In re: SunEdison, Inc. Securities Litigation
Plaintiff: SunEdison, Inc. Securities Class Action Plaintiffs
Defendant: SunEdison, Inc. Securities Class Action Defendants
Lead Plaintiff: Pyramid Holdings, Inc.
Case Number: 1:2016mc02742
Filed: October 26, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Albany
Presiding Judge: P Kevin Castel
Nature of Suit: Other
Cause of Action: 15 U.S.C. § 77
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2019 Filing 115 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated July 1, 2019 re: Horowitz case. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
June 12, 2019 Filing 114 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated June 12, 2019 re: Horowitz matter. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
March 11, 2019 Opinion or Order Filing 113 ORDER GRANTING UNOPPOSED MOTION FOR DISTRIBUTION OF CLASS ACTION SETTLEMENT FUNDS terminating #88 Motion for Disbursement of Funds; granting #104 Motion for Disbursement of Funds: IT IS HEREBY ORDERED THAT: 1. Lead Plaintiffs' Unopposed Motion for Distribution of Class Action Settlement Funds is GRANTED. The Court approves payment of $68,947.16 from the Net Settlement Fund to reimburse JND for its fees and expenses incurred in connection with administering the Settlement. If any funds shall remain in the Net Settlement Fund six months after such redistribution, then such balance shall be subject to further application to the court, as further set forth in this order. This Court retains jurisdiction over any further application or matter which may arise in connection with this action. (Signed by Judge P. Kevin Castel on 3/8/2019) (jwh)
November 29, 2018 Filing 112 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 SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
October 22, 2018 Filing 111 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 SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
October 22, 2018 Filing 110 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 SunEdison, Inc. Securities Class Action Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(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 109 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 SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
October 11, 2018 Opinion or Order Filing 108 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) (jwh)
October 9, 2018 Filing 107 DECLARATION of Robert Cormio in Support of Lead Counsel's Motion for Approval of Distribution Plan in Support re: #104 MOTION for Disbursement of Funds -Notice of Unopposed Motion for Distribution of Class Action Settlement Funds.. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
October 9, 2018 Filing 106 MEMORANDUM OF LAW in Support re: #104 MOTION for Disbursement of Funds -Notice of Unopposed Motion for Distribution of Class Action Settlement Funds. . Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
October 9, 2018 Filing 105 PROPOSED ORDER. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. Related Document Number: [Docket No. 104]. (Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff.
October 9, 2018 Filing 104 MOTION for Disbursement of Funds -Notice of Unopposed Motion for Distribution of Class Action Settlement Funds. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
October 9, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #105 Proposed Order was reviewed and approved as to form. (dt)
October 3, 2018 Opinion or Order Filing 103 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 1, 2018 Filing 102 PROPOSED ORDER. Document filed by SunEdison, Inc. Securities Class Action Defendants. Related Document Number: #99 . (Brody, Sara) Proposed Order to be reviewed by Clerk's Office staff.
October 1, 2018 Filing 101 DECLARATION of James H.R. Windels in Support re: #99 MOTION for Leave to File Under Seal Certain Materials .. Document filed by SunEdison, Inc. Securities Class Action Defendants. (Brody, Sara)
October 1, 2018 Filing 100 MEMORANDUM OF LAW in Support re: #99 MOTION for Leave to File Under Seal Certain Materials . . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Brody, Sara)
October 1, 2018 Filing 99 MOTION for Leave to File Under Seal Certain Materials . Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
September 19, 2018 Filing 98 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 SunEdison, Inc. Securities Class Action Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Brody, Sara)
August 24, 2018 Filing 97 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 SunEdison, Inc. Securities Class Action Defendants.(Bartlett, Jaime)
August 24, 2018 Opinion or Order Filing 96 MEMO ENDORSEMENT on re: #95 Letter Request to Continue Pre-Trial Hearing Date, filed by SunEdison, Inc. Securities Class Action Defendants. 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) (yv)
August 24, 2018 ***DELETED DOCUMENT. Deleted document number #97 MEMO ENDORSEMENT. The document was a duplicate entry of 96 filed in this case. (tro)
August 23, 2018 Filing 95 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 SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
August 22, 2018 Opinion or Order Filing 94 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 13, 2018 Filing 93 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 SunEdison, Inc. Securities Class Action Defendants. (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)(Brody, Sara)
August 6, 2018 Filing 92 DECLARATION of Robin Wechkin in Support of Individual Defendants' Opposition to Class Certification. Document filed by SunEdison, Inc. Securities Class Action Defendants. (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)(Brody, Sara)
August 6, 2018 Filing 91 MEMORANDUM OF LAW / Individual Defendants' Memorandum of Law in Opposition to Class Certification. Document filed by SunEdison, Inc. Securities Class Action Defendants. (Brody, Sara)
July 19, 2018 Filing 90 DECLARATION of Josephine Bravata in Support re: #88 MOTION for Disbursement of Funds - Notice of Unopposed Motion for Distribution of Class-Action Settlement Funds.. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
July 19, 2018 Filing 89 MEMORANDUM OF LAW in Support re: #88 MOTION for Disbursement of Funds - Notice of Unopposed Motion for Distribution of Class-Action Settlement Funds. . Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
July 19, 2018 Filing 88 MOTION for Disbursement of Funds - Notice of Unopposed Motion for Distribution of Class-Action Settlement Funds. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 [Proposed] Order)(Lieberman, Jeremy)
July 17, 2018 Opinion or Order Filing 87 ORDER OF WITHDRAWAL OF COUNSEL OF RECORD: SO ORDERED. (Signed by Judge P. Kevin Castel on 7/13/2018) (kgo)
June 13, 2018 Opinion or Order Filing 86 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) (mro)
June 8, 2018 Filing 85 DECLARATION of Stephanie Russell re: #84 Letter, . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Brody, Sara)
June 8, 2018 Filing 84 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 SunEdison, Inc. Securities Class Action Defendants. (Attachments: #1 Exhibit A - August 25, 2015 UBS Analyst Report, #2 Exhibit B - November 10, 2015 SunEdison Press Release)(Brody, Sara)
June 5, 2018 Opinion or Order Filing 83 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)
May 29, 2018 Filing 82 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 SunEdison, Inc. Securities Class Action Defendants. (Attachments: #1 Exhibit A - September 2, 2015 Bloomberg Article)(Brody, Sara)
May 18, 2018 Filing 81 ANSWER to #30 Complaint. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Hakki, Adam)
May 18, 2018 Filing 80 ANSWER to #25 Amended Complaint with JURY DEMAND. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
April 18, 2018 Filing 79 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated April 18, 2018 re: Scheduling Order. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
March 29, 2018 Opinion or Order Filing 78 ORDER: There will be a pretrial conference on April 17, 2018 at 2:30 p.m. in the Consolidated Securities Class Action and in the individual opt-out actions that bring claims under the federal securities laws. (Pretrial Conference set for 4/17/2018 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/29/2018) (cf)
March 29, 2018 Filing 77 SUPPLEMENTAL LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated March 29, 2018 re: Case Schedule. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
March 26, 2018 Filing 76 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated March 26, 2018 re: Case Schedule. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
March 14, 2018 Filing 75 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated March 14, 2018 re: Time to Answer in the Horowitz action (1:16-cv-07917-PKC). Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
March 6, 2018 Opinion or Order Filing 74 MEMORANDUM AND ORDER terminating #35 Motion to Dismiss; terminating #41 Motion to Dismiss; granting #46 Motion to Dismiss; terminating #33 Letter Motion for Leave to File Excess Pages. 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.). (Signed by Judge P. Kevin Castel on 3/6/2018) (cf) Modified on 5/24/2018 (jwh).
January 31, 2018 Minute Entry for proceedings held before Judge P. Kevin Castel: Fairness Hearing held on 1/31/2018. Docket Entries 37, 43, 57, 59, 63 and 64 are terminated. (Court Reporter Carol Ganley) (Nacanther, Florence)
January 19, 2018 Filing 73 DECLARATION of Sarah Evans Concerning the Mailing of the Notice and Claim Form, Requests for Exclusions and Objections in Support re: #63 MOTION to Approve Settlement ., #64 MOTION for Attorney Fees .. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
January 19, 2018 Filing 72 REPLY MEMORANDUM OF LAW in Support re: #63 MOTION to Approve Settlement ., #64 MOTION for Attorney Fees . . Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 [Proposed] Order and Final Judgment, #2 [Proposed] Order Awarding Attorneys Fees, Expenses, and Lead Plaintiff Award)(Lieberman, Jeremy)
January 19, 2018 Filing 71 REPLY MEMORANDUM OF LAW in Support re: #63 MOTION to Approve Settlement ., #64 MOTION for Attorney Fees . . Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 Affidavit Supplemental Declaration of Robert Cormio)(Lieberman, Jeremy)
December 21, 2017 Filing 70 DECLARATION of Sarah Evans (Claims Administrator) in Support re: #63 MOTION to Approve Settlement ., #64 MOTION for Attorney Fees .. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
December 21, 2017 Filing 69 DECLARATION of J. Christopher Wehrle in Support re: #64 MOTION for Attorney Fees .. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 Wehrle Law Firm Resume)(Lieberman, Jeremy)
December 21, 2017 Filing 68 DECLARATION of Laurence M. Rosen in Support re: #63 MOTION to Approve Settlement ., #64 MOTION for Attorney Fees .. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 Rosen Law Firm Resume)(Lieberman, Jeremy)
December 21, 2017 Filing 67 DECLARATION of Jeremy A. Lieberman in Support re: #63 MOTION to Approve Settlement ., #64 MOTION for Attorney Fees .. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 Pomerantz LLP Firm Resume)(Lieberman, Jeremy)
December 21, 2017 Filing 66 MEMORANDUM OF LAW in Support re: #64 MOTION for Attorney Fees . . Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
December 21, 2017 Filing 65 MEMORANDUM OF LAW in Support re: #63 MOTION to Approve Settlement . . Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
December 21, 2017 Filing 64 MOTION for Attorney Fees . Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
December 21, 2017 Filing 63 MOTION to Approve Settlement . Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
December 21, 2017 Filing 62 DECLARATION of Jeremy A. Lieberman in Support re: #59 MOTION for Settlement Final Approval of Proposed Class Action Settlement. MOTION for Attorney Fees , Reimbursement of Expenses, and Award to Lead Plaintiffs.. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 Exhibit 1 - JND Declaration, #2 Exhibit 2 - Pomerantz Fee Declaration, #3 Exhibit 3 - Rosen Fee Declaration, #4 Exhibit 4 - Cohen Milstein Declaration with part 1 of 2 of Ex. A, #5 Exhibit 4 - Cohen Milstein Declaration - part 2 of 2 of Ex. A, #6 Exhibit 5 - Schlettwein Declaration, #7 Exhibit 6 - Spindler Declaration)(Lieberman, Jeremy)
December 21, 2017 Filing 61 MEMORANDUM OF LAW in Support re: #59 MOTION for Settlement Final Approval of Proposed Class Action Settlement. MOTION for Attorney Fees , Reimbursement of Expenses, and Award to Lead Plaintiffs. Memorandum of Law in Support of Lead Plaintiffs' Motion for an Award of Attorneys' Fees, Reimbursement of Expenses, and Award to Lead Plaintiffs. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
December 21, 2017 Filing 60 MEMORANDUM OF LAW in Support re: #59 MOTION for Settlement Final Approval of Proposed Class Action Settlement. MOTION for Attorney Fees , Reimbursement of Expenses, and Award to Lead Plaintiffs. Memorandum of Law in Support of Lead Plaintiffs' Motion for Final Approval of Proposed Class Action Settlement. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
December 21, 2017 Filing 59 MOTION for Settlement Final Approval of Proposed Class Action Settlement., MOTION for Attorney Fees , Reimbursement of Expenses, and Award to Lead Plaintiffs. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 Text of Proposed Order and Final Judgment, #2 Text of Proposed Order Awarding Attorneys' Fees, Reimbursement of Expenses and Award to Lead Plaintiffs)(Lieberman, Jeremy)
September 1, 2017 Filing 58 MEMORANDUM OF LAW in Support re: #57 MOTION for Settlement Unopposed Motion for Entry of Order Preliminarily Approving Settlement and Establishing Notice Procedures. . Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Lieberman, Jeremy)
September 1, 2017 Filing 57 MOTION for Settlement Unopposed Motion for Entry of Order Preliminarily Approving Settlement and Establishing Notice Procedures. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
September 1, 2017 Filing 56 SETTLEMENT AGREEMENT Stipulation and Agreement of Settlement. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 Exhibit A - Proposed Preliminary Approval Order, #2 Exhibit A-1 - Notice of Pendency and Proposed Settlement of Class Action, #3 Exhibit A-2 - Proof of Claim and Release, #4 Exhibit A-3 - Summary Notice, #5 Exhibit B - Proposed Order and Final Judgment)(Lieberman, Jeremy)
August 18, 2017 Filing 55 DECLARATION of Timothy J. Perla in Support re: #39 MOTION to Dismiss Consolidated Second Amended Class Action Complaint.. Document filed by SunEdison, Inc. Securities Class Action Defendants. (Attachments: #1 Exhibit A)(Perla, Timothy)
August 18, 2017 Filing 54 REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss Consolidated Second Amended Class Action Complaint. . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Perla, Timothy)
August 4, 2017 Filing 53 REPLY MEMORANDUM OF LAW in Support re: #46 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 SunEdison, Inc. Securities Class Action Defendants. (Annand, Franklin)
August 4, 2017 Filing 52 REPLY AFFIRMATION of Jaime A. Bartlett in Support re: #41 MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint (Dkt. No. 25).. Document filed by SunEdison, Inc. Securities Class Action Defendants. (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)(Bartlett, Jaime)
August 4, 2017 Filing 51 REPLY MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933. . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Hakki, Adam)
August 4, 2017 Filing 50 REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint (Dkt. No. 25). . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Brody, Sara)
July 21, 2017 Filing 49 MEMORANDUM OF LAW in Opposition re: #39 MOTION to Dismiss Consolidated Second Amended Class Action Complaint. . Document filed by Pyramid Holdings, Inc.. (Porsch, Cassandra)
June 30, 2017 Filing 48 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated June 30, 2017 re: to report that a mediated resolution has been reached. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
June 13, 2017 Filing 47 MEMORANDUM OF LAW in Support re: #46 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). Copy of KPMG LLP's 6/9/2017 Memorandum of Law in Support of its Notice of Motion to Dismiss. Document filed by SunEdison, Inc. Securities Class Action Defendants. (Annand, Franklin)
June 13, 2017 Filing 46 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 SunEdison, Inc. Securities Class Action Defendants. Responses due by 7/14/2017(Annand, Franklin)
June 9, 2017 Filing 45 DECLARATION of Jaime A. Bartlett in Support re: #37 MOTION to Dismiss the #25 Second Amended Securities Class Action Complaint., #41 MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint (Dkt. No. 25)., #35 MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933., #39 MOTION to Dismiss Consolidated Second Amended Class Action Complaint., #43 MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by SunEdison, Inc. Securities Class Action Defendants. (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)(Bartlett, Jaime)
June 9, 2017 Filing 44 MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss Plaintiffs' Second Amended Complaint. . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Brody, Sara)
June 9, 2017 Filing 43 MOTION to Dismiss Plaintiffs' Second Amended Complaint. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
June 9, 2017 Filing 42 MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint (Dkt. No. 25). . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Brody, Sara)
June 9, 2017 Filing 41 MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint (Dkt. No. 25). Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
June 9, 2017 Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss Consolidated Second Amended Class Action Complaint. . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Perla, Timothy)
June 9, 2017 Filing 39 MOTION to Dismiss Consolidated Second Amended Class Action Complaint. Document filed by SunEdison, Inc. Securities Class Action Defendants. Responses due by 7/14/2017(Perla, Timothy)
June 9, 2017 Filing 38 MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss the #25 Second Amended Securities Class Action Complaint. . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Perla, Timothy)
June 9, 2017 Filing 37 MOTION to Dismiss the #25 Second Amended Securities Class Action Complaint. Document filed by SunEdison, Inc. Securities Class Action Defendants. Responses due by 7/14/2017(Perla, Timothy)
June 9, 2017 Filing 36 MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933. . Document filed by SunEdison, Inc. Securities Class Action Defendants. (Hakki, Adam)
June 9, 2017 Filing 35 MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Hakki, Adam)
June 9, 2017 Filing 34 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated June 9, 2017 re: motions to dismiss and requests for oral argument (filed in 1:16-md-02742-PKC, 1:16-cv-07917-PKC, 1:16-cv-07962-PKC, 1:16-cv-07967-PKC, and 1:16-cv-08039-PKC). Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
May 30, 2017 Filing 33 LETTER MOTION for Leave to File Excess Pages for the motion to dismiss briefing in the Horowitz action (1:16-cv-07917-PKC) addressed to Judge P. Kevin Castel from Sara B. Brody dated May 30, 2017. Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
April 13, 2017 Opinion or Order Filing 32 ORDER: Defendants in the following actions may file their motions to dismiss by June 9, 2017: Horowitz, et al. v. SunEdison, Inc. et al.; In re Terraform Global, Inc. Securities Litigation; Chamblee, et al. v. TerraForm Power, Inc., et al.; Church v. Chatila, et al. Plaintiffs shall respond to the motion by July 14, 2017. Any reply by defendants shall be filed by August 4, 2017. (As further set forth in this Order.) Plaintiffs in In re: SunEdison, Inc. ERISA Litigation may amend their complaint by May 19, 2017. Any pre-motion letter is due 21 days thereafter. Any response to the pre-motion letter is due 14 days after the filing of the pre-motion letter. (Amended Pleadings due by 5/19/2017., Motions due by 6/9/2017., Responses due by 7/14/2017, Replies due by 8/4/2017.) (Signed by Judge P. Kevin Castel on 4/13/2017) (cf) Modified on 4/28/2017 (cf).
April 13, 2017 Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 4/13/2017. Court set schedules. See, Order filed 4-13-17. (Court Reporter Steven Greenblum) (Nacanther, Florence)
April 11, 2017 Filing 31 STATUS REPORT. SUPPLEMENTAL STATUS REPORT Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
March 24, 2017 Filing 30 COMPLAINT against SunEdison, Inc. Securities Class Action Defendants. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
March 23, 2017 Opinion or Order Filing 29 ORDER: There will be a pretrial conference in this case on April 13, 2017 at 2:30 p.m. (Pretrial Conference set for 4/13/2017 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/22/2017) (cf)
March 22, 2017 Filing 28 MEMO ENDORSEMENT on re: (195 in 1:16-cv-07967-PKC, 143 in 1:16-md-02742-PKC) Letter, filed by Pyramid Holdings, Inc. ENDORSEMENT: Application in the last paragraph granted. File by March 24. (Signed by Judge P. Kevin Castel on 3/22/2017) (jwh)
March 22, 2017 Filing 27 MEMO ENDORSEMENT on re: (18 in 1:16-mc-02742-PKC) Letter, filed by SunEdison, Inc. Securities Class Action Plaintiffs, (146 in 1:16-md-02742-PKC) Letter, filed by Jerome Spindler, Clemens Schlettwein. ENDORSEMENT: Application in last paragraph is granted. ( Amended Pleadings due by 3/24/2017.) (Signed by Judge P. Kevin Castel on 3/22/2017) (jwh)
March 21, 2017 Filing 26 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated March 21, 2017 Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
March 21, 2017 Filing 25 SECOND AMENDED CONSOLIDATED COMPLAINT against SunEdison, Inc. Securities Class Action Defendants with JURY DEMAND.Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Graziano, Salvatore) Modified on 3/21/2017 (sjo).
March 20, 2017 Set/Reset Deadlines: Amended Pleadings due by 3/31/2017. (cla)
March 20, 2017 Opinion or Order Filing 24 ORDER granting #23 Letter Motion for Leave to File Second Amended Class Action Complaint no later than March 31, 2017. Application granted. (Signed by Judge P. Kevin Castel on 3/20/2017) (cla)
March 20, 2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Salvatore Jo Graziano to RE-FILE Document No. #22 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; YOU MUST FILE A SECOND AMENDED COMPLAINT EVENT TO MATCH YOUR DOCUMENT. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq) Modified on 3/20/2017 (laq).
March 17, 2017 Filing 23 LETTER MOTION for Leave to File Second Amended Class Action Complaint no later than March 31, 2017 addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated March 17, 2017. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
March 17, 2017 Filing 22 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - - COMPLAINT against SunEdison, Inc. Securities Class Action Defendants. (Filing Fee $ 400.00, Receipt Number 0208-13436140)Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Graziano, Salvatore) Modified on 3/20/2017 (laq).
March 17, 2017 Filing 21 STATUS REPORT. In response to the Court's December 19, 2016 Order, ECF No. 94 Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Graziano, Salvatore)
February 28, 2017 Filing 20 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 02/28/2017 Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Graziano, Salvatore)
February 20, 2017 Filing 19 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated February 20, 2017 re: In re: SunEdison, Inc. Sec. Litig., No. 16-md-02742; 16-mc-2742 Response to Defendants' February 6, 2017 Pre-Motion Letter (Dkt. 57) in Church v. Chatila, No. 16-cv-07962. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
February 20, 2017 Filing 18 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated February 20, 2017 re: In re: SunEdison, Inc. Sec. Litig., No. 1: 16-md-02742-PKC - Response to Pre-Motion Letter in Chamblee v. TerraForm Power, Inc., No. 1:16-cv-08039 (1:16-mc-2742). Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
February 20, 2017 Filing 17 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. 14) and KPMG LLP. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. Filed in Associated Cases: 1:16-MD-2742; 1:16-CV-07917. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Graziano, Salvatore)
February 10, 2017 Opinion or Order Filing 16 ORDER: In addition to filing on ECF, counsel are directed to send courtesy copies of all pre-motion letters directly to Chambers. This includes all letters of February 6, 2017, and any responses or replies. (Signed by Judge P. Kevin Castel on 2/9/2017) (cf)
February 6, 2017 Filing 15 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss (Church v. Chatila, et al, 16-cv-07962-PKC). Document filed by SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
February 6, 2017 Filing 14 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 SunEdison, Inc. Securities Class Action Defendants.(Brody, Sara)
January 17, 2017 Filing 13 AMENDED COMPLAINT against SunEdison, Inc. Securities Class Action Defendants with JURY DEMAND.Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Porsch, Cassandra)
December 21, 2016 Filing 12 NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff Juan M. Rodriguez Beltran hereby provides notice of dismissal of the above-captioned action, Beltran v. Terraform Glob., Inc., et al., No. 1:16-cv- 7967-PKC (S.D.N.Y.), without prejudice. (Signed by Judge P. Kevin Castel on 12/21/2016) (cla)
December 19, 2016 Opinion or Order Filing 11 ORDER: In light of the consolidation of certain class actions in the above-captioned case, as stated on the record at a pretrial conference held today, the Clerk is directed to administratively close the following actions: Bloom v. SunEdison, Inc., 16 Civ 7427(PKC); Bloom v. Goldman, Sachs & Co., 16 Civ. 7528(PKC); Beltran v. TerraForm Global, Inc., 16 Civ. 7967(PKC); Badri v. TerraForm Global, Inc., 16 Civ. 7996(PKC); Iron Workers Mid-South Pension Fund v. TerraForm Global, Inc., 16 Civ. 7997(PKC); Fraser v. TerraForm Global, Inc., 16 Civ. 8003(PKC); Moodie v. SunEdison, Inc., 16 Civ. 8113(PKC); and Kunz v. SunEdison, Inc., 16 Civ. 8118(PKC). (Signed by Judge P. Kevin Castel on 12/19/2016) (mro)
December 19, 2016 Opinion or Order Filing 10 ORDER: There is a limited pool of directors and officers liability insurance available to cover certain defendants in this Multi-District Litigation. The debtor has noted that the costs incurred by directors and officers in defending these actions will erode coverage limits. The parties are directed to participate in a private mediation. It is anticipated that the mediation will include non-parties such as Sun Edison's Creditors' Committee and the plaintiff in the derivative action in the Delaware Chancery Court. To preserve the available coverage, there will be a one-time, limited stay of all actions that are part of this MDL, which will expire on March 31, 2017. A status report is required by March 17, 2017, and the Court does not anticipate extending the stay absent a breakthrough development or other good cause. The limited stay does not preclude the filing of amended complaints, pre-motion letters, submissions related to the appointment of lead plaintiffs or lead counsel, or the other procedural matters raised at today's pretrial conference. Contingent on the appointment of lead counsel, Amended Consolidated Class Action Complaints in Pyramid Holdings v. TerraForm Global, Inc., et al., 16 Civ. 7981(PKC), Church. Chatila, et al., 16 Civ. 7962(PKC) and Usenko v. SunEdison, Inc., et al., 16 Civ. 7950(PKC) shall be filed no later than January 16, 2017. Submissions for the appointment of lead counsel in the ERISA class action shall be made no later than January 6, 2017. For all actions, the contemplated grounds for any proposed motion to dismiss shall be set forth in a pre-motion letter to be filed no later than February 6, 2017, with any response due February 20, 2017. Defendants' letter brief concerning the status of Oklahoma Firefighters Pension and Retirement System v. SunEdison, Inc., et al., 16 Civ. 7995(PKC), is due January 16, 2017, with plaintiff's response due February 3, 2016. The time for any party to answer or move is stayed pending further action by the Court. (Signed by Judge P. Kevin Castel on 12/19/2016) (mro)
December 19, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 12/19/2016. See Order following today's conference. (Court Reporter Martha Martin) (Nacanther, Florence)
December 14, 2016 Filing 9 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/14/2016 Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Graziano, Salvatore)
December 14, 2016 Filing 8 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated December 14, 2016 re: write to respond to the December 12, 2016 letter from SunEdison, Inc. (SunEdison) and certain of its affiliates in chapter 11 bankruptcy proceedings (collectively, the Debtors) and certain of the individual SunEdison directors and officers named as defendants in the multi-district litigation. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs.(Lieberman, Jeremy)
November 17, 2016 Filing 7 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 SunEdison, Inc. Securities Class Action Plaintiffs.(Graziano, Salvatore)
November 3, 2016 Opinion or Order Filing 6 ORDER granting #5 Motion for Don R. Lolli to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
November 3, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Don R. Lolli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12945201. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 2, 2016 Filing 5 MOTION for Don R. Lolli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12945201. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. (Attachments: #1 Exhibit Certificates, #2 Text of Proposed Order)(Lolli, Don)
November 2, 2016 Opinion or Order Filing 4 MEMO ENDORSEMENT on re: (14 in 1:16-md-02742-PKC) Letter,, filed by SunEdison, Inc. Investment Committee, Emmanuel Hernandez, Steven Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Matthew Herzberg, Jeremy Avenier, James B. Williams, Martin Truong, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: All previously scheduled deadlines in all cases are suspended pending further Order. See Order of October 26, 2016 regarding other matters. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/1/2016) (mro)
November 2, 2016 Opinion or Order Filing 3 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 Panel's 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). 1. Any judicial stay in place in any action is modified to permit the parties to comply with this and any subsequent Order of this Court. 2. All counsel are required to promptly register for and participate in this Court's CM/ECF filing system. 3. Interested parties shall show cause in writing by November 15, 2016 why any judicially imposed stay of any action should not be vacated in whole or in part. 4. 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. 5. Counsel for any plaintiff who has brought a putative class action under any provision of the federal securities laws shall meet and confer by November 17, 2016 and propose to the Court a schedule on the following: (a) any motion for designation as lead plaintiff and lead plaintiffs counsel; (b) the filing of a Consolidated Class Action Complaint ("CCAC"); and (c) the filing of any pre-motion letters by defendants addressed to the face of the CCAC and the response to any such letters by plaintiffs. Counsel shall also provide by November 17, 2016 the letter required in paragraph 9. (As further set forth in this Order.) 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) (mro)
October 26, 2016 Opinion or Order Filing 2 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) (sjo)
October 26, 2016 Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, Maryland, Missouri and New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge P. Kevin Castel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/4/2016) (sjo)
October 26, 2016 Case Designated ECF. (sjo)
October 26, 2016 Magistrate Judge Andrew J. Peck is so designated. (sjo)

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Plaintiff: SunEdison, Inc. Securities Class Action Plaintiffs
Represented By: Salvatore Jo Graziano
Represented By: Jeremy Alan Lieberman
Represented By: Cassandra Lynn Porsch
Represented By: Don R. Lolli
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Lead plaintiff: Pyramid Holdings, Inc.
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Defendant: SunEdison, Inc. Securities Class Action Defendants
Represented By: Franklin Darley Annand
Represented By: Adam Selim Hakki
Represented By: Sara B. Brody
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