, Anthony)
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Filing 77
LETTER addressed to Judge Gregory H. Woods from S. Douglas Bunch dated September 20, 2016 re: Response to Defendants' requests for pre-motion conference on their anticipated motions to dismiss.. Document filed by Plumbers & Pipefitters National Pension Fund.(Rehns, Kenneth)
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Filing 75
ORDER granting #73 Letter Motion for Conference ; granting #74 Letter Motion for Conference. Defendants' requests for a pre-motion conference are granted. The Court will hold a pre-motion conference to discuss Defendants' proposed motions to dismiss on September 21, 2016 at 11:00 a.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 74
LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Leslie Gordon Fagen dated September 15, 2016. Document filed by Performance Sports Group, Ltd., Amir Rosenthal.(Fagen, Leslie)
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Filing 73
LETTER MOTION for Conference re: #62 Amended Complaint, request for pre-motion conference on anticipated motion to dismiss Plaintiffs' Consolidated Amended Class Action Complaint, addressed to Judge Gregory H. Woods from David L. Aronoff dated 9/15/2016. Document filed by Kevin Davis.(Aronoff, David)
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Filing 72
ORDER granting #69 Motion for David L. Aronoff to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 71
ORDER granting #68 Motion for Scott J. Fishwick to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 70
ORDER granting #67 Motion for Gayle I. Jenkins to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 69
MOTION for David L. Aronoff to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Aronoff, David)
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Filing 68
MOTION for Scott J. Fishwick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12685150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Fishwick, Scott)
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Filing 67
MOTION for Gayle I. Jenkins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12685082. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Jenkins, Gayle)
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Filing 66
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David L. Aronoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12684793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Davis. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Aronoff, David) Modified on 8/24/2016 (wb).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #66 MOTION for David L. Aronoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12684793. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): The wrong attorney name is on the Motion for Pro hac Vice.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #69 MOTION for David L. Aronoff to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #68 MOTION for Scott J. Fishwick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12685150. Motion and supporting papers to be reviewed by Clerk's Office staff., #67 MOTION for Gayle I. Jenkins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12685082. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) Modified on 8/24/2016 (wb).
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Filing 65
MEMO ENDORSEMENT on re: #64 Notice of Substitution of Attorney, filed by Kevin Davis. ENDORSEMENT: Application granted. Harry L. Manion III and Timothy J. Fazio of Manion Gaynor & Manning LLP and Robert A. O'Hare Jr. and Andrew C. Levitt of O'Hare Parnagian LLP are granted leave to withdraw as counsel for Defendant Kevin Davis. The Clerk of Court is instructed to remove Messrs. Manlon, Fazio, and Levitt from the list of counsel in this case. Attorney Harry L. Manion, III; Robert A. O'Hare, Jr; Timothy J Fazio and Andrew Charles Levitt terminated. (Signed by Judge Gregory H. Woods on 8/22/2016) (kko)
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Filing 64
NOTICE of Substitution of Attorney. Old Attorney: Harry L. Manion, Timothy J. Fazio, Robert A. O'Hare Jr., Andrew C. Levitt, New Attorney: Seth C. Farber, Address: Winston & Strawn LLP, 200 Park Avenue, New York, NY, USA 10166, 212-294-6700. Document filed by Kevin Davis. (Fazio, Timothy)
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Filing 63
NOTICE OF APPEARANCE by Seth C. Farber on behalf of Kevin Davis. (Farber, Seth)
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Filing 62
AMENDED COMPLAINT amending #2 Complaint against Kevin Davis, Performance Sports Group, Ltd., Amir Rosenthal with JURY DEMAND.Document filed by Plumbers & Pipefitters National Pension Fund. Related document: #2 Complaint filed by Juan Francisco Nieves.(Toll, Steven)
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Filing 61
NOTICE OF APPEARANCE by Robert A. O'Hare, Jr on behalf of Kevin Davis. (O'Hare, Robert)
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Filing 60
NOTICE OF APPEARANCE by Andrew Charles Levitt on behalf of Kevin Davis. (Levitt, Andrew)
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Filing 59
STIPULATED SCHEDULING ORDER: NOW, THEREFORE, it is hereby stipulated and agreed, by and between the undersigned counsel for the parties in the Action, subject to the approval of this Court, as follows: 1. Defendants need not respond to the initial complaint filed in this Action. 2. Lead Plaintiff shall file an amended class action complaint on or before forty-five (45) days from today, or by August 15, 2016. 3. Defendants shall serve and file answers to the amended complaint and/or motions to dismiss by forty-five (45) days from the date of the filing of Lead Plaintiff's amended complaint, or by September 29, 2016. 5. If the Court denies Defendants' motions to dismiss, the Parties shall meet and confer pursuant to Fed. R. Civ. P. 26(f) and shall submit a Proposed Civil Case Management Plan and Scheduling Order in the form available on the Court's website within fourteen (14) days of entry of the Court's order denying the motions. The Court adopts the parties' proposed schedule as set forth above, with the exception of paragraph 4. If Defendants wish to file a motion to dismiss the amended complaint, they are directed to comply with Rule 1(C) of the Court's Individual Rules of Practice in Civil Cases and file a pre-motion conference letter no later than 14 days prior to the deadline for filing such motions. The Court will set a briefing schedule for any motion to dismiss at the pre-motion conference. The initial pretrial conference scheduled for July 19, 2016 is adjourned sine die. Amended Pleadings due by 8/15/2016. Motions due by 9/29/2016. Responses due by 11/14/2016 Replies due by 12/5/2016. (Signed by Judge Gregory H. Woods on 6/29/2016) (mro) Modified on 7/1/2016 (tro).
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Filing 58
ORDER granting #53 Motion for Steven J. Toll to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 57
LETTER addressed to Judge Gregory H. Woods from S. Douglas Bunch dated June 29, 2016 re: [Proposed] Stipulated Scheduling Order. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Text of Proposed Order)(Rehns, Kenneth)
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Filing 56
NOTICE OF CHANGE OF ADDRESS by Timothy J Fazio on behalf of Kevin Davis. New Address: Manion Gaynor & Manning LLP, 125 High Street, Boston, MA, 02110, 617-670-8800. (Fazio, Timothy)
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Filing 55
NOTICE OF CHANGE OF ADDRESS by Harry L. Manion, III on behalf of Kevin Davis. New Address: Manion Gaynor & Manning LLP, 125 High Street, Boston, MA, 02110, (617)670-8800. (Manion, Harry)
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Filing 54
WAIVER OF SERVICE RETURNED EXECUTED. Kevin Davis waiver sent on 6/28/2016, answer due 8/29/2016. Document filed by Plumbers & Pipefitters National Pension Fund. (Rehns, Kenneth)
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Filing 53
MOTION for Steven J. Toll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12475456. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Plumbers & Pipefitters National Pension Fund.(Toll, Steven)
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Filing 52
NOTICE OF APPEARANCE by Harry L. Manion, III on behalf of Kevin Davis. (Manion, Harry)
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Filing 51
NOTICE OF APPEARANCE by Timothy J Fazio on behalf of Kevin Davis. (Fazio, Timothy)
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Filing 50
SUMMONS RETURNED EXECUTED. Mark Vendetti served on 6/22/2016, answer due 7/13/2016. Service was accepted by Michelle Hanson, Deputy General Counsel. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen)
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Filing 49
SUMMONS RETURNED EXECUTED. Amir Rosenthal served on 6/22/2016, answer due 7/13/2016. Service was accepted by Michelle Hanson, Deputy General Counsel. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen)
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Filing 48
SUMMONS RETURNED EXECUTED. Performance Sports Group, Ltd. served on 6/22/2016, answer due 7/22/2016. Service was accepted by Angela Bass, Director of Human Resources. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Steven J. Toll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12475456. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 47
ORDER granting in part and denying in part #46 Letter Motion for Extension of Time to Answer. Application granted in part. Defendant Performance Sports Group, Ltd.'s deadline to answer or otherwise respond to the complaint is extended to July 22, 2016. The Court observes that, as of the date of this order, lead plaintiff has not made an application for leave to file an amended complaint. Plaintiff is directed to serve a copy of this order on any defendant not represented by counsel and to retain proof of service. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 46. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/27/2016) (kl)
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Set/Reset Deadlines: Performance Sports Group, Ltd. answer due 7/22/2016. (kl)
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Filing 46
LETTER MOTION for Extension of Time to File Answer re: #2 Complaint addressed to Judge Gregory H. Woods from Justin Anderson dated June 27, 2016. Document filed by Performance Sports Group, Ltd., Amir Rosenthal, Mark Vendetti.(Anderson, Justin)
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Filing 45
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Power Corporation of Canada, Other Affiliate Sagard Capital Partners, L.P. for Performance Sports Group, Ltd.. Document filed by Performance Sports Group, Ltd..(Fagen, Leslie)
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Filing 44
ORDER granting #43 Motion for Justin A. Anderson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #43 MOTION for Justin A. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12459721. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 43
MOTION for Justin A. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12459721. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Performance Sports Group, Ltd., Amir Rosenthal, Mark Vendetti. (Attachments: #1 COGS - DC, #2 COGS - CA, #3 Text of Proposed Order)(Anderson, Justin)
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Filing 42
NOTICE OF APPEARANCE by Timothy James Holland on behalf of Performance Sports Group, Ltd., Amir Rosenthal, Mark Vendetti. (Holland, Timothy)
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Filing 41
NOTICE OF APPEARANCE by Leslie Gordon Fagen on behalf of Performance Sports Group, Ltd., Amir Rosenthal, Mark Vendetti. (Fagen, Leslie)
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Filing 40
ORDER granting #39 Motion for Carol V. Gilden to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 39
MOTION for CAROL V. GILDEN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12444595. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Plumbers & Pipefitters National Pension Fund.(Gilden, Carol)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for CAROL V. GILDEN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12444595. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 38
NOTICE OF APPEARANCE by Kenneth Mark Rehns on behalf of Plumbers & Pipefitters National Pension Fund. (Rehns, Kenneth)
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Filing 37
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/19/2016 at 03:30 PM in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 6/17/2016) (mro)
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Filing 36
ELECTRONIC AMENDED SUMMONS ISSUED as to Mark Vendetti. (pc)
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Filing 35
ELECTRONIC AMENDED SUMMONS ISSUED as to Kevin Davis. (pc)
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Filing 34
ELECTRONIC AMENDED SUMMONS ISSUED as to Amir Rosenthal. (pc)
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Filing 33
ELECTRONIC AMENDED SUMMONS ISSUED as to Performance Sports Group, Ltd.. (pc)
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Filing 32
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Mark Vendetti, re: #2 Complaint. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen)
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Filing 31
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Amir Rosenthal, re: #2 Complaint. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen)
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Filing 30
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Kevin Davis, re: #2 Complaint. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen)
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Filing 29
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Performance Sports Group Ltd., re: #2 Complaint. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #28 Request for Issuance of Summons, #27 Request for Issuance of Summons, #25 Request for Issuance of Summons, #26 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; These parties were already issued summons. These parties will require an amended summons. Please include the word "Amended" next to "Summons in a Civil Action". Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 28
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Mark Vendetti, re: #2 Complaint. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen) Modified on 6/14/2016 (pc).
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Filing 27
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Amir Rosenthal, re: #2 Complaint. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen) Modified on 6/14/2016 (pc).
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Filing 26
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Kevin Davis, re: #2 Complaint. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen) Modified on 6/14/2016 (pc).
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Filing 25
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Performance Sports Group Ltd., re: #2 Complaint. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen) Modified on 6/14/2016 (pc).
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Filing 24
ORDER terminating #6 Motion to Appoint Lead Plaintiff; terminating #6 Motion to Appoint Counsel; granting #8 Motion to Appoint Plumbers & Pipefitters National Pension Fund as Lead Plaintiff(s); granting #8 Motion to Appoint Counsel. Having considered the provisions of Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. 78u-4(a)(3)(B), the Court hereby determines that Plumbers & Pipefitters is the most adequate plaintiff and satisfies the requirements of the PSLRA. The Court hereby appoints Plumbers & Pipefitters as Lead Plaintiff to represent the interests of the class in this Action. 3. Pursuant to Section 21D(a)(3)(B)(v) of the Exchange Act, 15 U.S.C. 78u-4(a)(3)(B)(v), Plumbers & Pipefitters has selected and retained the law firm of Cohen Milstein Sellers & Toll PLLC to serve as Lead Counsel. The Court approves Movant's selection of Lead Counsel for this Action. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 6, 8. Movant is directed to serve a copy of this order on the defendants and to retain proof of service. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 6/7/2016) (kko)
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Filing 23
LETTER addressed to Judge Gregory H. Woods from S. Douglas Bunch dated June 3, 2016 re: Proposed Order. Document filed by Plumbers & Pipefitters National Pension Fund.(Bunch, Stephen)
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Filing 22
ORDER: Accordingly, Plaintiff Plumbers & Pipefitters is directed to submit a form of order granting its motion for its appointment as lead plaintiff, and the appointment of Plumbers & Pipefitters' counsel as lead counsel no later than June 3, 2016. Plumbers & Pipefitters should include the form of order as an attachment to a letter filed via ECF and submit a Word version of that order by email to the Court's Chambers email account (WoodsNYSDChambers@nysd.uscourts.gov). (Signed by Judge Gregory H. Woods on 6/1/2016) (kko)
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Filing 21
NOTICE of Non-Opposition re: #8 MOTION to Appoint Plumbers & Pipefitters National Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen)
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Filing 20
NOTICE of Non Opposition to Competing Lead Plaintiff Motion. Document filed by Juan Francisco Nieves. (Kim, Phillip)
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Filing 19
ORDER: On May 17, 2016, members of the purported class in Nieves v. Performance Sports Grp., Ltd., et al., 16-cv-3591-GHW, filed motions to serve as lead plaintiff. Responses to the motions may be filed no later than May 30, 2016. Replies, if any, may be filed no later than June 3, 2016. Set Deadlines/Hearing as to #8 MOTION to Appoint Plumbers & Pipefitters National Pension Fund to serve as lead plaintiff(s), MOTION to Appoint Counsel; #6 MOTION to Appoint Lead Plaintiff, MOTION to Appoint Counsel: (Responses due by 5/30/2016, Replies due by 6/3/2016.) (Signed by Judge Gregory H. Woods on 5/23/2016) (kko)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Amir Rosenthal. (pc)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Mark Vendetti. (pc)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Kevin Davis. (pc)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Performance Sports Group, Ltd.. (pc)
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to Amir Rosenthal, re: #2 Complaint. Document filed by Juan Francisco Nieves. (Bronstein, Peretz)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Mark Vendetti, re: #2 Complaint. Document filed by Juan Francisco Nieves. (Bronstein, Peretz)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Kevin Davis, re: #2 Complaint. Document filed by Juan Francisco Nieves. (Bronstein, Peretz)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Performance Sports Group, Ltd., re: #2 Complaint. Document filed by Juan Francisco Nieves. (Bronstein, Peretz)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peretz Bronstein to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. IF REQUESTING MULTIPLE SUMMONS, YOU MUST MAKE SEPARATE FILING REQUESTS. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq)
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Filing 10
DECLARATION of S. Douglas Bunch in Support re: #8 MOTION to Appoint Plumbers & Pipefitters National Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Plumbers & Pipefitters National Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bunch, Stephen)
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Filing 9
MEMORANDUM OF LAW in Support re: #8 MOTION to Appoint Plumbers & Pipefitters National Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Plumbers & Pipefitters National Pension Fund. (Bunch, Stephen)
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Filing 8
MOTION to Appoint Plumbers & Pipefitters National Pension Fund to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Plumbers & Pipefitters National Pension Fund.(Bunch, Stephen)
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Filing 7
MEMORANDUM OF LAW in Support re: #6 MOTION to Appoint Lead Plaintiff. MOTION to Appoint Counsel . . Document filed by Juan Francisco Nieves. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kim, Phillip)
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Filing 6
MOTION to Appoint Lead Plaintiff., MOTION to Appoint Counsel . Document filed by Juan Francisco Nieves. (Attachments: #1 Text of Proposed Order)(Kim, Phillip)
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Filing 5
FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Performance Sports Group, Ltd., Kevin Davis, Mark Vendetti and Amir Rosenthal, re: #2 Complaint. Document filed by Juan Francisco Nieves. (Bronstein, Peretz) Modified on 5/18/2016 (laq).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): No parties were listed on the summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 4
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Performance Sports Group, Ltd., Kevin Davis, Mark Vendetti and Amir Rosenthal, re: #2 Complaint. Document filed by Juan Francisco Nieves. (Bronstein, Peretz) Modified on 5/17/2016 (pc).
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Filing 3
CIVIL COVER SHEET filed. (Bronstein, Peretz)
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Filing 2
COMPLAINT against Kevin Davis, Performance Sports Group, Ltd., Amir Rosenthal, Mark Vendetti. Document filed by Juan Francisco Nieves.(Bronstein, Peretz)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peretz Bronstein to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dgo)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Peretz Bronstein. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peretz Bronstein. The party information for the following party/parties has been modified: Juan Francisco Nieves. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (dgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo)
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Case Designated ECF. (dgo)
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Magistrate Judge Henry B. Pitman is so designated. (dgo)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-12300336)Document filed by Juan Francisco Nieves.(Bronstein, Peretz) Modified on 5/16/2016 (dgo).
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