Horowitz v. SunEdison, Inc. et al
Plaintiff: Horowitz, Municipal Employees Retirement System of Michigan, ERISA Plaintiffs, The Zecher Family Group, Robert Kunz, Dina Horowitz and Kenneth J. Moodie
Defendant: SunEdison, Inc, Deutsche Bank Securities Inc., Emmanuel Hernandez, MCS Capital Markets, LLC, Goldman Sachs & Co, Randy H. Zwirn, J.P Morgan Securities LLC, KPMG L.L.P., Steven V Tesoriere, Clayton C. Daley, Jr., Georganne Proctor, Morgan Stanley & Co L.L.C., Antonio Alvarez, SUNEDISON, INC., Macquarie Capital (USA) Inc., Brian Wuebbels, Ahmad Chatila, Peter Blackmore, James B. Williams and Merrill Lynch Pierce Fenner & Smith Inc
Petitioner: Cameron Braithwaite, Jerome Thissen, KBC Asset Management N.V., Scott Kroeker, Steve Wiegele, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Kim Kyung Boum, Andrew C. Newman, Ankur Dadoo and Victoriano V. Fernandez
3Rd Party Defendant: Paul Hastings LLP
Case Number: 1:2016cv07917
Filed: October 11, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: P Kevin Castel
Nature of Suit: Securities/Commodities
Cause of Action: 28 U.S.C. § 1331 sv
Jury Demanded By: Both
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Docket Report

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Date Filed Document Text
April 12, 2019 Opinion or Order Filing 312 STIPULATION AND SCHEDULING ORDER: NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the parties hereto, that: (1) The deadline for completion of expert discovery, including expert depositions, shall be May 31, 2019; (2) The deadline for Defendants to file their motions for summary judgment shall be July 19, 2019; (3) The deadline for Plaintiffs to file their oppositions to Defendants' motions for summary judgment shall be August 23, 2019; (4) The deadline for Defendants to file reply memoranda in support of their summary judgment motions shall be September 13, 2019; and (5) The Final Pretrial Submissions are deferred to a date to be set by the court. (Deposition due by 5/31/2019. Expert Discovery due by 5/31/2019. Motions due by 7/19/2019. Responses due by 8/23/2019. Replies due by 9/13/2019.) (Signed by Judge P. Kevin Castel on 4/12/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
April 11, 2019 Filing 311 PROPOSED STIPULATION AND ORDER. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Lewis, Daniel)
March 21, 2019 Filing 310 MEMO ENDORSEMENT on re: (598 in 1:16-md-02742-PKC, 309 in 1:16-cv-07917-PKC) Letter, filed by Municipal Employees' Retirement System of Michigan. ENDORSEMENT: At face value and on a preliminary basis, the proposed method appears reasonable and the best notice practicable. (Signed by Judge P. Kevin Castel on 3/21/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
March 20, 2019 Filing 309 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 20, 2019 re: Notice to Class. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
March 14, 2019 Filing 308 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 14, 2019 re: Plaintiffs' response to Defendant's March 7, 2019 pre-motion letter to the Court. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 27, #2 Exhibit 28, #3 Exhibit 29, #4 Exhibit 30, #5 Exhibit 31, #6 Exhibit 32, #7 Exhibit 33, #8 Exhibit 34, #9 Exhibit 35, #10 Exhibit 36, #11 Exhibit 37, #12 Exhibit 38, #13 Exhibit 39, #14 Exhibit 40, #15 Exhibit 41, #16 Exhibit 42, #17 Exhibit 43, #18 Exhibit 44, #19 Exhibit 45, #20 Exhibit 46, #21 Exhibit 47, #22 Exhibit 48, #23 Exhibit 49, #24 Exhibit 50, #25 Exhibit 51, #26 Exhibit 52, #27 Exhibit 53, #28 Exhibit 54, #29 Exhibit 55, #30 Exhibit 56, #31 Exhibit 57, #32 Exhibit 58, #33 Exhibit 59, #34 Exhibit 60, #35 Exhibit 61, #36 Exhibit 62, #37 Exhibit 63, #38 Exhibit 64, #39 Exhibit 65, #40 Exhibit 66, #41 Exhibit 67, #42 Exhibit 68, #43 Exhibit 69, #44 Exhibit 70, #45 Exhibit 71, #46 Exhibit 72, #47 Exhibit 73, #48 Exhibit 74, #49 Exhibit 75, #50 Exhibit 76, #51 Exhibit 77, #52 Exhibit 78, #53 Exhibit 79, #54 Exhibit 80, #55 Exhibit 81, #56 Exhibit 82, #57 Exhibit 83, #58 Exhibit 84, #59 Exhibit 85, #60 Exhibit 86, #61 Exhibit 87, #62 Exhibit 88, #63 Exhibit 89, #64 Exhibit 90, #65 Exhibit 91, #66 Exhibit 92, #67 Exhibit 93, #68 Exhibit 94, #69 Exhibit 95, #70 Exhibit 96, #71 Exhibit 97, #72 Exhibit 98, #73 Exhibit 99, #74 Exhibit 100, #75 Exhibit 101, #76 Exhibit 102, #77 Exhibit 103, #78 Exhibit 104, #79 Exhibit 105, #80 Exhibit 106, #81 Exhibit 107)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
March 14, 2019 Filing 307 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 14, 2019 re: Plaintiffs' response to Defendant Ahmad Chatila's March 7, 2019 pre-motion letter to the Court. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
March 8, 2019 Filing 306 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated March 7, 2019 re: Pre-Motion Letter. Document filed by Deutsche Bank Securities Inc., Goldman Sachs & Co, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C..(Hakki, Adam)
March 7, 2019 Filing 305 LETTER addressed to Judge P. Kevin Castel from David H. Fry and Joel M. Cohen dated March 7, 2019 re: Pre-Motion Letter. Document filed by Ahmad Chatila, Brian Wuebbels.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Fry, David)
March 7, 2019 Filing 304 LETTER addressed to Judge P. Kevin Castel from Joel M. Cohen dated March 7, 2019 re: Pre-Motion Letter. Document filed by Ahmad Chatila. (Attachments: #1 Exhibit A- Bloomberg Article, #2 Exhibit B- Board Presentation, #3 Exhibit C- Chatila Transcript Excerpts, #4 Exhibit D- Tesoriere Transcript Excerpts, #5 Exhibit E- August Presentation, #6 Exhibit F- 2015 10-Q, #7 Exhibit G- 2014 10-K)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Cohen, Joel)
March 7, 2019 Filing 303 JOINT LETTER addressed to Judge P. Kevin Castel from James H.R. Windels, Timothy Perla and Richard A. Rosen dated March 7, 2019 re: Independent Directors' Pre-Motion Letter. Document filed by Antonio R. Alvarez, Peter Blackmore, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Windels, James)
March 5, 2019 Filing 302 MEMO ENDORSEMENT on re: (300 in 1:16-cv-07917-PKC, 587 in 1:16-md-02742-PKC) Letter filed by Municipal Employees Retirement System of Michigan. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 3/5/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
March 4, 2019 Filing 301 NOTICE of Opt-Out of Securities Act Subclass. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Herman, Dennis)
March 4, 2019 Filing 300 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 4, 2019 Document filed by Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
February 22, 2019 Filing 299 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated February 22, 2019 re: Response to Plaintiffs' Letter (ECF 575). Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Deutsche Bank Securities Inc., Goldman Sachs & Co, J.P Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C.. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam)
February 21, 2019 Filing 298 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated February 21, 2019 Document filed by Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
February 21, 2019 Filing 297 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 21, 2019 re: Requesting Extension re Premotion Letters. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
February 15, 2019 Filing 296 NOTICE OF APPEARANCE by Thomas Andrew Paskowitz on behalf of Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, Randy H. Zwirn, Jeremy Avenier, Matthew Martin, Phelps Morris, James Welsh, Clayton Daley, Jr, Steven Tseoriere, Antonio Alvarez. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Paskowitz, Thomas)
February 11, 2019 Opinion or Order Filing 295 ORDER CERTIFYING THE CLASS AND APPROVING NOTICE AND SUMMARY NOTICE OF PENDENCY OF CLASS ACTION: NOW, THEREFORE, IT IS HEREBY ORDERED that: 1. The certified Class shall comprise two certified subclasses, which shall consist of: (1) all persons and entities who purchased or otherwise acquired shares of SunEdison common stock between September 2, 2015 and April 4, 2016 (the "Exchange Act Class Period"), and were damaged thereby (the "Exchange Act Subclass"); and (2) all persons and entities who purchased or otherwise acquired shares of SunEdison preferred stock pursuant or traceable to the Preferred Offering between August 18, 2015 and November 9, 2015, inclusive (the "Securities Act Class Period"), and were damaged thereby (the "Securities Act Subclass"), and as further set forth in this order. (Signed by Judge P. Kevin Castel on 2/11/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
February 8, 2019 Filing 294 LETTER addressed to Judge P. Kevin Castel from Salvatore Graziano dated February 8, 2019 re: recent discovery developments concering Plaintiffs' Motion to Compel Paul Hastings. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit AA, #2 Exhibit V, #3 Exhibit W, #4 Exhibit X, #5 Exhibit Y, #6 Exhibit Z)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
January 29, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (293 in 1:16-cv-07917-PKC, 565 in 1:16-md-02742-PKC) Proposed Order, was reviewed and approved as to form. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(dt)
January 28, 2019 Filing 293 PROPOSED ORDER. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Related Document Number: 549 . (Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff.
January 28, 2019 Pro Hac Vice Fee Payment: for (563 in 1:16-md-02742-PKC) MOTION for Esteban Martin Estrada to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number NYSDC-16252183.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Estrada, Esteban)
January 23, 2019 Filing 292 LETTER addressed to Judge P. Kevin Castel from Brian P. Moran dated January 23, 2019 re: Clarification of situation with respect to opposition to Plaintiffs' motion to compel further production of documents. Document filed by Paul Hastings LLP.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Moran, Brian)
January 22, 2019 Filing 291 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Daniel C. Lewis dated January 22, 2019. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Lewis, Daniel)
January 22, 2019 Filing 290 DECLARATION of Adam D. Hollander in Support re: (282 in 1:16-cv-07917-PKC) LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018.. Document filed by Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit 1 - Declaration of Adam D. Hollander [Redacted], #2 Exhibit 2 - Declaration of Adam D. Hollander [Redacted], #3 Exhibit 3 - Declaration of Adam D. Hollander [Redacted])Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
January 22, 2019 Filing 289 REPLY MEMORANDUM OF LAW in Support re: (282 in 1:16-cv-07917-PKC) LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018. [Redacted]. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit Q [Redacted], #2 Exhibit R [Redacted], #3 Exhibit S [Redacted], #4 Exhibit T [Redacted], #5 Exhibit U [Redacted])Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
January 7, 2019 Opinion or Order Filing 288 ORDER ON SEALING granting in part and denying in part (418) Motion to Seal in case 1:16-md-02742-PKC: The Underwriter Defendants' motion to file under seal is granted in part and denied in part. The Clerk is directed to terminate the motion. (16 md 2742, Docket # 418.) Any party wishing to file a motion to seal any document filed in connection with the motion for class certification shall do so no later than January 22, 2019. (Signed by Judge P. Kevin Castel on 1/7/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
January 7, 2019 Opinion or Order Filing 287 OPINION AND ORDER re: (387 in 1:16-md-02742-PKC, 193 in 1:16-cv-07917-PKC) MOTION to Certify Class filed by Municipal Employees' Retirement System of Michigan. The motion for class certification is GRANTED. The proposed class is modified to consist of two subclasses. The Securities Act class consists of all persons or entities who purchased shares of preferred stock pursuant or traceable to the Preferred Offering between August 18, 2015 and November 9, 2015 and were damaged thereby. ATRS is approved as class representative of the Securities Act class. The Exchange Act class consists of persons or entities who purchased or otherwise acquired common stock in SunEdison between September 2, 2015 and April 4, 2016 and were damaged thereby. MERS is approved as class representative of the Exchange Act class. Bernstein Litowitz Berger & Grossman LLP is appointed as class counsel for each of the subclasses. Class counsel shall submit a proposed Order within 21 days certifying the two subclasses and proposing a notice to the class and means of dissemination consistent with Rule 23. The Clerk is directed to terminate the motion. (16 Civ. 7917, Docket # 193; 16 MD 2742, Docket # 387.) SO ORDERED. (Signed by Judge P. Kevin Castel on 1/7/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(ne)
January 7, 2019 Set/Reset Deadlines: Motions due by 1/22/2019. Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
January 3, 2019 Opinion or Order Filing 286 ORDER: Plaintiffs' letter of December 20, 2018 is deemed a motion, pursuant to Rule 45, Fed. R. Civ. P., to compel non-party witness Paul Hastings LLP to produce certain documents. Paul Hastings LLP-and any interested party-shall fully respond to the motion by January 15, 2019 and may annex one or more affidavits and a copy of the privilege log required by Local Civil Rule 26.2. Plaintiffs may reply by January 22, 2019. (Set Deadlines/Hearing as to (533 in 1:16-md-02742-PKC, 282 in 1:16-cv-07917-PKC) LETTER MOTION to Compel: Responses due by 1/15/2019, Replies due by 1/22/2019.) (Signed by Judge P. Kevin Castel on 1/3/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
December 28, 2018 Filing 285 DECLARATION of Peter M. Stone in Opposition re: #282 LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018.. Document filed by Paul Hastings LLP. (Moran, Brian)
December 28, 2018 Filing 284 DECLARATION of Lisa Popovich in Opposition re: #282 LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018.. Document filed by Paul Hastings LLP. (Attachments: #1 Exhibit A (Redacted))(Moran, Brian)
December 28, 2018 Filing 283 MEMORANDUM OF LAW in Opposition re: #282 LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018. . Document filed by Paul Hastings LLP. (Moran, Brian)
December 20, 2018 Filing 282 LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018. Document filed by Municipal Employees' Retirement System of Michigan. (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
December 11, 2018 Filing 281 PROPOSED ORDER. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Related Document Number: 528 . (Lewis, Daniel) Proposed Order to be reviewed by Clerk's Office staff.
December 11, 2018 Filing 280 MEMORANDUM OF LAW in Support re: (528 in 1:16-md-02742-PKC, 279 in 1:16-cv-07917-PKC) MOTION to Seal Document . . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Lewis, Daniel)
December 11, 2018 Filing 279 MOTION to Seal Document . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Lewis, Daniel)
December 11, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (281 in 1:16-cv-07917-PKC, 530 in 1:16-md-02742-PKC) Proposed Order, was reviewed and approved as to form. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(dt)
November 29, 2018 Filing 278 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated November 29, 2018 re: Response to Plaintiffs' November 26, 2018 Letter. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
November 29, 2018 Filing 277 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated November 29, 2018 re: Response to Letter dated November 26, 2018 RE Recent Developments. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Deutsche Bank Securities Inc., Goldman Sachs & Co, J.P Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam)
November 26, 2018 Filing 276 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 11/26/2018 re: Recent Evidentiary Developments Relevant to Plaintiffs' Pending Motion for Class Certification. Document filed by Municipal Employees' Retirement System of Michigan. (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
November 15, 2018 Opinion or Order Filing 275 STIPULATION AND SCHEDULING ORDER: NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the parties hereto, that: (1) The deadline for fact discovery to be completed shall be February 8, 2019, provided, however, that the deadline to complete fact depositions of Underwriter Defendants (other than the deposition of one additional witness from Goldman Sachs & Co. LLC to be taken in his personal capacity) will remain November 16, 2018. (2) With regard to expert discovery and depositions, (a) the parties shall file opening expert reports on or before March 1, 2019; (b) the parties shall file rebuttal expert reports on or before March 29, 2019; and (c) expert discovery shall be completed by April 26, 2019. The next conference will be February 22, 2019 at 2pm. (Expert Discovery due by 4/26/2019. Fact Discovery due by 2/8/2019. Status Conference set for 2/22/2019 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/14/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
November 14, 2018 Filing 274 PROPOSED STIPULATION AND ORDER. Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore)
November 14, 2018 Filing 273 PROPOSED STIPULATION AND ORDER. Document filed by Municipal Employees Retirement System of Michigan. (Graziano, Salvatore)
October 23, 2018 Filing 272 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 10/18/2018 re: Recent Developments. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
October 23, 2018 Filing 271 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 09/13/2018 re: Discovery Dispute. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
October 22, 2018 Filing 270 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated October 19, 2018 re: Response to Plaintiffs' October 18, 2018 Letter. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
October 22, 2018 Filing 269 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated September 19, 2018 re: in response to Plaintiffs' September 13, 2018 letter requesting a discovery conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
October 22, 2018 Minute Entry for proceedings held before Judge P. Kevin Castel: Discovery Hearing held on 10/22/2018, Motion(s) terminated: (478 in 1:16-md-02742-PKC, 254 in 1:16-cv-07917-PKC) MOTION for Leave to File Under Seal Certain Materials is DENIED (filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn, (99 in 1:16-mc-02742-PKC) MOTION for Leave to File Under Seal Certain Materials is DENIED (filed by SunEdison, Inc. Securities Class Action Defendants). The parties shall re-file their letter-briefs without redaction. See transcript. (Court Reporter Rebecca Forman) (Nacanther, Florence)
October 19, 2018 Filing 268 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated October 19, 2018 re: Response to Plaintiffs' October 18, 2018 Letter. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
October 19, 2018 Filing 267 NOTICE OF APPEARANCE by Elizabeth Johnson Stewart on behalf of Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Stewart, Elizabeth)
October 18, 2018 Filing 266 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 10/18/2018 re: Recent Developments. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
October 18, 2018 Opinion or Order Filing 265 ORDER granting #264 Motion for Sierra Shear to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
October 17, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #264 MOTION for Sierra Shear to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15757356. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 16, 2018 Filing 264 MOTION for Sierra Shear to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-15757356. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peter Blackmore. (Attachments: #1 Declaration in Support of Motion, #2 Certificate of Good Standing- Massachusetts, #3 Certificate of Good Standing- New York, #4 Certificate of Good Standing- District of Columbia, #5 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Shear, Sierra)
October 11, 2018 Filing 263 MEMO ENDORSEMENT on re: (261 in 1:16-cv-07917-PKC) Letter filed by Brian Wuebbels. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 10/11/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
October 11, 2018 Opinion or Order Filing 262 ORDER: There are currently two pretrial conferences scheduled for this case, one on October 22, 2018 at 12 p.m. to address the parties' ongoing discovery disputes, and a previously scheduled status conference of October 26, 2018 at 11 a.m. The conference of October 26 is vacated. The October 22 conference will serve as both a status conference and the parties' opportunity to be heard as to their discovery disputes. (Signed by Judge P. Kevin Castel on 10/11/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
October 10, 2018 Filing 261 LETTER addressed to Judge P. Kevin Castel from David H. Fry dated 10/10/2018 re: Telephonic Appearance for October 22, 2018 discovery conference. Document filed by Brian Wuebbels.(Fry, David)
October 9, 2018 Opinion or Order Filing 260 ORDER granting (297) Motion to Withdraw as Attorney; granting (166) Motion to Withdraw as Attorney. The application of Jessica E. Morrison to withdraw as counsel for Defendant KPMG LLP in the above captioned matter is hereby GRANTED, and the clerk is ordered to reflect on the docket the termination of attorney Jessica E. Morrison as counsel of record for KPMG LLP. (Attorney Jessica Erin Morrison terminated in case 1:16-cv-07917-PKC/1:16-md-02742-PKC) (Signed by Judge P. Kevin Castel on 10/5/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
October 9, 2018 Opinion or Order Filing 259 ORDER granting (296) Motion to Withdraw as Attorney; granting (165) Motion to Withdraw as Attorney: The application of Franklin D. Annand to withdraw as counsel for Defendant KPMG LLP in the above captioned matter is hereby GRANTED, and the clerk is ordered to reflect on the docket the termination of attorney Franklin D. Annand as counsel of record for KPMG LLP. (Attorney Franklin Darley Annand terminated in case 1:16-cv-07917-PKC/1:16-md-02742-PKC) (Signed by Judge P. Kevin Castel on 10/5/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
October 3, 2018 Opinion or Order Filing 258 ORDER: The Court has received the plaintiffs letter-motion of September 13, 2018 and the letter of the D&O defendants dated September 19, 2018. There will be a pretrial conference regarding the parties discovery dispute on October 22, 2018 at 12 p.m. SO ORDERED. (Pretrial Conference set for 10/22/2018 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/3/2018) (jca)
October 2, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (481 in 1:16-md-02742-PKC, 257 in 1:16-cv-07917-PKC) Proposed Order, was reviewed and approved as to form. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(dt)
October 1, 2018 Filing 257 PROPOSED ORDER. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Related Document Number: 478 . (Brody, Sara) Proposed Order to be reviewed by Clerk's Office staff.
October 1, 2018 Filing 256 DECLARATION of James H.R. Windels in Support re: (254 in 1:16-cv-07917-PKC) MOTION for Leave to File Under Seal Certain Materials .. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
October 1, 2018 Filing 255 MEMORANDUM OF LAW in Support re: (254 in 1:16-cv-07917-PKC) MOTION for Leave to File Under Seal Certain Materials . . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
October 1, 2018 Filing 254 MOTION for Leave to File Under Seal Certain Materials . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
September 25, 2018 Filing 253 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 09/25/2018 re: September 24, 2018 Order. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
September 24, 2018 Filing 252 DECLARATION of Kevin Gold in Opposition re: (193 in 1:16-cv-07917-PKC, 387 in 1:16-md-02742-PKC) MOTION to Certify Class .. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam)
September 24, 2018 Filing 251 DECLARATION of Daniel C. Lewis in Opposition re: (193 in 1:16-cv-07917-PKC, 387 in 1:16-md-02742-PKC) MOTION to Certify Class .. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (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)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam)
September 24, 2018 Filing 250 REPLY MEMORANDUM OF LAW in Opposition re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class . / Defendants' Sur-Rebuttal in Opposition to Motion for Class Certification of Securities Act Claims. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam)
September 24, 2018 Opinion or Order Filing 249 ORDER: granting (470) Letter Motion for Leave to File Document in case 1:16-md-02742-PKC; granting (248) Letter Motion for Leave to File Document in case 1:16-cv-07917-PKC. Leave to file sur-reply is GRANTED. Plaintiffs may file a sur-sur reply and then defendants a sur-sur-sur reply and the plaintiffs a sur-sur-sur-sur reply, the process will continue until October 31 or the clients or lawyers come to their senses and end the madness. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/24/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (ama)
September 21, 2018 Filing 248 LETTER MOTION for Leave to File sur-reply addressed to Judge P. Kevin Castel from Adam S. Hakki dated September 21, 2018. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit A - Sur-Reply, #2 Exhibit B - Supplemental Declaration of Daniel C. Lewis (Redacted), #3 Exhibit C - Supplemental Declaration of Kevin Gold (Redacted))Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam)
September 19, 2018 Filing 247 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated September 19, 2018 re: in response to Plaintiffs September 13, 2018 letter requesting a discovery conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
September 19, 2018 Opinion or Order Filing 246 ORDER granting #245 Motion for Skylar D. Brooks to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
September 19, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (245 in 1:16-cv-07917-PKC, 467 in 1:16-md-02742-PKC) MOTION for Skylar D. Brooks 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. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(wb)
September 18, 2018 Filing 245 MOTION for Skylar D. Brooks to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Wuebbels.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brooks, Skylar)
September 13, 2018 Filing 244 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 09/13/2018 re: Discovery Dispute. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
September 12, 2018 Opinion or Order Filing 243 ORDER granting #242 Motion for David Halleck Fry to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
September 12, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #242 MOTION for David Halleck Fry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15556027. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 11, 2018 Filing 242 MOTION for David Halleck Fry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15556027. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Wuebbels. (Attachments: #1 Affidavit of David H. Fry in support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order)(Fry, David)
September 7, 2018 Opinion or Order Filing 241 MEMO ENDORSEMENT on re: (238 in 1:16-cv-07917-PKC, 456 in 1:16-md-02742-PKC) MOTION for the Issuance of International Letter of Request filed by Municipal Employees' Retirement System of Michigan. ENDORSEMENT: SO ORDERED. (Signed by Judge P. Kevin Castel on 9/6/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(mro) Transmission to Orders and Judgments Clerk for processing.
September 7, 2018 Opinion or Order Filing 240 ORDER GRANTING APPLICATION FOR ISSUANCE OF INTERNATIONAL LETTER OF REQUEST granting (456) Motion for the Issuance of International Letter of Request in case 1:16-md-02742-PKC; granting (238) Motion for the Issuance of International Letter of Request in case 1:16-cv-07917-PKC. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The Application is GRANTED. This Court shall sign the Letter of Request attached to the Application as Exhibit A and affix the seal of the United States District Court for the Southern District of New York over said signature in the Letter of Request. The Clerk of the District Court is directed to return the original, signed Letter of Request to counsel for Lead Plaintiff so that said Letter of Request may be issued to the Competent Judicial Authority of Spain. Lead Plaintiff is directed to transmit the original, signed Letter of Request to the Competent Judicial Authority of Spain. The Court shall retain jurisdiction over any and all issues arising from or related to the implementation and interpretation of this Order. (Signed by Judge P. Kevin Castel on 9/6/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (mro) Transmission to Orders and Judgments Clerk for processing.
September 6, 2018 Filing 239 PROPOSED ORDER. Document filed by Municipal Employees' Retirement System of Michigan. Related Document Number: 456 . (Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff.
September 6, 2018 Filing 238 MOTION for the Issuance of International Letter of Request . Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
September 6, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (239 in 1:16-cv-07917-PKC, 457 in 1:16-md-02742-PKC) Proposed Order was reviewed and approved as to form. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(dt)
August 30, 2018 Filing 237 DECLARATION of Katherine M. Sinderson in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class .. Document filed by Municipal Employees' Retirement System of Michigan. (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, #13 Exhibit M)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
August 30, 2018 Filing 236 REPLY MEMORANDUM OF LAW in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class . . Document filed by Municipal Employees' Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
August 28, 2018 Filing 235 NOTICE OF APPEARANCE by William Eugene Freeland on behalf of Steven Tesoriere, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Freeland, William)
August 28, 2018 Opinion or Order Filing 234 ORDER granting (447) LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/27/2018. Document filed by Municipal Employees' Retirement System of Michigan in case 1:16-md-02742-PKC; granting #230 LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/27/2018. Document filed by Municipal Employees' Retirement System of Michigan in case 1:16-cv-07917-PKC. Application granted. So ordered. (Signed by Judge P. Kevin Castel on 8/28/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (rjm).
August 28, 2018 Filing 233 LETTER addressed to Judge P. Kevin Castel from Timothy J. Perla dated August 28, 2018 re: Request to Participate in the Discovery Conference Telephonically. Document filed by Peter Blackmore.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Perla, Timothy)
August 28, 2018 Opinion or Order Filing 232 MEMO ENDORSEMENT on re: #228 LETTER addressed to Judge P. Kevin Castel from Jerome C. Roth dated August 27, 2018 re: Telephonic Participation in Discovery Conference. Document filed by Brian Wuebbels. ENDORSEMENT: Application granted. Please coordinate with Ms. Bartlett. So ordered. (Signed by Judge P. Kevin Castel on 8/28/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (rjm).
August 28, 2018 Opinion or Order Filing 231 ORDER granting #229 Motion for Jessica R. Baril to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
August 27, 2018 Filing 230 LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/27/2018. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
August 27, 2018 Filing 229 MOTION for Jessica R. Baril to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15497385. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Wuebbels. (Attachments: #1 Affidavit of Jessica R. Baril, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Baril, Jessica)
August 27, 2018 Filing 228 LETTER addressed to Judge P. Kevin Castel from Jerome C. Roth dated August 27, 2018 re: Telephonic Participation in Discovery Conference. Document filed by Brian Wuebbels.(Roth, Jerome)
August 27, 2018 Filing 227 MEMO ENDORSEMENT on re: (444 in 1:16-md-02742-PKC, 226 in 1:16-cv-07917-PKC) Letter. ENDORSEMENT: Mr. Bartlett and Mr. Woodson may participate by Telephone. Mr. Bartlett should arrange a conference line to which Mr. Woodson may call in and then call the Court at 212-805-0131. (Signed by Judge P. Kevin Castel on 8/27/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
August 27, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #229 MOTION for Jessica R. Baril to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15497385. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
August 24, 2018 Filing 226 LETTER addressed to Judge P. Kevin Castel from Jaime A. Bartlett dated August 24, 2018 re: / Request For Leave to Participate in Pre-trial Conference Telephonically. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Bartlett, Jaime)
August 24, 2018 Opinion or Order Filing 225 MEMO ENDORSEMENT on re: (224 in 1:16-cv-07917-PKC, 442 in 1:16-md-02742-PKC) Letter Request to Continue Pre-Trial Hearing Date, filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Clayton C. Daley, Jr., Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: Application denied. This is a discovery conference and the Court will not require Lead Counsel to be present. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/24/18) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(yv)
August 23, 2018 Filing 224 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated August 23, 2018 re: Request to Continue Pre-Trial Hearing Date. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
August 22, 2018 Opinion or Order Filing 223 ORDER: I have the plaintiffs' letter of August 7, 2018, the letter of third- party SunEdison Inc. dated August 10, 2018 and the letter of the D&O Defendants dated August 13, 2018. (Docket# 424, 427, 430.) There will be a pretrial conference in this case on August 29, 2018 at 12 p.m. (Pretrial Conference set for 8/29/2018 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 8/22/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(anc)
August 22, 2018 Opinion or Order Filing 222 STIPULATION AND ORDER TO INCREASE THE MAXIMUM NUMBER OF DEPOSITIONS ALLOWED. THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the parties hereto, that each side may take a maximum of twenty depositions, and that plaintiffs shall not take depositions of more than three representatives of any one Underwriter Defendant absent good cause shown. So Ordered. (Signed by Judge P. Kevin Castel on 8/22/18) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(yv)
August 21, 2018 Filing 221 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/07/2018 re: Discovery Dispute. Document filed by Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
August 21, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Salvatore Jo Graziano to RE-FILE Document (217 in 1:16-cv-07917-PKC, 424 in 1:16-md-02742-PKC) LETTER MOTION to Compel Defendants and Third Party SunEdison, Inc. to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/07/2018. Use the event type Letter found under the event list Other Documents. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(db)
August 13, 2018 Filing 220 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated August 13, 2018 re: in Response to Plaintiffs August 7, 2018 Letter Requesting a Discovery Conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A- SunEdison, Inc. Form 8-K, March 31, 2016, #2 Exhibit B- Email from Jaime Bartlett to Salvatore Graziano, et al., August 12, 2018)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
August 13, 2018 Filing 219 PROPOSED STIPULATION AND ORDER. Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore)
August 8, 2018 Opinion or Order Filing 218 STIPULATION AND ORDER GOVERNING CLASS CERTIFICATION BRIEFING AND DOCUMENT PRODUCTION SCHEDULE: THE PARTIES HEREBY STIPULATE AND AGREE as follows: (1) The following schedule of interim deadlines shall govern discovery in the above-captioned action. (2) Defendants shall file any brief in opposition to class certification no later than August 6, 2018. (As further set forth herein.) ( Deposition due by 11/16/2018., Expert Discovery due by 1/11/2019., Fact Discovery due by 11/21/2018., Responses due by 8/6/2018) (Signed by Judge P. Kevin Castel on 8/8/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(kgo)
August 7, 2018 Filing 217 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel Defendants and Third Party SunEdison, Inc. to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/07/2018. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) Modified on 8/21/2018 (db).
August 6, 2018 Filing 216 DECLARATION of Robin Wechkin in Opposition re: (193 in 1:16-cv-07917-PKC, 387 in 1:16-md-02742-PKC) MOTION to Certify Class .. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A- Expert Report of Professor Steven Grenadier, #2 Exhibit B- Excerpts from the deposition of Dr. Steven Feinstein, #3 Exhibit C- Exhibit 39 to the deposition of Dr. Steven Feinstein, #4 Exhibit D- MERS trading data)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
August 6, 2018 Filing 215 MEMORANDUM OF LAW in Opposition re: (387 in 1:16-md-02742-PKC, 193 in 1:16-cv-07917-PKC) MOTION to Certify Class . . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
July 19, 2018 Filing 214 DECLARATION of Salvatore J. Graziano (Corrected) in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class .. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
July 13, 2018 Opinion or Order Filing 213 MEMO ENDORSEMENT on re: (191 in 1:16-cv-07917-PKC, 385 in 1:16-md-02742-PKC) Letter, filed by Municipal Employees Retirement System of Michigan. ENDORSEMENT: The date of the filing of the Amended Complaint, filed July 22, 2016, shall control. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/13/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(anc)
July 13, 2018 Opinion or Order Filing 212 ORDER granting #200 Motion for Nicole M. Ryan to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
July 13, 2018 Opinion or Order Filing 211 ORDER granting #199 Motion for Matthew P. Henry to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
July 13, 2018 Opinion or Order Filing 210 ORDER granting #197 Motion for Nicole M. Ryan to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
July 13, 2018 Opinion or Order Filing 209 ORDER granting (397) Motion for Nicole M. Ryan to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
July 13, 2018 Opinion or Order Filing 208 ORDER granting (396) Motion for Matthew P. Henry to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
July 12, 2018 Filing 207 NOTICE OF APPEARANCE by Jerome C. Roth on behalf of Brian Wuebbels. (Roth, Jerome)
July 12, 2018 Filing 206 NOTICE OF APPEARANCE by Lee Gordon Dunst on behalf of Ahmad Chatila. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Dunst, Lee)
July 12, 2018 Filing 205 NOTICE OF APPEARANCE by Joel M. Cohen on behalf of Ahmad Chatila. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Cohen, Joel)
July 12, 2018 Filing 204 NOTICE OF APPEARANCE by Darcy Caitlyn Harris on behalf of Ahmad Chatila. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Harris, Darcy)
July 12, 2018 Filing 203 NOTICE OF APPEARANCE by Sheila Ruby Adams on behalf of Antonio R. Alvarez, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, James B. Williams, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Adams, Sheila)
July 12, 2018 Filing 202 NOTICE OF APPEARANCE by James H.R. Windels on behalf of Antonio R. Alvarez, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, James B. Williams, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Windels, James)
July 12, 2018 Filing 201 NOTICE OF APPEARANCE by Richard A. Rosen on behalf of Steven Tesoriere, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Rosen, Richard)
July 12, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (200 in 1:16-cv-07917-PKC) MOTION for Nicole M. Ryan 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. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jc)
July 11, 2018 Filing 200 MOTION for Nicole M. Ryan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Declaration in support, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Ryan, Nicole)
July 11, 2018 Filing 199 MOTION for Matthew P. Henry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15308823. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Henry, Matthew)
July 11, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (199 in 1:16-cv-07917-PKC) MOTION for Matthew P. Henry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15308823. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jc)
July 9, 2018 Filing 198 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 07/09/2018 re: June 12, 2018 Order. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
July 5, 2018 Filing 197 MOTION for Nicole M. Ryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15288750. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Declaration in support, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Ryan, Nicole)
July 3, 2018 Opinion or Order Filing 196 STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge P. Kevin Castel on 7/3/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(kgo)
June 13, 2018 Filing 195 DECLARATION of Salvatore J. Graziano in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class .. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
June 13, 2018 Filing 194 MEMORANDUM OF LAW in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class . . Document filed by Municipal Employees' Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
June 13, 2018 Filing 193 MOTION to Certify Class . Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
June 13, 2018 Opinion or Order Filing 192 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge P. Kevin Castel on 6/13/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(mro)
June 13, 2018 Filing 191 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 06/13/2018 re: June 12, 2018 Order. Document filed by Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
June 12, 2018 Opinion or Order Filing 190 ORDER: If by June 15, 2018, the parties have not fully and finally agreed upon a proposed confidentiality order, the Court will require to be filed by June 19, 2018 a joint chronology of the negotiation of the proposed confidentiality order, including the length of any telephonic or face to face meetings and the identity of all participants. With the chronology, the parties should explain the "strong views" that the parties "had to work through carefully." Do the parties seriously expect the Court to be thrilled with the news that they "appear to be close to agreement" on a simple confidentiality order? Is this the legacy you want to leave of your career as a distinguished federal court practitioner? The date for document production should extend through the date of filing the complaint. Documents concerning governmental investigations into any misconduct overlapping the pending claims in this action should be produced. Lead counsel for the parties shall meet face to face for no less than one hour between today and June 15, 2018 at 5 p.m. to resolve any further issues. (Signed by Judge P. Kevin Castel on 6/12/2018) (kgo)
June 8, 2018 Filing 189 DECLARATION of Stephanie Russell re: (382 in 1:16-md-02742-PKC) Letter,, . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
June 8, 2018 Filing 188 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated June 8, 2018 re: Response to Plaintiffs' Letter Request for Discovery Conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A - August 25, 2015 UBS Analyst Report, #2 Exhibit B - November 10, 2015 SunEdison Press Release)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
June 8, 2018 Filing 187 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated June 8, 2018 re: Response to Plaintiffs' Letter Request for Discovery Conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
June 5, 2018 Opinion or Order Filing 186 ORDER: Leave to move for judgment on the pleadings under Rule 12(c) is denied. (Signed by Judge P. Kevin Castel on 6/5/2018) (kgo)
June 4, 2018 Filing 185 LETTER MOTION to Compel Defendants to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 06/04/2018. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
June 4, 2018 Filing 184 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 06/04/2018 re: Response to Defendant Chatila's May 29, 2018 Pre-Motion Letter. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
June 1, 2018 Opinion or Order Filing 183 STIPULATION AND ORDER GOVERNING DISCOVERY SCHEDULE: THE PARTIES HEREBY STIPULATE AND AGREE as follows:The following schedule of interim deadlines shall govern discovery in the above-captionedaction, in addition to the deadlines previously set by the Court: Fact Depositions Complete by 9/28/18. Expert Discovery Cutoff is November 16, 2018. Motions for Class Certification due by June 13, 2018. Opposition due 8/1/2018 and replies due 8/31/18. (As further set forth herein.) ( Deposition due by 9/28/2018., Expert Discovery due by 11/16/2018., Motions due by 6/13/2018., Responses due by 8/1/2018, Replies due by 8/31/2018.) (Signed by Judge P. Kevin Castel on 6/1/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(kgo)
May 29, 2018 Filing 182 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated May 29, 2018 re: Pre-Motion Letter for Horowitz et al. v. SunEdison et al. Document filed by Ahmad Chatila. (Attachments: #1 Exhibit A - September 2, 2015 Bloomberg Article)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
May 18, 2018 Filing 181 ANSWER to #138 Amended Complaint,,. Document filed by Deutsche Bank Securities Inc., Goldman Sachs & Co, J.P Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C..(Hakki, Adam)
May 18, 2018 Filing 180 ANSWER to #138 Amended Complaint,, with JURY DEMAND. Document filed by Antonio Alvarez, Ahmad Chatila, Clayton C. Daley, Jr, Emmanuel Hernandez, Georganne Proctor, Steven V Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn.(Brody, Sara)
May 18, 2018 Filing 179 ANSWER to #138 Amended Complaint,, with JURY DEMAND. Document filed by Ahmad Chatila.(Brody, Sara)
May 7, 2018 Filing 178 NOTICE OF CHANGE OF ADDRESS by Daniella Quitt on behalf of ERISA PLAINTIFFS. New Address: Glancy Prongay & Murray LLP, 712 Fifth Avenue, 31st Floor, New York, NY, United States 10019, 2129357400. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Quitt, Daniella)
May 7, 2018 Filing 177 NOTICE OF CHANGE OF ADDRESS by Robert I. Harwood on behalf of ERISA Plaintiffs. New Address: Glancy Prongay & Murray LLP, 712 Fifth Avenue, 31st Floor, New York, NY, United States 10019, 2129357400. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Harwood, Robert)
April 19, 2018 Filing 176 MEMO ENDORSEMENT on re: (341 in 1:16-md-02742-PKC, 175 in 1:16-cv-07917-PKC) Letter, filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Clayton C. Daley, Jr., Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: The entry is in error the parties did not consent to proceed before a Magistrate Judge. (Signed by Judge P. Kevin Castel on 4/18/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(cf)
April 18, 2018 Filing 175 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated April 18, 2018 re: Scheduling Order. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
March 29, 2018 Filing 174 SUPPLEMENTAL LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated March 29, 2018 re: Case Schedule. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
March 28, 2018 Filing 173 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 28, 2018 re: response to March 27, 2018 letter from Robbins Geller Rudman & Dowd LLP. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
March 26, 2018 Filing 172 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated March 26, 2018 re: Case Schedule. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
March 23, 2018 Filing 171 LETTER addressed to Judge P. Kevin Castel from Salvatore Graziano dated March 23, 2018 re: Pre-Trial Discovery Schedule. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A - Email re: Proposed Schedule, #2 Exhibit B - Email re: 26(f))Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
March 15, 2018 Filing 170 MEMO ENDORSEMENT on re: (311 in 1:16-md-02742-PKC, 168 in 1:16-cv-07917-PKC) Letter, filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Clayton C. Daley, Jr., Jerome Thissen, Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 3/14/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(cf) (Main Document 170 replaced on 3/15/2018) (cf).
March 15, 2018 Set/Reset Deadlines: Answer Deadline - All Defendants (cf)
March 14, 2018 Filing 169 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 14, 2018 re: response to Defendants' March 14, 2018 letter requesting an extension to answer the Second Amended Consolidated Complaint. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
March 14, 2018 Filing 168 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated March 8, 2018 re: Time to Answer in the Horowitz action. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere, Jerome Thissen.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
March 6, 2018 Opinion or Order Filing 167 MEMORANDUM AND ORDER granting (200) Motion to Dismiss in case 1:16-md-02742-PKC; terminating (142) Motion for Leave to File Excess Pages; terminating (145) Motion to Dismiss; granting (147) Motion to Dismiss; terminating (149) Motion to Dismiss in case 1:16-cv-07917-PKC. For the reasons explained, the Court concludes that the Complaint has plausibly alleged violations of the Securities Act related to defendants' statements concerning the August 2015 margin call, the Second-Lien Loan and the availability of lender recourse against SunEdison. All other claims under the Securities Act are dismissed. The Complaint fails to allege section 10(b) or Rule 10b-5 violations against Chatila and Wuebbels, with the exception of Chatila's statement published in September 2015 concerning the timing of SunEdisons cash generation. The motion to dismiss that claim is therefore denied as to Chatila under section 10(b) and Rule 10b-5. Plaintiffs' claims under the Exchange Act are otherwise dismissed. KPMG's motion to dismiss is granted in its entirety. Plaintiffs' claim against KPMG is therefore dismissed. The Clerk is directed to terminate the motions and the related letter-motion. (16 MD 2742, Docket # 200; 16 MC 2742, Docket # 33, 35, 41, 46; 16 Civ. 7917, Docket # 142, 145, 147, 149.). (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 3/6/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (cf)
February 8, 2018 Filing 166 MOTION for Jessica E. Morrison to Withdraw as Attorney . Document filed by KPMG L.L.P.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Morrison, Jessica)
February 8, 2018 Filing 165 MOTION for Franklin D. Annand to Withdraw as Attorney . Document filed by KPMG L.L.P.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin)
February 2, 2018 Filing 164 MOTION for David W. Hall to Withdraw as Attorney . Document filed by VMT II, LLC, Cobalt KC Partners, LP, Glenview Capital Master Fund, Ltd., Omega Capital Investors, L.P., Kingdon Associates, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Herman, Dennis)
December 7, 2017 Filing 163 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated December 7, 2017 re: Defendants Motion to Dismiss. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Christine Asia Co. Decision)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
November 7, 2017 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger. Please note that this is a reassignment of the designation only. (sjo)
October 23, 2017 Filing 162 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated October 23, 2017 re: Defendants Motion to Dismiss. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A - Leidos Settlement Motion)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
August 25, 2017 Filing 161 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated 08/25/2017 re: Response to the August 22, 2017 letter submitted on behalf of the KKR/Canyon plaintiffs. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., MCS Capital Markets, LLC, Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam)
August 4, 2017 Filing 160 REPLY MEMORANDUM OF LAW in Support re: (147 in 1:16-cv-07917-PKC) MOTION to Dismiss KPMG LLP's Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6)., (200 in 1:16-md-02742-PKC) MOTION to Dismiss Copy of KPMG LLP's 6/9/2017 Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6). . Document filed by KPMG LLP. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin)
August 4, 2017 Filing 159 REPLY AFFIRMATION of Jaime A. Bartlett in Support re: (149 in 1:16-cv-07917-PKC) MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint [Dkt. No. 138].. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit List, #2 Exhibit 43 SUNE 2015 2Q 10-Q, #3 Exhibit 44 SUNE 2015 3Q 10-Q, #4 Exhibit 45 2015.02.03 SUNE 8K, #5 Exhibit 46 2015.02.17 TERP 13G, #6 Exhibit 47 2015.04.17 SUNE 14A Proxy, #7 Exhibit 48 2016.03.16 SUNE 8K, #8 Exhibit 49 2016.03.16 TERP 8K, #9 Exhibit 50 2015.05.17 GLOBAL 12b-25, #10 Exhibit 51 2015.11.10 Cowen Report, #11 Exhibit 52 2015.11.11 UBS Report, #12 Exhibit 53 2015.11.18 Zero Hedge, #13 Exhibit 54 PCAOB, AU 561 & 711, #14 Exhibit 55 TERP Stock Price Chart)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Bartlett, Jaime)
August 4, 2017 Filing 158 REPLY MEMORANDUM OF LAW in Support re: (145 in 1:16-cv-07917-PKC) MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933. . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam)
August 4, 2017 Filing 157 REPLY MEMORANDUM OF LAW in Support re: (149 in 1:16-cv-07917-PKC) MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint [Dkt. No. 138]. . Document filed by Ahmad Chatila, Brian Wuebbels. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
July 14, 2017 Filing 156 MEMORANDUM OF LAW in Opposition re: (149 in 1:16-cv-07917-PKC) MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint [Dkt. No. 138]. . Document filed by Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
July 14, 2017 Filing 155 DECLARATION of Salvatore J. Graziano in Opposition re: (147 in 1:16-cv-07917-PKC) MOTION to Dismiss KPMG LLP's Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6)., (200 in 1:16-md-02742-PKC) MOTION to Dismiss Copy of KPMG LLP's 6/9/2017 Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6).. Document filed by Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit A (June 29, 2015 Form 8-K), #2 Exhibit B (August 18, 2015 Prospectus Supplement), #3 Exhibit C (July 20, 2015 Investor Conference Call))Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
July 14, 2017 Filing 154 MEMORANDUM OF LAW in Opposition re: (147 in 1:16-cv-07917-PKC) MOTION to Dismiss KPMG LLP's Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6)., (200 in 1:16-md-02742-PKC) MOTION to Dismiss Copy of KPMG LLP's 6/9/2017 Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6). . Document filed by Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
July 14, 2017 Filing 153 MEMORANDUM OF LAW in Opposition re: (145 in 1:16-cv-07917-PKC) MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933. . Document filed by Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
June 22, 2017 Opinion or Order Filing 152 MEMO ENDORSEMENT: on NOTICE OF WITHDRAWAL. ENDORSEMENT: SO ORDERED. Attorney Jacob Nachmani terminated. (Signed by Judge P. Kevin Castel on 6/22/2017) (ap)
June 9, 2017 Filing 151 DECLARATION of Jaime A. Bartlett in Support re: (100 in 1:16-cv-08039-PKC) MOTION to Dismiss the (91) Second Amended Securities Class Action Complaint.. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Randy H. Zwirn, Ahmad R Chatila, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Motions to Dismiss Exhibits List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4 - Part 1, #6 Exhibit 4 - Part 2, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7 - Part 1, #10 Exhibit 7 - Part 2, #11 Exhibit 8 - Part 1, #12 Exhibit 8 - Part 2, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 14A, #20 Exhibit 15, #21 Exhibit 15A, #22 Exhibit 16, #23 Exhibit 17, #24 Exhibit 18, #25 Exhibit 19, #26 Exhibit 20 - Part 1, #27 Exhibit 20 - Part 2, #28 Exhibit 21 - Part 1, #29 Exhibit 21 - Part 2, #30 Exhibit 21 - Part 3, #31 Exhibit 22, #32 Exhibit 23, #33 Exhibit 24, #34 Exhibit 25, #35 Exhibit 26, #36 Exhibit 27, #37 Exhibit 28, #38 Exhibit 29, #39 Exhibit 30, #40 Exhibit 31, #41 Exhibit 32, #42 Exhibit 33, #43 Exhibit 34, #44 Exhibit 35, #45 Exhibit 36, #46 Exhibit 37, #47 Exhibit 38, #48 Exhibit 39, #49 Exhibit 40, #50 Exhibit 41, #51 Exhibit 42)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC, 1:16-cv-07962-PKC, 1:16-cv-07981-PKC, 1:16-cv-08039-PKC(Bartlett, Jaime)
June 9, 2017 Filing 150 MEMORANDUM OF LAW in Support re: #149 MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint [Dkt. No. 138]. . Document filed by Ahmad Chatila, Brian Wuebbels. (Brody, Sara)
June 9, 2017 Filing 149 MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint [Dkt. No. 138]. Document filed by Ahmad Chatila, Brian Wuebbels.(Brody, Sara)
June 9, 2017 Filing 148 MEMORANDUM OF LAW in Support re: #147 MOTION to Dismiss KPMG LLP's Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6). . Document filed by KPMG L.L.P.. (Annand, Franklin)
June 9, 2017 Filing 147 MOTION to Dismiss KPMG LLP's Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6). Document filed by KPMG L.L.P.. Responses due by 7/14/2017(Annand, Franklin)
June 9, 2017 Filing 146 MEMORANDUM OF LAW in Support re: #145 MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933. . Document filed by Deutsche Bank Securities Inc., Goldman Sachs & Co, J.P Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C.. (Hakki, Adam)
June 9, 2017 Filing 145 MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933. Document filed by Deutsche Bank Securities Inc., Goldman Sachs & Co, J.P Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C..(Hakki, Adam)
June 9, 2017 Filing 144 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated June 9, 2017 re: motions to dismiss and requests for oral argument. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Randy H. Zwirn, Ahmad R Chatila.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC, 1:16-cv-07962-PKC, 1:16-cv-07967-PKC, 1:16-cv-08039-PKC(Brody, Sara)
June 2, 2017 Opinion or Order Filing 143 ORDER: granting (192) Letter Motion for Leave to File Excess Pages in case 1:16-md-02742-PKC. Proposed Page extension granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/2/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (ap)
May 30, 2017 Filing 142 LETTER MOTION for Leave to File Excess Pages for the motion to dismiss briefing in the Horowitz action addressed to Judge P. Kevin Castel from Sara B. Brody dated May 30, 2017. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
April 27, 2017 Filing 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/13/17 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...Filed In Associated Cases: 1:16-md-02742-PKC et al.(McGuirk, Kelly)
April 27, 2017 Filing 140 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/13/2017 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Greenblum, (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 5/18/2017. Redacted Transcript Deadline set for 5/30/2017. Release of Transcript Restriction set for 7/26/2017.Filed In Associated Cases: 1:16-md-02742-PKC et al.(McGuirk, Kelly)
March 21, 2017 Filing 139 LETTER addressed to Judge P. Kevin Castel from Max W. Berger dated 03/21/2017 re: Response to Defendants' March 17, 2017 Status Report. Document filed by Municipal Employees' Retirement System of Michigan, Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
March 17, 2017 Filing 138 SECOND AMENDED COMPLAINT amending #69 Amended Complaint,, against Antonio Alvarez, Peter Blackmore, Ahmad Chatila, Clayton C. Daley, Jr, Deutsche Bank Securities Inc., Goldman Sachs & Co, Emmanuel Hernandez, J.P Morgan Securities LLC, KPMG L.L.P., MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C., Georganne Proctor, Steven V Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn with JURY DEMAND.Document filed by Municipal Employees Retirement System of Michigan. Related document: #69 Amended Complaint,, filed by Municipal Employees Retirement System of Michigan.(Graziano, Salvatore)
March 17, 2017 Filing 137 STATUS REPORT. as required by the Court's Order of December 29, 2016 (Doc. No. 7 in 1:16-mc-2744) Document filed by ERISA Plaintiffs.Filed In Associated Cases: 1:16-md-02742-PKC et al.(Harwood, Robert)
March 17, 2017 Filing 136 STATUS REPORT. In response to the Courts December 19, 2016 Order, ECF No. 94. Document filed by Municipal Employees' Retirement System of Michigan, Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC, 1:16-cv-07962-PKC, 1:16-cv-07981-PKC, 1:16-cv-08039-PKC(Graziano, Salvatore)
March 1, 2017 Filing 135 MEMO ENDORSEMENT on re: (134 in 1:16-cv-07917-PKC, 153 in 1:16-md-02742-PKC) Letter, filed by Municipal Employees Retirement System of Michigan, Municipal Employees' Retirement System of Michigan. ENDORSEMENT: Application granted. File by 3/17/17. (Amended Pleadings due by 3/17/2017.) (Signed by Judge P. Kevin Castel on 2/28/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(cf)
February 28, 2017 Filing 134 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 02/28/2017 Document filed by Municipal Employees' Retirement System of Michigan, Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
February 27, 2017 Filing 133 NOTICE OF APPEARANCE by Adam David Hollander on behalf of Municipal Employees' Retirement System of Michigan, Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hollander, Adam)
February 20, 2017 Filing 132 LETTER addressed to Judge P. Kevin Castel from Robert I. Harwood dated February 20, 2017 re: Response to Defendants' February 6, 2017 Pre-Motion Letter in 16-MC-2744. Document filed by Alexander Y Usenko, Richard Wheeler, Robert Linton, Eric O'Day.Filed In Associated Cases: 1:16-md-02742-PKC et al.(Quitt, Daniella)
February 20, 2017 Filing 131 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated February 20, 2017 re: Response to Pre-Motion Letters Regarding Motions to Dismiss by the SunEdison, Inc. Securities Class Action Defendants (ECF No. 129) and KPMG LLP (ECF No. 130). Document filed by the Municipal Employees Retirement System of Michigan. Filed in Associated Cases: 1:16-MD-2742; 1:16-MC-2742. Document filed by Municipal Employees Retirement System of Michigan.(Graziano, Salvatore)
February 6, 2017 Filing 130 LETTER addressed to Judge P. Kevin Castel from Charles Wm. McIntyre dated February 6, 2017 re: Pre-Motion Letter Regarding Motion to Dismiss. Document filed by KPMG LLP.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin)
February 6, 2017 Filing 129 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara)
January 13, 2017 Filing 128 NOTICE OF APPEARANCE by Adam Joshua Goldstein on behalf of BTG Pactual US Capital LLC, Barclays Capital Inc., Citigroup Global Markets Inc., Deutsche Bank Securities Inc., Goldman, Sachs & Co., ITAU BBA USA Securities, Inc., J.P. Morgan Securities LLC, Kotak Mahindra, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, SG Americas Securities, LLC, SMBC Nikko Securities America, Inc.,, Morgan Stanley & Co. LLC, BTG Pactual US Capital LLC, Credit Agricole CIB, Credit Suisse, Goldman Sachs & Co, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Santander, Societe Generale, Goldman Sachs & Co., Merrill Lynch Pierce Fenner & Smith Incorporated, Macquarie Capital (USA) Inc., Barclays Capital Inc., Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, SMBC Nikko Securities Americas, Inc., Deutsche Bank Securities Inc., J.P Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C.. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Goldstein, Adam)
December 15, 2016 Filing 127 NOTICE OF APPEARANCE by Douglas Michael Foley on behalf of KPMG LLP. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Foley, Douglas)
December 14, 2016 Filing 126 NOTICE OF APPEARANCE by Max Wallace Berger on behalf of Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Berger, Max)
December 14, 2016 Filing 125 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/14/2016 Document filed by Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore)
December 12, 2016 Filing 124 NOTICE OF APPEARANCE by Michael G. Bongiorno on behalf of TerraForm Power, Inc., Peter Blackmore, TerraForm Global, LLC, Terraform Global, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Bongiorno, Michael)
December 1, 2016 Opinion or Order Filing 119 ORDER granting (95) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07427-PKC; granting (163) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07428-PKC; granting (65) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-md-02742-PKC; granting (118) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07917-PKC; granting (103) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07950-PKC; granting (49) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07962-PKC; granting (187) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07967-PKC; granting (130) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07981-PKC; granting (97) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07995-PKC; granting (78) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07996-PKC; granting (77) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07997-PKC; granting (71) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08001-PKC; granting (74) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08003-PKC; granting (166) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08006-PKC; granting (170) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08032-PKC; granting (80) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08039-PKC; granting (36) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08113-PKC; granting (23) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08118-PKC; granting (25) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08163-PKC; granting (38) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08165-PKC; granting (23) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08166-PKC; granting (32) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08202-PKC; granting (38) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08204-PKC; granting (75) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-09171-PKC; granting (66) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-09172-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
December 1, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (74 in 1:16-cv-08003-PKC, 97 in 1:16-cv-07995-PKC, 103 in 1:16-cv-07950-PKC, 170 in 1:16-cv-08032-PKC, 32 in 1:16-cv-08202-PKC, 77 in 1:16-cv-07997-PKC, 66 in 1:16-cv-09172-PKC, 166 in 1:16-cv-08006-PKC, 23 in 1:16-cv-08166-PKC, 130 in 1:16-cv-07981-PKC, 187 in 1:16-cv-07967-PKC, 75 in 1:16-cv-09171-PKC, 38 in 1:16-cv-08204-PKC, 65 in 1:16-md-02742-PKC, 118 in 1:16-cv-07917-PKC, 80 in 1:16-cv-08039-PKC, 163 in 1:16-cv-07428-PKC, 95 in 1:16-cv-07427-PKC, 25 in 1:16-cv-08163-PKC, 36 in 1:16-cv-08113-PKC, 49 in 1:16-cv-07962-PKC, 78 in 1:16-cv-07996-PKC, 38 in 1:16-cv-08165-PKC, 23 in 1:16-cv-08118-PKC, 71 in 1:16-cv-08001-PKC) MOTION for Robin E. Wechkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13042987. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC et al.(wb)
November 30, 2016 Filing 118 MOTION for Robin E. Wechkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13042987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Wechkin, Robin)
November 21, 2016 Opinion or Order Filing 117 ORDER granting (89) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07427-PKC; granting (155) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07428-PKC; granting (39) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-md-02742-PKC; granting (106) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07917-PKC; granting (97) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07950-PKC; granting (42) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07962-PKC; granting (175) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07967-PKC; granting (118) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07981-PKC; granting (89) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07995-PKC; granting (72) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07996-PKC; granting (70) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07997-PKC; granting (66) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08001-PKC; granting (67) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08003-PKC; granting (160) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08006-PKC; granting (164) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08032-PKC; granting (71) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08039-PKC; granting (30) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08113-PKC; granting (17) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08118-PKC; granting (19) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08163-PKC; granting (32) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08165-PKC; granting (17) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08166-PKC; granting (26) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08202-PKC; granting (30) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08204-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
November 21, 2016 Opinion or Order Filing 116 ORDER in case 1:16-cv-07427-PKC; granting (36) Motion for Christopher K. Meyer to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
November 21, 2016 Opinion or Order Filing 115 ORDER in case 1:16-cv-07427-PKC; granting (35) Motion for Jaime A. Bartlett to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
November 21, 2016 Opinion or Order Filing 114 ORDER in case 1:16-cv-07427-PKC; granting (34) Motion for Sara B. Brody to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
November 21, 2016 Opinion or Order Filing 113 ORDER granting (33) Motion for Darren William Stanhouse to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
November 21, 2016 Opinion or Order Filing 112 ORDER granting (32) Motion for Franklin Darley to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
November 21, 2016 Opinion or Order Filing 111 ORDER granting (30) Motion for Jessica Erin Morrison to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
November 21, 2016 Opinion or Order Filing 110 ORDER granting (28) Motion for Charles William McIntyre, Jr. to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
November 17, 2016 Opinion or Order Filing 120 ORDER granting #102 Motion for Darren William Stanhouse to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
November 17, 2016 Filing 109 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KPMG LLP.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin)
November 17, 2016 Filing 108 LETTER addressed to Judge P. Kevin Castel from Charles Wm. McIntyre dated November 17, 2016 re: Response to the Court's October 26, 2016 Order. Document filed by KPMG LLP.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin)
November 17, 2016 Filing 107 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 11/17/2016 re: Response to the Court's October 26, 2016 Order. Document filed by Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC et al.(Graziano, Salvatore)
November 17, 2016 Filing 106 MOTION for Norman J. Blears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13000793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Cetificate of Good Standing, #2 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Blears, Norman)
November 17, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (88 in 1:16-cv-07995-PKC, 105 in 1:16-cv-07917-PKC, 69 in 1:16-cv-07997-PKC, 25 in 1:16-cv-08202-PKC, 41 in 1:16-cv-07962-PKC, 174 in 1:16-cv-07967-PKC, 16 in 1:16-cv-08118-PKC, 71 in 1:16-cv-07996-PKC, 29 in 1:16-cv-08113-PKC, 36 in 1:16-md-02742-PKC, 117 in 1:16-cv-07981-PKC, 70 in 1:16-cv-08039-PKC, 154 in 1:16-cv-07428-PKC, 88 in 1:16-cv-07427-PKC, 96 in 1:16-cv-07950-PKC, 31 in 1:16-cv-08165-PKC, 159 in 1:16-cv-08006-PKC, 29 in 1:16-cv-08204-PKC, 163 in 1:16-cv-08032-PKC, 65 in 1:16-cv-08001-PKC, 18 in 1:16-cv-08163-PKC, 16 in 1:16-cv-08166-PKC, 66 in 1:16-cv-08003-PKC) MOTION for Christopher K. Meyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995123. Motion and supporting papers to be reviewed by Clerk's Office staff., (162 in 1:16-cv-08032-PKC, 28 in 1:16-cv-08204-PKC, 104 in 1:16-cv-07917-PKC, 15 in 1:16-cv-08118-PKC, 158 in 1:16-cv-08006-PKC, 65 in 1:16-cv-08003-PKC, 17 in 1:16-cv-08163-PKC, 153 in 1:16-cv-07428-PKC, 70 in 1:16-cv-07996-PKC, 28 in 1:16-cv-08113-PKC, 173 in 1:16-cv-07967-PKC, 30 in 1:16-cv-08165-PKC, 64 in 1:16-cv-08001-PKC, 40 in 1:16-cv-07962-PKC, 15 in 1:16-cv-08166-PKC, 116 in 1:16-cv-07981-PKC, 95 in 1:16-cv-07950-PKC, 69 in 1:16-cv-08039-PKC, 87 in 1:16-cv-07995-PKC, 68 in 1:16-cv-07997-PKC, 87 in 1:16-cv-07427-PKC, 24 in 1:16-cv-08202-PKC, 35 in 1:16-md-02742-PKC) MOTION for Jaime A. Bartlett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995093. Motion and supporting papers to be reviewed by Clerk's Office staff., (14 in 1:16-cv-08118-PKC, 172 in 1:16-cv-07967-PKC, 63 in 1:16-cv-08001-PKC, 34 in 1:16-md-02742-PKC, 27 in 1:16-cv-08204-PKC, 29 in 1:16-cv-08165-PKC, 16 in 1:16-cv-08163-PKC, 115 in 1:16-cv-07981-PKC, 64 in 1:16-cv-08003-PKC, 27 in 1:16-cv-08113-PKC, 86 in 1:16-cv-07995-PKC, 23 in 1:16-cv-08202-PKC, 94 in 1:16-cv-07950-PKC, 68 in 1:16-cv-08039-PKC, 152 in 1:16-cv-07428-PKC, 67 in 1:16-cv-07997-PKC, 103 in 1:16-cv-07917-PKC, 69 in 1:16-cv-07996-PKC, 14 in 1:16-cv-08166-PKC, 86 in 1:16-cv-07427-PKC, 39 in 1:16-cv-07962-PKC, 161 in 1:16-cv-08032-PKC, 157 in 1:16-cv-08006-PKC) MOTION for Sara B. Brody to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995092. Motion and supporting papers to be reviewed by Clerk's Office staff., (156 in 1:16-cv-08006-PKC, 26 in 1:16-cv-08204-PKC, 160 in 1:16-cv-08032-PKC, 22 in 1:16-cv-08202-PKC, 31 in 1:16-md-02742-PKC, 67 in 1:16-cv-08039-PKC, 151 in 1:16-cv-07428-PKC, 85 in 1:16-cv-07995-PKC) MOTION for Daniel H. Bookin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994932. Motion and supporting papers to be reviewed by Clerk's Office staff., (33 in 1:16-md-02742-PKC, 102 in 1:16-cv-07917-PKC) MOTION for Darren William Stanhouse to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994979. Motion and supporting papers to be reviewed by Clerk's Office staff., (99 in 1:16-cv-07917-PKC, 28 in 1:16-md-02742-PKC) MOTION for Charles William McIntyre, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994767. Motion and supporting papers to be reviewed by Clerk's Office staff., (100 in 1:16-cv-07917-PKC, 30 in 1:16-md-02742-PKC) MOTION for Jessica Erin Morrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994849. Motion and supporting papers to be reviewed by Clerk's Office staff., (32 in 1:16-md-02742-PKC, 101 in 1:16-cv-07917-PKC) MOTION for Franklin Darley Annand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994914. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC et al.(wb)
November 16, 2016 Opinion or Order Filing 123 ORDER granting #101 Motion for Franklin Darley Annand to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
November 16, 2016 Opinion or Order Filing 122 ORDER granting #100 Motion for Jessica Erin Morrison to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
November 16, 2016 Opinion or Order Filing 121 ORDER granting #99 Motion for Charles William McIntyre, Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
November 16, 2016 Filing 105 MOTION for Christopher K. Meyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995123. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Meyer, Chris)
November 16, 2016 Filing 104 MOTION for Jaime A. Bartlett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995093. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Bartlett, Jaime)
November 16, 2016 Filing 103 MOTION for Sara B. Brody to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995092. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Brody, Sara)
November 16, 2016 Filing 102 MOTION for Darren William Stanhouse to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994979. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPMG LLP. (Attachments: #1 Exhibit Certificate of Good Standing, District of Columbia Court of Appeals, #2 Exhibit Certificate of Good Standing, Supreme Court of the State of North Carolina, #3 Exhibit Certificate of Good Standing, Supreme Court of Virginia, #4 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(McIntyre, Charles)
November 16, 2016 Filing 101 MOTION for Franklin Darley Annand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994914. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPMG LLP. (Attachments: #1 Exhibit Certificate of Good Standing, District of Columbia Court of Appeals, #2 Exhibit Certificate of Good Standing, Supreme Court of Virginia, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(McIntyre, Charles)
November 16, 2016 Filing 100 MOTION for Jessica Erin Morrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994849. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPMG LLP. (Attachments: #1 Exhibit Certificate of Good Standing, District of Columbia Court of Appeals, #2 Exhibit Certificate of Good Standing, Court of Appeals of Maryland, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(McIntyre, Charles)
November 16, 2016 Filing 99 MOTION for Charles William McIntyre, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994767. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPMG LLP. (Attachments: #1 Exhibit Certificate of Good Standing, District of Columbia Court of Appeals, #2 Exhibit Certificate of Good Standing, Supreme Court of Virginia, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(McIntyre, Charles)
October 26, 2016 Opinion or Order Filing 98 ORDER: This Order applies to: (a) all cases that have been or are subsequently transferred or conditionally transferred to the undersigned by the Judicial Panel on Multidistrict Litigation (the "Panel"); and (b) the following actions that were pending in this district prior to the Panels initial transfer order: Bloom et al. v. SunEdison, Inc. et al., 16 cv 7427 (PKC) and Omega Capital Investors, L.P. et al v. SunEdison, Inc. et al., 16 cv 7428 (PKC). There will be an Initial Conference for all parties in all actions on December 19, 2016 at 2 p.m. in Courtroom 11D of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. Counsel must appear personally and may not appear telephonically. Counsel for the plaintiff in the federal securities class actions (paragraph 5), the individual securities actions (paragraph 6), the derivative actions (paragraph 7) and the ERISA actions (paragraph 8) and counsel for defendants in all actions shall submit to the Court by November 17, 2016 a letter, filed through ECF, providing the following information: And as set forth herein. SO ORDERED. Initial Conference set for 12/19/2016 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 10/26/2016) Filed In Associated Cases: 1:16-md-02742-PKC et al.(ama)
October 26, 2016 Opinion or Order Filing 97 ORDER: The Clerk is directed to open four case files under the miscellaneous docket. These dockets are for administrative purposes only, and are intended to efficiently organize certain Orders and submissions for the benefit of the parties and the Court. Filings related to the Consolidated Securities Class Action shall be made in the case file bearing docket number 16-mc-2742. The caption shall read "In re: SunEdison, Inc. Securities Litigation." For administrative purposes only, in 16-mc-2742, all plaintiffs shall be listed as "SunEdison, Inc. Securities Class Action Plaintiffs," and all defendants shall be listed as "SunEdison, Inc. Securities Class Action Defendants."Filings related to any individual securities claims shall submitted in the case file bearing docket number 16-mc-2743. The caption shall read "In re: SunEdison, Inc. Securities Litigation." For administrative purposes only, in 16- mc-2743, all plaintiffs shall be listed as "SunEdison, Inc. Individual Securities Plaintiffs," and all defendants shall be listed as "SunEdison, Inc. Individual Securities Defendants." Filings related to any ERISA claims shall submitted in the case file bearing docket number 16-mc-2744. The caption shall read "In re: SunEdison, Inc. ERISA Litigation." For administrative purposes only, in 16-mc-2744, all plaintiffs shall be listed as "SunEdison, Inc. ERISA Plaintiffs," and all defendants shall be listed as "SunEdison, Inc. ERISA Defendants." Filings related to any derivative claims shall submitted in the case file bearing docket number 16-mc-2745. The caption shall read "In re: SunEdison, Inc. Derivative Litigation." For administrative purposes only, in 16-mc-2745, all plaintiffs shall be listed as "SunEdison, Inc. Derivative Plaintiffs," and all defendants shall be listed as "SunEdison, Inc. Derivative Defendants." Any filing fees associated with opening 16-mc-2742, 16-mc-2743, 16-mc-2744 and 16-mc-2745 are waived. There will be no appearances entered unless the Court orders otherwise. Each of these four dockets shall include the Court's case management orders and other orders of significance, as well as substantive filings by the parties that relate to the respective action (e.g., pleadings, motion papers). They will not include pro hac vice motion papers, notices of appearance and motions to withdraw. Papers filed inappropriately will be stricken from the docket. Parties shall file documents in the appropriate miscellaneous docket, in addition to, and not in lieu of, the MDL docket. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/26/2016) Filed In Associated Cases: 1:16-md-02742-PKC et al.(ama)
October 11, 2016 Filing 96 MDL TRANSFERRED IN from the United States District Court - District of Missouri Eastern; Case Number: 4:15-cv-01769. Original file certified copy of transfer order and docket entries received. (sjo)
October 11, 2016 CONSOLIDATED MDL CASE: Create association to 1:16-md-02742-PKC. (sjo)
October 11, 2016 Case Designated ECF. (sjo)
October 11, 2016 CASE ACCEPTED AS RELATED. Create association to 1:16-md-02742-PKC. (sjo)
October 11, 2016 Magistrate Judge Andrew J. Peck is so designated. (sjo)
October 11, 2016 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
October 6, 2016 Opinion or Order Filing 95 ORDER OF MDL TRANSFER to: Southern District of New York; Case transferred via CM/ECF extraction. (DJO) [Transferred from Missouri Eastern on 10/11/2016.]
October 4, 2016 Filing 94 CONDITIONAL TRANSFER ORDER regarding Multi-District Litigation by Chair of the Panel with Scheduled A attached. Signed by Sarah S. Vance, Multi-District Litigation Chair, on 10/4/16. (ARL) [Transferred from Missouri Eastern on 10/11/2016.]
August 17, 2016 Filing 93 DECLARATION filed by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN . (Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
August 17, 2016 Opinion or Order Filing 92 MEMORANDUM AND ORDER: Given the motion currently pending before the Judicial Panel on Multidistrict Litigation for the establishment of a multidistrict litigation case in the Southern District of New York #88 , IT IS HEREBY ORDERED that the motion to transfer #89 is denied without prejudice to being refiled if the motion for coordinated or consolidated pretrial proceedings is denied by the Judicial Panel on Multidistrict Litigation. Signed by District Judge Rodney W. Sippel on 8/17/16. (CAR) [Transferred from Missouri Eastern on 10/11/2016.]
August 16, 2016 Filing 91 DECLARATION filed by Defendants Ahmad Chatila, Brian Wuebbels re #90 Memorandum in Support of Motion Declaration of Charles N. Insler in Support of Defendants Ahmad r. Chatila dn Brian Wuebbels' Mot to Transfer The Case. (Attachments: #1 Exhibit A Amended Consolidated Compalint of Horowitz, #2 Exhibit B - Complaint of Usenko, #3 Exhibit C - Complaint of Church)(Insler, Charles) [Transferred from Missouri Eastern on 10/11/2016.]
August 16, 2016 Filing 90 MEMORANDUM in Support of Motion re #89 MOTION to Transfer Case to Chief Judge Rodney W. Sippel filed by Defendants Ahmad Chatila, Brian Wuebbels. (Insler, Charles) [Transferred from Missouri Eastern on 10/11/2016.]
August 16, 2016 Filing 89 MOTION to Transfer Case to Chief Judge Rodney W. Sippel by Defendants Ahmad Chatila, Brian Wuebbels. (Insler, Charles) [Transferred from Missouri Eastern on 10/11/2016.]
August 10, 2016 Filing 88 NOTICE received re: SunEdison, Inc. Litigation (MDL). (KXS) [Transferred from Missouri Eastern on 10/11/2016.]
August 8, 2016 Filing 87 WAIVER OF SERVICE Returned Executed filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN Peter Blackmore waiver signed on 8/2/2016, answer due 10/3/2016. (Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
August 5, 2016 Opinion or Order Filing 86 Docket Text ORDER: Re: #82 MOTION for Leave to Appear Pro Hac Vice Charles Wm. McIntyre. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5524929) by Defendant KPMG LLP. (Attachments: # 1 Bar Admissions, # 2 Certificate of Good Standing)(McIntyre, Charles) filed by KPMG LLP, #84 MOTION for Leave to Appear Pro Hac Vice Darren W. Stanhouse. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5524980) by Defendant KPMG LLP. (Attachments: # 1 Bar Admissions, # 2 Certificate of Good Standing)(Stanhouse, Darren) filed by KPMG LLP, #83 MOTION for Leave to Appear Pro Hac Vice Jessica E. Morrison. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5524960) by Defendant KPMG LLP. (Attachments: # 1 Bar Admissions, # 2 Certificate of Good Standing)(Morrison, Jessica) filed by KPMG LLP, #85 MOTION for Leave to Appear Pro Hac Vice Franklin D. Annand. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5525002) by Defendant KPMG LLP. (Attachments: # 1 Bar Admissions, # 2 Certificate of Good Standing)(Annand, Franklin) filed by KPMG LLP ; ORDERED ALL FOUR MOTIONS GRANTED.. Signed by District Judge Rodney W. Sippel on 8/5/16. (LGK) [Transferred from Missouri Eastern on 10/11/2016.]
August 4, 2016 Filing 85 MOTION for Leave to Appear Pro Hac Vice Franklin D. Annand. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5525002) by Defendant KPMG LLP. (Attachments: #1 Bar Admissions, #2 Certificate of Good Standing)(Annand, Franklin) [Transferred from Missouri Eastern on 10/11/2016.]
August 4, 2016 Filing 84 MOTION for Leave to Appear Pro Hac Vice Darren W. Stanhouse. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5524980) by Defendant KPMG LLP. (Attachments: #1 Bar Admissions, #2 Certificate of Good Standing)(Stanhouse, Darren) [Transferred from Missouri Eastern on 10/11/2016.]
August 4, 2016 Filing 83 MOTION for Leave to Appear Pro Hac Vice Jessica E. Morrison. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5524960) by Defendant KPMG LLP. (Attachments: #1 Bar Admissions, #2 Certificate of Good Standing)(Morrison, Jessica) [Transferred from Missouri Eastern on 10/11/2016.]
August 4, 2016 Filing 82 MOTION for Leave to Appear Pro Hac Vice Charles Wm. McIntyre. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5524929) by Defendant KPMG LLP. (Attachments: #1 Bar Admissions, #2 Certificate of Good Standing)(McIntyre, Charles) [Transferred from Missouri Eastern on 10/11/2016.]
August 2, 2016 Filing 81 WAIVER OF SERVICE Returned Executed filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN Antonio Alvarez waiver signed on 7/27/2016, (NO ANSWER REQUIRED, PLEASE SEE DOCUMENT 68.). (Graham, Maurice) Modified on 8/3/2016 (LGK). [Transferred from Missouri Eastern on 10/11/2016.]
August 2, 2016 Filing 80 WAIVER OF SERVICE Returned Executed filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN Steven V Tesoriere waiver signed on 7/27/2016, (NO ANSWER REQUIRED, PLEASE SEE DOCUMENT 68.). (Graham, Maurice) Modified on 8/3/2016 (LGK). [Transferred from Missouri Eastern on 10/11/2016.]
August 2, 2016 Filing 79 WAIVER OF SERVICE Returned Executed filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN Randy H. Zwirn waiver signed on 7/27/2016, (NO ANSWER REQUIRED, PLEASE SEE DOCUMENT 68.). (Graham, Maurice) Modified on 8/3/2016 (LGK). [Transferred from Missouri Eastern on 10/11/2016.]
August 2, 2016 Filing 78 WAIVER OF SERVICE Returned Executed filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN James B. Williams waiver signed on 7/27/2016, (NO ANSWER REQUIRED, PLEASE SEE DOCUMENT 68.). . (Graham, Maurice) Modified on 8/3/2016 (LGK). [Transferred from Missouri Eastern on 10/11/2016.]
August 2, 2016 Filing 77 WAIVER OF SERVICE Returned Executed filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN Georganne Proctor waiver signed on 7/27/2016, (NO ANSWER REQUIRED, PLEASE SEE DOCUMENT 68.). (Graham, Maurice) Modified on 8/3/2016 (LGK). [Transferred from Missouri Eastern on 10/11/2016.]
August 2, 2016 Filing 76 WAIVER OF SERVICE Returned Executed filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN Emmanuel Hernandez waiver signed on 7/27/2016, (NO ANSWER REQUIRED, PLEASE SEE DOCUMENT 68.). (Graham, Maurice) Modified on 8/3/2016 (LGK). [Transferred from Missouri Eastern on 10/11/2016.]
August 2, 2016 Filing 75 WAIVER OF SERVICE Returned Executed filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN Clayton C. Daley, Jr waiver signed on 7/27/2016, (NO ANSWER REQUIRED, PLEASE SEE DOCUMENT 68.). (Graham, Maurice) Modified on 8/3/2016 (LGK). [Transferred from Missouri Eastern on 10/11/2016.]
July 29, 2016 Filing 74 SUMMONS Returned Executed filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. KPMG LLP served on 7/28/2016 (NO ANSWER REQUIRED, PLEASE SEE DOCUMENT 68.). (Graham, Maurice) Modified on 8/2/2016 (LGK [Transferred from Missouri Eastern on 10/11/2016.]
July 28, 2016 Filing 73 Summons Issued as to defendant KPMG LLP. The summons was emailed to Counsel of record, Salvatore Graziano. (LGK) [Transferred from Missouri Eastern on 10/11/2016.]
July 27, 2016 Filing 72 ENTRY of Appearance by John Rehmann, II for Defendant Peter Blackmore. (Rehmann, John) [Transferred from Missouri Eastern on 10/11/2016.]
July 27, 2016 Filing 71 ENTRY of Appearance by James F. Bennett for Defendant Peter Blackmore. (Bennett, James) [Transferred from Missouri Eastern on 10/11/2016.]
July 27, 2016 Filing 70 NOTICE OF PROCESS SERVER by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN Process Server: Mark B. Smith (Attachments: #1 Summons)(Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
July 22, 2016 Filing 69 AMENDED COMPLAINT against defendant Ahmad Chatila, Brian Wuebbels, Emmanuel Hernandez, Antonio Alvarez, Peter Blackmore, Clayton C. Daley, Jr, Georganne Proctor, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Goldman, Sachs & Co., Merrill Lynch Pierce, Fenner & Smith, Inc., Deutsche Bank Securities, Inc., Morgan Stanley & Co. LLC, J.P. MORGAN SECURITIES LLC,, Macquarie Capital (USA), Inc., MCS Capital Markets LLC, KPMG LLP Amendment to #1 Complaint, , filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. Related document: #1 Complaint, filed by Dina Horowitz.(Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
July 19, 2016 Opinion or Order Filing 68 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion to reopen case #60 is denied without prejudice and this case remains administratively closed, except that lead plaintiff shall be permitted to file and serve a consolidated amended complaint in this administratively closed case in accordance with the provisions set out above. No defendants are required to answer or otherwise respond to the consolidated amended complaint pending further Order of this Court, and no defendant will be held in default for failing to answer or otherwise respond to the consolidated amended complaint pending further Order of this Court. However, counsel for any newly joined defendant shall file an entry of appearance upon proper service to be notified of any future filings in this case. IT IS FURTHER ORDERED that the parties shall file a joint status report on the bankruptcy proceedings ninety (90) days from the date of this Memorandum and Order as set out above. IT IS FURTHER ORDERED that the motion for telephone conference #67 is denied. ( Status Report due by 10/17/2016.)Signed by District Judge Rodney W. Sippel on 7/19/16. (ARL) [Transferred from Missouri Eastern on 10/11/2016.]
July 18, 2016 Filing 67 CONSENT to Request for Telephonic Conference With Court by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN.. (Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
May 20, 2016 Filing 66 REPLY MEMORANDUM in Support of Motion re #60 MOTION to Reopen Case filed by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Attachments: #1 Affidavit of Maurice B. Graham, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Graham, Maurice) Modified on 5/23/2016 (CAR). [Transferred from Missouri Eastern on 10/11/2016.]
May 13, 2016 Filing 65 RESPONSE to Motion re #60 MOTION to Reopen Case filed by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Davis, Glenn) [Transferred from Missouri Eastern on 10/11/2016.]
May 5, 2016 Opinion or Order Filing 64 Docket Text ORDER: Re: #63 Consent MOTION for Extension of: time for defendants to file consolidated response to Plaintiffs' Motion re: Court's orders to administratively close actions filed by Ahmad Chatila, SunEdison, Inc., Brian Wuebbels; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 5/5/16. (CAR) [Transferred from Missouri Eastern on 10/11/2016.]
May 4, 2016 Filing 63 Consent MOTION for Extension of: tme for defendants to file consolidated resp to Plaintiffs' Mot re: Court's orders to administratively close actions by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Davis, Glenn) [Transferred from Missouri Eastern on 10/11/2016.]
April 28, 2016 Filing 62 AFFIDAVIT re #61 Memorandum in Support of Motion, #60 MOTION to Reopen Case by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
April 28, 2016 Filing 61 MEMORANDUM in Support of Motion re #60 MOTION to Reopen Case filed by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
April 28, 2016 Filing 60 MOTION to Reopen Case by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
April 26, 2016 Opinion or Order Filing 59 ORDER : IT IS HEREBY ORDERED that the Clerk of the Court shall administratively CLOSE this action, subject to reopening on a motion filed in compliance with this order. IT IS FURTHER ORDERED that any pending motions are denied without prejudice to being refiled in the event the case is reopened.Signed by District Judge Rodney W. Sippel on 4/26/16. (ARL) [Transferred from Missouri Eastern on 10/11/2016.]
April 25, 2016 Filing 58 NOTICE OF FILING BANKRUPTCY filed by Defendant SunEdison, Inc. not of automatic stay and suggestion of bankruptcy (Attachments: #1 Exhibit face sheet to voluntary pet, #2 Exhibit attachment to voluntary petition)(Davis, Glenn) [Transferred from Missouri Eastern on 10/11/2016.]
April 14, 2016 Opinion or Order Filing 57 Docket Text ORDER: Re: #54 MOTION for Leave to Appear Pro Hac Vice Salvatore J. Graziano, #55 MOTION for Leave to Appear Pro Hac Vice Katherine Sinderson, and #56 MOTION for Leave to Appear Pro Hac Vice Jacob Nachmani, filed by MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 4/14/16. (CAR) [Transferred from Missouri Eastern on 10/11/2016.]
April 13, 2016 Filing 56 MOTION for Leave to Appear Pro Hac Vice Jacob Nachmani. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5356369) by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Attachments: #1 Attachment A, #2 Certificate of Good Standing)(Nachmani, Jacob) [Transferred from Missouri Eastern on 10/11/2016.]
April 13, 2016 Filing 55 MOTION for Leave to Appear Pro Hac Vice Katherine Sinderson. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5356345) by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Attachments: #1 Attachment A, #2 Certificate of Good Standing)(Sinderson, Katherine) [Transferred from Missouri Eastern on 10/11/2016.]
April 13, 2016 Filing 54 MOTION for Leave to Appear Pro Hac Vice Salvatore J. Graziano. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5356321) by Plaintiff MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Attachments: #1 Attachment A, #2 Attachment B, #3 Certificate of Good Standing)(Graziano, Salvatore) [Transferred from Missouri Eastern on 10/11/2016.]
March 24, 2016 Opinion or Order Filing 53 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Municipal Employees' Retirement System of Michigan's motion for appointment as lead plaintiff and for appointment of lead counsel #37 is granted, and Municipal Employees' Retirement System of Michigan is appointed lead plaintiff, and Bernstein Litowitz is appointed lead counsel. IT IS FURTHER ORDERED that the Zecher Family Group's motion for appointment as lead plaintiff and for appointment of lead counsel #40 is denied. IT IS FURTHER ORDERED that the scheduling order entered on January 8, 2016 #9 remains in full force and effect and applies to all consolidated cases. Lead Plaintiff shall file its consolidated or amended complaint within 60 days of the date of this Memorandum and Order, and defendants shall answer, move, or otherwise respond to the consolidated or amended complaint within 60 days of the consolidated or amended complaint being filed as set out in the January 8, 2016 Order. Signed by District Judge Rodney W. Sippel on 3/24/16(LGK) [Transferred from Missouri Eastern on 10/11/2016.]
March 11, 2016 Opinion or Order Filing 52 Docket Text ORDER: Re: #51 MOTION for Leave to Appear Pro Hac Vice Jamie A. Bartlett. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5303156) by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Attachments: # 1 Attachment A, # 2 Certificate of Good Standing)(Bartlett, Jaime) filed by Ahmad Chatila, SunEdison, Inc., Brian Wuebbels ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 3/11/16. (ARL) [Transferred from Missouri Eastern on 10/11/2016.]
March 10, 2016 Filing 51 MOTION for Leave to Appear Pro Hac Vice Jamie A. Bartlett. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5303156) by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Attachments: #1 Attachment A, #2 Certificate of Good Standing)(Bartlett, Jaime) [Transferred from Missouri Eastern on 10/11/2016.]
March 9, 2016 Opinion or Order Filing 50 Docket Text ORDER: Re: #47 MOTION for Leave to Appear Pro Hac Vice Hille R. Sheppard. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5299310) by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Certificate of Good Standing)(Sheppard, Hille) filed by Ahmad Chatila, SunEdison, Inc., Brian Wuebbels ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 3/8/16. (LGK) [Transferred from Missouri Eastern on 10/11/2016.]
March 9, 2016 Opinion or Order Filing 49 Docket Text ORDER: Re: #46 MOTION for Leave to Appear Pro Hac Vice Norman J. Blears. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5299252) by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Attachments: # 1 Attachment A, # 2 Certificate of Good Standing)(Blears, Norman) filed by Ahmad Chatila, SunEdison, Inc., Brian Wuebbels ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 3/9/16. (LGK) [Transferred from Missouri Eastern on 10/11/2016.]
March 9, 2016 Opinion or Order Filing 48 Docket Text ORDER: Re: #45 MOTION for Leave to Appear Pro Hac Vice Sara B. Brody. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5299186) by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Attachments: # 1 Attachment A, # 2 Certificate of Good Standing)(Brody, Sara) filed by Ahmad Chatila, SunEdison, Inc., Brian Wuebbels ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 3/9/16. (LGK) [Transferred from Missouri Eastern on 10/11/2016.]
March 8, 2016 Filing 47 MOTION for Leave to Appear Pro Hac Vice Hille R. Sheppard. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5299310) by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Attachments: #1 Attachment A, #2 Attachment B, #3 Certificate of Good Standing)(Sheppard, Hille) [Transferred from Missouri Eastern on 10/11/2016.]
March 8, 2016 Filing 46 MOTION for Leave to Appear Pro Hac Vice Norman J. Blears. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5299252) by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Attachments: #1 Attachment A, #2 Certificate of Good Standing)(Blears, Norman) [Transferred from Missouri Eastern on 10/11/2016.]
March 8, 2016 Filing 45 MOTION for Leave to Appear Pro Hac Vice Sara B. Brody. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5299186) by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Attachments: #1 Attachment A, #2 Certificate of Good Standing)(Brody, Sara) [Transferred from Missouri Eastern on 10/11/2016.]
March 7, 2016 Filing 44 MEMORANDUM in Opposition re #37 First MOTION to Appoint Lead Counsel and for Appointment as Lead Plaintiff filed by Movant The Zecher Family Group. (Attachments: #1 Attachment A)(Siegel, Norman) [Transferred from Missouri Eastern on 10/11/2016.]
March 7, 2016 Filing 43 MEMORANDUM in Support of Motion re #37 First MOTION to Appoint Lead Counsel and for Appointment as Lead Plaintiff filed by Movant MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Attachments: #1 Declaration, #2 Exhibit A)(Graham, Maurice) Modified on 3/8/2016 (CAR). [Transferred from Missouri Eastern on 10/11/2016.]
February 29, 2016 Filing 42 DECLARATION filed by Movant The Zecher Family Group re #40 First MOTION to Appoint Lead Counsel and for Appointment as Lead Plaintiff . (Attachments: #1 Exhibit 1, #2 Exhibit 2 a-d, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Siegel, Norman) [Transferred from Missouri Eastern on 10/11/2016.]
February 29, 2016 Filing 41 MEMORANDUM in Support of Motion re #40 First MOTION to Appoint Lead Counsel and for Appointment as Lead Plaintiff filed by Movant The Zecher Family Group. (Siegel, Norman) [Transferred from Missouri Eastern on 10/11/2016.]
February 29, 2016 Filing 40 First MOTION to Appoint Lead Counsel and for Appointment as Lead Plaintiff by Movant The Zecher Family Group. (Attachments: #1 Text of Proposed Order)(Siegel, Norman) [Transferred from Missouri Eastern on 10/11/2016.]
February 29, 2016 Filing 39 DECLARATION filed by Movant MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN re #37 First MOTION to Appoint Lead Counsel and for Appointment as Lead Plaintiff . (Attachments: #1 Exhibit Certification, #2 Exhibit MERS Loss Charts, #3 Exhibit Horowitz First Filed Notice, #4 Exhibit Horowitz Amended Complaint Notice, #5 Exhibit Horowitz AC Additional Notices, #6 Exhibit Kunz Expanded Notice, #7 Exhibit Kunz Glancy Additional Notice, #8 Exhibit Zecher Loss Charts, #9 Exhibit AMARIN Brief, #10 Exhibit Firm Resume)(Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
February 29, 2016 Filing 38 MEMORANDUM in Support of Motion re #37 First MOTION to Appoint Lead Counsel and for Appointment as Lead Plaintiff filed by Movant MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
February 29, 2016 Filing 37 First MOTION to Appoint Lead Counsel and for Appointment as Lead Plaintiff by Movant MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN. (Attachments: #1 Exhibit Proposed Order)(Graham, Maurice) [Transferred from Missouri Eastern on 10/11/2016.]
February 29, 2016 Filing 36 NOTICE by Plaintiff Dina Horowitz of the Institutional Investor Group Concerning Its Motion For Appointment As Lead Plaintiff, And Approval of Selection of Counsel (Johnson, Eric) [Transferred from Missouri Eastern on 10/11/2016.]
February 29, 2016 Filing 35 NOTICE Support of Proposed Lead Plaintiff Municipal Employees Retirement System of Michigan: by Movants Scott Kroeker, Steve Wiegele (Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
February 17, 2016 Filing 34 NOTICE by Movant Andrew C. Newman (Miller, John) [Transferred from Missouri Eastern on 10/11/2016.]
February 16, 2016 Opinion or Order Filing 33 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the joint motion to consolidate #29 is granted only to the following extent: this case is consolidated with Moodie, et al. v. SunEdison, Inc., et al., Cause No. 4:15cv1809 ERW, and Kunz v. SunEdison, Inc., et al., Cause No. 4:16cv113 HEA, for all purposes, the Moodie and Kunz cases shall be administratively closed, and from this date forward, all submissions shall be filed only in Dina Horowitz, et al. v. SunEdison, Inc., et al, Cause Number 4: 15cv1769 RWS, and shall bear only the Horowitz caption. IT IS FURTHER ORDERED that any motions for appointment of lead plaintiff and lead counsel shall be filed no later than February 29, 2016, and any opposition must be filed no later than March 7, 2016. Any such motion, supporting memorandum, or opposition shall comply with the page limitations set out in the Courts local rules. No reply briefs will be permitted. IT IS FURTHER ORDERED that the joint motion for briefing schedule #31 is denied as moot. Signed by District Judge Rodney W. Sippel on 2/16/16. (CAR) [Transferred from Missouri Eastern on 10/11/2016.]
February 8, 2016 Filing 32 MEMORANDUM in Support of Motion re #31 Joint MOTION for Relief (Unopposed) Setting Schedule for Lead Plaintiff Motions filed by Movants Kim Kyung Boum, Cameron Braithwaite, Ankur Dadoo, Erste-Sparinvest Kapitalanlagegesellschaft mbH, Victoriano V. Fernandez, KBC Asset Management NV, Scott Kroeker, MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN, Andrew C. Newman, The Zecher Family Group, Jerome Thissen, Steve Wiegele, Plaintiffs Dina Horowitz, The Zecher Family Group. (Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
February 8, 2016 Filing 31 Joint MOTION for Relief (Unopposed) Setting Schedule for Lead Plaintiff Motions by Movants Kim Kyung Boum, Cameron Braithwaite, Ankur Dadoo, Erste-Sparinvest Kapitalanlagegesellschaft mbH, Victoriano V. Fernandez, KBC Asset Management NV, Scott Kroeker, MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN, Andrew C. Newman, The Zecher Family Group, Jerome Thissen, Steve Wiegele, Plaintiffs Dina Horowitz, The Zecher Family Group. (Attachments: #1 Text of Proposed Order Proposed Order)(Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
February 8, 2016 Filing 30 MEMORANDUM in Support of Motion re #29 Joint MOTION to Consolidate Cases (Unopposed) filed by Movants Kim Kyung Boum, Cameron Braithwaite, Ankur Dadoo, Erste-Sparinvest Kapitalanlagegesellschaft mbH, Victoriano V. Fernandez, KBC Asset Management NV, Scott Kroeker, MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN, Andrew C. Newman, The Zecher Family Group, Jerome Thissen, Steve Wiegele, Plaintiffs Dina Horowitz, The Zecher Family Group. (Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
February 8, 2016 Filing 29 Joint MOTION to Consolidate Cases (Unopposed) by Movants Kim Kyung Boum, Cameron Braithwaite, Ankur Dadoo, Erste-Sparinvest Kapitalanlagegesellschaft mbH, Victoriano V. Fernandez, KBC Asset Management NV, Scott Kroeker, MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN, Andrew C. Newman, The Zecher Family Group, Jerome Thissen, Steve Wiegele, Plaintiffs Dina Horowitz, The Zecher Family Group. (Attachments: #1 Text of Proposed Order Proposed Order)(Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
February 2, 2016 Opinion or Order Filing 28 MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that all pending motions are denied without prejudice to being refiled in accordance with this Memorandum and Order. IT IS FURTHER ORDERED that, in the event an appropriate motion to consolidate this action with case numbers 4:15CV1809 ERW and 4:16CV113 HEA is actually filed in this case, any objection to consolidation shall be filed within fourteen days of the motion being filed or said objection shall be waived.. Signed by District Judge Rodney W. Sippel on 2/2/16. (LGK) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 27 DECLARATION filed by Movant The Zecher Family Group re #25 MOTION to Appoint Lead Counsel , Consolidate Cases, and Appoint Lead Plaintiff names:Hagens Berman Sobol Shapiro LLP . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Siegel, Norman) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 26 MEMORANDUM in Support of Motion re #25 MOTION to Appoint Lead Counsel , Consolidate Cases, and Appoint Lead Plaintiff names:Hagens Berman Sobol Shapiro LLP filed by Movant The Zecher Family Group. (Siegel, Norman) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 25 MOTION to Appoint Lead Counsel , Consolidate Cases, and Appoint Lead Plaintiff names:Hagens Berman Sobol Shapiro LLP by Plaintiff The Zecher Family Group. (Siegel, Norman) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 24 DECLARATION filed by Movants Kim Kyung Boum, Cameron Braithwaite, Ankur Dadoo, Victoriano V. Fernandez, Jerome Thissen re #20 MOTION to Consolidate Cases Consolidate with higher case number 15-cv-01809, 16-cv-00113 MOTION to Appoint Lead Counsel and Appoint Lead Plaintiff names:Jeremy A. Lieberman . (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certifications, #3 Exhibit C - Loss Chart, #4 Exhibit D - Firm Resume)(Lieberman, Jeremy) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 23 MEMORANDUM in Support of Motion re #20 MOTION to Consolidate Cases Consolidate with higher case number 15-cv-01809, 16-cv-00113 MOTION to Appoint Lead Counsel and Appoint Lead Plaintiff names:Jeremy A. Lieberman filed by Movants Kim Kyung Boum, Cameron Braithwaite, Ankur Dadoo, Victoriano V. Fernandez, Jerome Thissen. (Lieberman, Jeremy) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 22 MOTION to Appoint Lead Counsel Declaration names:Maurice B. Graham by Movant Municipal Employee's Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Graham, Maurice) Modified on 2/2/2016 (CAR). [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 21 MEMORANDUM in Support of Motion re #18 MOTION to Consolidate Cases , MOTION for Appointment as Lead Plaintiff and Approval of Selection of Counsel Consolidate with higher case number 15-1809, 16-113 filed by Movants Erste-Sparinvest Kapitalanlagegesellschaft mbH, KBC Asset Management NV. (Attachments: #1 Exhibit A - Notice, #2 Exhibit B - Certifications, #3 Exhibit C - Loss Charts, #4 Exhibit D - Firm Resume)(Johnson, Eric) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 20 MOTION to Consolidate Cases Consolidate with higher case number 15-cv-01809, 16-cv-00113, MOTION to Appoint Lead Counsel and Appoint Lead Plaintiff names:Jeremy A. Lieberman by Movants Ankur Dadoo, Kim Kyung Boum, Cameron Braithwaite, Jerome Thissen, Victoriano V. Fernandez. (Attachments: #1 Text of Proposed Order)(Lieberman, Jeremy) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 19 MEMORANDUM in Support of Motion re #17 MOTION to Appoint Lead Counsel names:Maurice B. Graham filed by Movant Municipal Employees' Retirement System of Michigan. (Graham, Maurice) Modified on 2/2/2016 (CAR). [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 18 MOTION to Consolidate Cases , MOTION for Appointment as Lead Plaintiff and Approval of Selection of Counsel Consolidate with higher case number 15-1809, 16-113 by Movants Erste-Sparinvest Kapitalanlagegesellschaft mbH, KBC Asset Management NV. (Attachments: #1 Attachment Memorandum in Support, #2 Text of Proposed Order)(Johnson, Eric) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 17 MOTION to Appoint Lead Counsel names:Maurice B. Graham by Movant Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit Proposed Order)(Graham, Maurice) Modified on 2/2/2016 (CAR). [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 16 DECLARATION filed by Movants Scott Kroeker, Steve Wiegele re #14 MOTION to Appoint Counsel MOTION to Appoint Lead Counsel names:Gardy & Notis LLP . (Attachments: #1 Exhibit 1-6)(Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 15 MEMORANDUM in Support of Motion re #14 MOTION to Appoint Counsel MOTION to Appoint Lead Counsel names:Gardy & Notis LLP filed by Movants Scott Kroeker, Steve Wiegele. (Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 14 MOTION to Appoint Counsel , MOTION to Appoint Lead Counsel names:Gardy & Notis LLP by Movants Scott Kroeker, Steve Wiegele. (Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 13 DECLARATION filed by Movant Andrew C. Newman re #12 Memorandum in Support of Motion, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Miller, John) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 12 MEMORANDUM in Support of Motion re #11 MOTION to Appoint Lead Counsel and Lead Plaintiff MOTION to Consolidate Cases Consolidate with higher case number 4:15-cv-01809-ERW, 4:16-cv-00113-HEA filed by Movant Andrew C. Newman. (Miller, John) [Transferred from Missouri Eastern on 10/11/2016.]
February 1, 2016 Filing 11 MOTION to Appoint Lead Counsel and Lead Plaintiff, MOTION to Consolidate Cases Consolidate with higher case number 4:15-cv-01809-ERW, 4:16-cv-00113-HEA by Movant Andrew C. Newman. (Attachments: #1 Exhibit Proposed Order)(Miller, John) [Transferred from Missouri Eastern on 10/11/2016.]
January 19, 2016 Filing 10 AMENDED COMPLAINT against defendant All Defendants , filed by Dina Horowitz. (Attachments: #1 Attachment Certification of Dina Horowitz)(Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
January 8, 2016 Opinion or Order Filing 9 ORDER re #7 MOTION, STIPULATION AND ORDER OF DEFENDANTS' TIME TO RESPOND TO COMPLAINT filed by Ahmad Chatila, SunEdison, Inc., Brian Wuebbels; SO ORDERED. Defendants shall answer, move, or otherwise respond to the amended complaint 60 days from the filing thereof. In the event Defendants file one or more motions to dismiss the amended complaint, Lead Plaintiff will have 60 days from filing of such motions in which to file papers in opposition to the motions. Defendants will have 45 days thereafter in which to file reply papers. Signed by District Judge Rodney W. Sippel on 1/8/16. (CAR) [Transferred from Missouri Eastern on 10/11/2016.]
January 7, 2016 Filing 8 ENTRY of Appearance by Charles N. Insler for Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Insler, Charles) [Transferred from Missouri Eastern on 10/11/2016.]
January 7, 2016 Filing 7 MOTION for Extension MOTION, STIPULATION AND PROPOSED ORDER of: EXTEND DEFENDANTS' TIME TO RESPOND TO COMPLAINT by Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Davis, Glenn) [Transferred from Missouri Eastern on 10/11/2016.]
January 7, 2016 Filing 6 ENTRY of Appearance by Glenn E. Davis for Defendants Ahmad Chatila, SunEdison, Inc., Brian Wuebbels. (Davis, Glenn) [Transferred from Missouri Eastern on 10/11/2016.]
December 14, 2015 Filing 5 SUMMONS Returned Executed filed by Dina Horowitz. SunEdison, Inc. served on 12/3/2015, answer due 12/24/2015. (Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
December 14, 2015 Filing 4 SUMMONS Returned Executed filed by Dina Horowitz. Brian Wuebbels served on 12/3/2015, answer due 12/24/2015. (Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
December 14, 2015 Filing 3 SUMMONS Returned Executed filed by Dina Horowitz. Ahmad Chatila served on 12/3/2015, answer due 12/24/2015. (Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]
December 2, 2015 Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Dina Horowitz Process Server: Harry Yiatris (Attachments: #1 Summons Chatila, #2 Summons Wuebbels)(BAK) [Transferred from Missouri Eastern on 10/11/2016.]
December 2, 2015 Summons Issued as to defendant Ahmad R. Chatila, SunEdison, Inc., Brian Wuebbels. The summons were emailed to attorney James J. Rosemergy. (BAK) [Transferred from Missouri Eastern on 10/11/2016.]
December 1, 2015 Case Opening Notification: All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. District Judge Rodney W. Sippel. Summons will be issued when Notice of Process Server and correct summons for each defendant are filed. (BAK) [Transferred from Missouri Eastern on 10/11/2016.]
November 30, 2015 Filing 1 COMPLAINT against defendant Ahmad R. Chatila, SunEdison, Inc., Brian Wuebbels with receipt number 0865-5154380, in the amount of $400 Jury Demand,, filed by Dina Horowitz. (Attachments: #1 Attachment, #2 Civil Cover Sheet, #3 Original Filing Form, #4 Summons, #5 Summons)(Rosemergy, James) [Transferred from Missouri Eastern on 10/11/2016.]

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Search for this case: Horowitz v. SunEdison, Inc. et al
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Defendant: SunEdison, Inc
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Defendant: Deutsche Bank Securities Inc.
Represented By: Adam Selim Hakki
Represented By: Adam Joshua Goldstein
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Defendant: Emmanuel Hernandez
Represented By: Matthew P. Henry
Represented By: Nicole Marie Ryan
Represented By: Jaime Allyson Bartlett
Represented By: Thomas Andrew Paskowitz
Represented By: Sheila Ruby Adams
Represented By: James H.R. Windels
Represented By: Sara B. Brody
Represented By: Chris K. Meyer
Represented By: Robin Eve Wechkin
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Defendant: MCS Capital Markets, LLC
Represented By: Adam Selim Hakki
Represented By: Adam Joshua Goldstein
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Defendant: Goldman Sachs & Co
Represented By: Adam Selim Hakki
Represented By: Adam Joshua Goldstein
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Defendant: Randy H. Zwirn
Represented By: Matthew P. Henry
Represented By: Nicole Marie Ryan
Represented By: Jaime Allyson Bartlett
Represented By: Thomas Andrew Paskowitz
Represented By: Sheila Ruby Adams
Represented By: James H.R. Windels
Represented By: Sara B. Brody
Represented By: Chris K. Meyer
Represented By: Robin Eve Wechkin
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Defendant: J.P Morgan Securities LLC
Represented By: Adam Selim Hakki
Represented By: Adam Joshua Goldstein
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Defendant: KPMG L.L.P.
Represented By: Charles William McIntyre
Represented By: Franklin Darley Annand
Represented By: Darren William Stanhouse
Represented By: Jessica Erin Morrison
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Defendant: Steven V Tesoriere
Represented By: William Eugene Freeland
Represented By: Matthew P. Henry
Represented By: Nicole Marie Ryan
Represented By: Jaime Allyson Bartlett
Represented By: Thomas Andrew Paskowitz
Represented By: Richard A. Rosen
Represented By: Sara B. Brody
Represented By: Chris K. Meyer
Represented By: Robin Eve Wechkin
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Defendant: Clayton C. Daley, Jr.
Represented By: Matthew P. Henry
Represented By: Nicole Marie Ryan
Represented By: Jaime Allyson Bartlett
Represented By: Thomas Andrew Paskowitz
Represented By: Sheila Ruby Adams
Represented By: James H.R. Windels
Represented By: Sara B. Brody
Represented By: Chris K. Meyer
Represented By: Robin Eve Wechkin
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Defendant: Georganne Proctor
Represented By: Matthew P. Henry
Represented By: Nicole Marie Ryan
Represented By: Jaime Allyson Bartlett
Represented By: Thomas Andrew Paskowitz
Represented By: Sheila Ruby Adams
Represented By: James H.R. Windels
Represented By: Sara B. Brody
Represented By: Robin Eve Wechkin
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Defendant: Morgan Stanley & Co L.L.C.
Represented By: Adam Selim Hakki
Represented By: Adam Joshua Goldstein
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Defendant: Antonio Alvarez
Represented By: Matthew P. Henry
Represented By: Nicole Marie Ryan
Represented By: Jaime Allyson Bartlett
Represented By: Thomas Andrew Paskowitz
Represented By: Sheila Ruby Adams
Represented By: James H.R. Windels
Represented By: Sara B. Brody
Represented By: Chris K. Meyer
Represented By: Robin Eve Wechkin
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Defendant: SUNEDISON, INC.
Represented By: Charles N. Insler
Represented By: Norman Jeffrey Blears
Represented By: Jaime Allyson Bartlett
Represented By: Glenn E. Davis
Represented By: Hille R. Sheppard
Represented By: Sara B. Brody
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Defendant: Macquarie Capital (USA) Inc.
Represented By: Adam Selim Hakki
Represented By: Adam Joshua Goldstein
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Defendant: Brian Wuebbels
Represented By: Charles N. Insler
Represented By: Matthew P. Henry
Represented By: Norman Jeffrey Blears
Represented By: Nicole Marie Ryan
Represented By: Jaime Allyson Bartlett
Represented By: Jerome C. Roth
Represented By: David Halleck Fry
Represented By: Glenn E. Davis
Represented By: Jessica Reich Baril
Represented By: Chris K. Meyer
Represented By: Hille R. Sheppard
Represented By: Sara B. Brody
Represented By: Robin Eve Wechkin
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Defendant: Ahmad Chatila
Represented By: Charles N. Insler
Represented By: Joel M. Cohen
Represented By: Darcy Caitlyn Harris
Represented By: Matthew P. Henry
Represented By: Norman Jeffrey Blears
Represented By: Nicole Marie Ryan
Represented By: Lee Gordon Dunst
Represented By: Thomas Andrew Paskowitz
Represented By: Jaime Allyson Bartlett
Represented By: Glenn E. Davis
Represented By: Chris K. Meyer
Represented By: Hille R. Sheppard
Represented By: Sara B. Brody
Represented By: Robin Eve Wechkin
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Defendant: Peter Blackmore
Represented By: John Rehmann, II
Represented By: Michael G. Bongiorno
Represented By: Sierra Shear
Represented By: James F. Bennett
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Defendant: James B. Williams
Represented By: Matthew P. Henry
Represented By: Nicole Marie Ryan
Represented By: Jaime Allyson Bartlett
Represented By: Thomas Andrew Paskowitz
Represented By: Sheila Ruby Adams
Represented By: James H.R. Windels
Represented By: Sara B. Brody
Represented By: Chris K. Meyer
Represented By: Robin Eve Wechkin
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Defendant: Merrill Lynch Pierce Fenner & Smith Inc
Represented By: Adam Selim Hakki
Represented By: Adam Joshua Goldstein
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Plaintiff: Horowitz
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Plaintiff: Municipal Employees Retirement System of Michigan
Represented By: Katherine Mccracken Sinderson
Represented By: Maurice B. Graham
Represented By: Salvatore Jo Graziano
Represented By: Jacob Nachmani
Represented By: Adam David Hollander
Represented By: Max Wallace Berger
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Plaintiff: ERISA Plaintiffs
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Plaintiff: The Zecher Family Group
Represented By: Norman E. Siegel
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Plaintiff: Robert Kunz
Represented By: J. Christopher Wehrle
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Plaintiff: Dina Horowitz
Represented By: Maurice B. Graham
Represented By: James J. Rosemergy
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Plaintiff: Kenneth J. Moodie
Represented By: Michael J. Flannery
Represented By: J Alexander Hood
Represented By: Jeremy Alan Lieberman
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Petitioner: Cameron Braithwaite
Represented By: Jeremy Alan Lieberman
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Petitioner: Jerome Thissen
Represented By: Jeremy Alan Lieberman
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Petitioner: KBC Asset Management N.V.
Represented By: Eric S Johnson
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Petitioner: Scott Kroeker
Represented By: James J. Rosemergy
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Petitioner: Steve Wiegele
Represented By: James J. Rosemergy
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Petitioner: Erste-Sparinvest Kapitalanlagegesellschaft m.b.H.
Represented By: Eric S Johnson
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Petitioner: Kim Kyung Boum
Represented By: Jeremy Alan Lieberman
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Petitioner: Andrew C. Newman
Represented By: John J. Miller
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Petitioner: Ankur Dadoo
Represented By: Jeremy Alan Lieberman
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Petitioner: Victoriano V. Fernandez
Represented By: Jeremy Alan Lieberman
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3rd party defendant: Paul Hastings LLP
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