City of Dearborn Heights Act 345 Police & Fire Retirement System v. Chicago Bridge & Iron Company N.V. et al
Plaintiff: City of Dearborn Heights Act 345 Police & Fire Retirement System
Defendant: Chicago Bridge & Iron Company N.V., Philip K. Asherman, Ronald A. Ballschmiede and Westley S. Stockton
Case Number: 1:2017cv01580
Filed: March 2, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Lorna G. Schofield
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 15 U.S.C. ยง 78
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
March 17, 2022 Opinion or Order Filing 425 ORDER: It is hereby ORDERED that by March 21, 2022, Plaintiffs shall supplement their motion for preliminary approval by filing a document or spreadsheet including the information outlined in Section III. C. 5 of the Courts Individual Rules. It is further ORDERED that by March 21, 2022, Plaintiffs shall email a copy of the confidential agreement that allows Defendants to terminate the settlement under certain circumstances to Schofield_NYSDChambers@nysd.uscourts.gov. (Signed by Judge Lorna G. Schofield on 3/16/2022) (jca)
January 7, 2022 Opinion or Order Filing 420 ORDER denying without prejudice 313 Motion in Limine; denying without prejudice 316 Motion in Limine; denying without prejudice 320 Motion in Limine; denying without prejudice 323 Motion in Limine; denying without prejudice 326 Motion in Limine; denying without prejudice 330 Motion in Limine; denying without prejudice 333 Motion in Limine; denying without prejudice 334 Motion in Limine; denying without prejudice 337 Motion in Limine; denying without prejudice 340 M otion in Limine; denying without prejudice 342 Motion in Limine; denying without prejudice 344 Motion in Limine; denying without prejudice 346 Motion in Limine; denying without prejudice 348 Motion in Limine; denying without prejudice [35 1] Motion in Limine; denying without prejudice 353 Motion in Limine; denying without prejudice 355 Motion in Limine; denying without prejudice 357 Motion in Limine; denying without prejudice 359 Motion in Limine; denying without prejudic e 361 Motion in Limine; denying without prejudice 363 Motion in Limine; denying without prejudice 365 Motion in Limine; denying without prejudice 367 Motion in Limine; denying without prejudice 370 Motion in Limine; denying without pre judice 374 Motion in Limine. It is hereby ORDERED that the jury trial scheduled for February 7, 2022, is cancelled. It is further ORDERED that the motions in limine are denied without prejudice. It is further ORDERED that, by February 4, 2022, th e parties shall file a motion for approval of the settlement. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 313, 316, 320, 323, 326, 330, 333, 334, 337, 340, 342, 344, 346, 348, 351, 353, 355, 357, 359, 361, 363, 365, 367, 370 and 374.. (Signed by Judge Lorna G. Schofield on 1/7/2022) (kv)
December 29, 2021 Opinion or Order Filing 416 ORDER denying 385 Letter Motion to Seal. Plaintiffs' motion to seal at Docket No. 385 is DENIED. By January 5, 2022, Plaintiffs shall file full, unredacted copies of the documents previously filed under seal. The Clerk of Court is respectfully directed to close the motion at Docket No. 385. (Signed by Judge Lorna G. Schofield on 12/29/2021) (va)
December 21, 2021 Opinion or Order Filing 413 ORDER denying 369 Letter Motion to Seal. Defendants' motion to seal at Docket No. 369 is DENIED. By December 28, 2021, Defendants shall file full, unredacted copies of the documents previously filed under seal. The Clerk of Court is respectfully directed to close the motion at Docket No. 369.. (Signed by Judge Lorna G. Schofield on 12/21/2021) (kv)
December 14, 2021 Opinion or Order Filing 377 ORDER with respect to 369 Letter Motion to Seal. By December 21, 2021, Plaintiffs shall file a response to this letter, identifying any excerpts of deposition testimony that require confidential treatment. (Signed by Judge Lorna G. Schofield on 12/14/2021) (ate)
September 22, 2021 Opinion or Order Filing 307 ORDER: It is hereby ORDERED that this case will be placed on the Court's trial-ready calendar for a trial to begin on February 7, 2022, or the Court's first available date thereafter. It is further ORDERED that the parties shall be ready to proceed on 24 hours' notice on or after February 7, 2022. It is further ORDERED that in accordance with and as further provided in Individual Rule IV.B: (1) Any motions in limine shall be filed by December 13, 2021. Responses to the motion s shall be filed by December 20, 2021. The final pretrial order shall be filed by January 17, 2022. (As further set forth in this Order.) ( Motions due by 12/13/2021., Pretrial Order due by 1/17/2022., Responses due by 12/20/2021, Ready for Trial by 2/7/2022.) (Signed by Judge Lorna G. Schofield on 9/22/2021) (cf)
August 23, 2021 Opinion or Order Filing 306 OPINION AND ORDER re: 292 LETTER MOTION for Oral Argument addressed to Judge Lorna G. Schofield from Amy Pharr Hefley dated October 20, 2020. filed by Westley S. Stockton, Chicago Bridge & Iron Company N.V., Philip K. Asherman, Ron ald A. Ballschmiede, 252 MOTION for Summary Judgment on all of Plaintiffs Claims. filed by Westley S. Stockton, Chicago Bridge & Iron Company N.V., Philip K. Asherman, Ronald A. Ballschmiede. For the reasons stated above, Defendants&# 039; motion for summary judgment is granted as to the Safety Statement. Defendants' motion is denied for the remaining Challenged Statements. Defendants' motion for oral argument is denied as moot. The Clerk of Court is respectfully directed to close the docket entries at Numbers 252 and 292. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/23/2021) (cf)
February 25, 2021 Opinion or Order Filing 302 ORDER: It is hereby ORDERED that by March 10, 2021, Defendants shall file amended answers raising the defenses identified in their September 24, 2021, letter (Dkt. No. 260). The Clerk of Court is respectfully directed to close the motion at Docket No. 260. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/25/2021) (cf)
October 23, 2020 Opinion or Order Filing 298 ORDER denying as moot 295 Letter Motion to Seal; denying 296 Letter Motion for Leave to File Excess Pages; denying 297 Letter Motion for Leave to File Excess Pages: The application is DENIED as Plaintiffs' proposed additional materials a re unnecessary to consideration of Defendants' submissions and adjudication of the motions. Plaintiffs' motion to seal is DENIED as moot. The Clerk of Court is respectfully directed to close the docket entries at Nos. 295, 296 and 297. (Signed by Judge Lorna G. Schofield on 10/23/2020) (jwh)
October 16, 2020 Opinion or Order Filing 289 ORDER granting 273 Motion for Extension of Time; granting 278 Motion. It is hereby ORDERED that the Cohen Plaintiffs' and Direct Action Plaintiffs' motions to opt out of the class after the opt-out deadline are GRANTED. The Clerk of Court is respectfully directed to close the docket entries at numbers 273 and 278. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/15/2020) (cf)
October 14, 2020 Opinion or Order Filing 283 ORDER granting (263) Letter Motion to Seal in case 1:17-cv-01580-LGS. ORDERED that Plaintiffs shall file Exhibits J, L, M and O to their opposition to Defendants' motion for summary judgment in redacted form and under seal, redacting the telepho ne numbers identified by Defendants. Only the parties identified in the Appendix to Docket No. 263 shall have access to Exhibits J, L, M and O. It is further ORDERED that Plaintiffs' remaining exhibits, opposition to Defendants' motion for summary judgment and Rule 56.1 counter-statement shall not be filed under seal. The Clerk of Court is respectfully directed to close the docket entry at number 263. (Signed by Judge Lorna G. Schofield on 10/14/2020) Filed In Associated Cases: 1:17-cv-01580-LGS, 1:17-cv-02414-LGS (ama)
October 9, 2020 Opinion or Order Filing 270 ORDER: It is hereby ORDERED that by October 13, 2020, Defendants shall file a letter not to exceed three pages explaining why Plaintiffs' motion for summary judgment and supporting papers should be filed under seal. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/9/2020) (cf)
July 21, 2020 Opinion or Order Filing 250 SPECIAL MASTER ORDER # 8: The parties do not dispute that the Cohen case is clearly related to the instant case as demonstrated in an earlier joint status report to the Court in this case and defendants' reliance of producing a large number of documents from the Cohen case in early document production in this case. Thus the relevance of the requested documents is presumed. If necessary, plaintiffs could serve a third-party subpoena which would undoubtedly be granted. Because the docu ments are relevant, and there is no burden or prejudice to defendants in requiring their production, it is unnecessary to proceed by subpoena when defendants are a party to both cases and are in possession of the requested documents. The documents must be produced to plaintiffs forthwith at plaintiffs' expense. (As further set forth in this Order.) (Signed by Judge Shira A. Scheindlin on 7/15/2020) (cf)
July 15, 2020 Opinion or Order Filing 248 ORDER: It is hereby ORDERED that Defendants shall file any motion for summary judgment, not to exceed twenty-five (25) pages, by September 4, 2020. Plaintiffs shall file their opposition, not to exceed twenty-five (25) pages, by October 6, 2020. D efendants shall file their reply, not to exceed ten (10) pages, by October 20, 2020. (As further set forth in this Order.) ( Motions due by 9/4/2020., Responses due by 10/6/2020, Replies due by 10/20/2020.) (Signed by Judge Lorna G. Schofield on 7/15/2020) (cf)
May 4, 2020 Opinion or Order Filing 245 ORDER: WHEREAS, on March 26, 2020, the Court issued an order scheduling a pre-motion conference for May 7, 2020, at 11:00 a.m. (Dkt. No. 238). It is hereby ORDERED that the parties shall appear by telephone, by calling (888) 363-4749 and using access code 558-3333, at the appointed day and time. ( Telephone Conference set for 5/7/2020 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/4/2020) (cf)
April 20, 2020 Opinion or Order Filing 240 ORDER: It is hereby ORDERED that the parties' proposed form and manner of notice is APPROVED and Epiq Class Action and Claims Solutions, Inc. is appointed notice administrator. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/20/2020) (cf)
March 23, 2020 Opinion or Order Filing 237 OPINION AND ORDER for 179 Motion to Certify Class filed by Iron Workers Local 580 - Joint Funds, ALSAR Ltd. Partnership, Ironworkers Locals 40, 361 & 417 - Union Security Funds. For the foregoing reasons, the Report is adopted except to t he extent any of its reasoning is inconsistent with what is stated above, and Plaintiffs motion is GRANTED. It is hereby ordered that: (1) Plaintiffs ALSAR and Ironworkers are appointed as Class Representatives to sue on behalf of a class of all th ose who purchased or otherwise acquired the common stock of Chicago Bridge & Iron Company N.V. on the NYSE during a Class Period from October 30, 2013, through and including June 23, 2015, excluding Defendants, officers, and directors of CBI, memb ers of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which Defendants have or had a controlling interest. (2) Kahn Swick & Foti is appointed as Class Counsel; (3) The parties shall confer and prepare a mutually agreeable form and manner of notice, to be filed on ECF for the Courts review by April 13, 2020. See Fed. R. Civ. P. 23(c)(2)(B). To the extent that the parties cannot agree on the form and manner of notice, the parties shall include a brief statement of their disagreement in the filing. The Clerk of Court is respectfully directed to close the motion at Docket No. 179. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/23/2020) (cf)
December 16, 2019 Opinion or Order Filing 229 SPECIAL MASTER ORDER #7: On balance, defendants have met their burden. This is a very complex cases with millions of dollars at stake and many difficult issues on which expert testimony will be helpful. Given the amount of resources already expended during the discovery phase, an additional deposition or two is not a great burden or expense when taken in context. For these reasons, I conclude that a second deposition of the expert following each report should be permitted. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/9/2019) (rro)
May 24, 2018 Opinion or Order Filing 108 OPINION AND ORDER re: 91 MOTION to Dismiss . filed by Westley S. Stockton, Chicago Bridge & Iron Company N.V., Philip K. Asherman, Ronald A. Ballschmiede, 97 AMENDED MOTION to Dismiss the Consolidated Amended Complaint. f iled by Westley S. Stockton, Chicago Bridge & Iron Company N.V., Philip K. Asherman, Ronald A. Ballschmiede. Defendants move to dismiss the Consolidated Amended Complaint (the "Complaint") pursuant to Federal Rule of Civil Procedure 12( b)(6). (As further set forth in this Order.) For the foregoing reasons, Defendants' motion to dismiss is DENIED. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 91 and 97. (Signed by Judge Lorna G. Schofield on 5/24/2018) (cf)
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Plaintiff: City of Dearborn Heights Act 345 Police & Fire Retirement System
Represented By: Samuel Howard Rudman
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Defendant: Chicago Bridge & Iron Company N.V.
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Defendant: Philip K. Asherman
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Defendant: Ronald A. Ballschmiede
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Defendant: Westley S. Stockton
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