In re AMTRUST FINANCIAL SERVICES, INC. SECURITIES LITIGATION
| Sharon Albano |
| AmTrust Financial Services, Inc., Barry D. Zyskind, George Karfunkel, Donald T. DeCarlo, Susan C. Fisch, Ronald E. Pipoly, Jr., Abraham Gulkowitz and Jay J. Miller |
| Boilermaker Blacksmith National Pension Trust |
| 1:2017cv03154 |
| April 28, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis A Kaplan |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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Filing 17
ORDER granting (158) Motion to Withdraw as Attorney. Attorney Caitlin Joan Halligan terminated in case 1:17-cv-01545-LAK (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) Filed In Associated Cases: 1:17-cv-01545-LAK, 1:17-cv-02001-LAK, 1:17-cv-03154-LAK (Kaplan, Lewis)
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Filing 16
ORDER denying (122) Motion in case 1:17-cv-01545-LAK. The Court therefore finds that the discovery requested is unnecessary to prevent any undue prejudice to the plaintiffs and there are no exceptional circumstances present that would warrant lifting the stay. The motion is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/11/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-cv-01545-LAK, 1:17-cv-02001-LAK, 1:17-cv-03154-LAK (anc) Modified on 10/12/2018 (anc).
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| Filing 15 REPLY MEMORANDUM OF LAW in Support re: (98 in 1:17-cv-01545-LAK) MOTION to Dismiss The Consolidated Amended Complaint. . Document filed by BDO USA, LLP. Filed In Associated Cases: 1:17-cv-01545-LAK, 1:17-cv-02001-LAK, 1:17-cv-03154-LAK(Hoeffner, Timothy) |
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Filing 14
ORDER granting #13 Motion for Lasrence A. Wojik to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| Filing 13 MOTION for Lawrence A. Wojcik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14138324. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BDO USA, LLP. (Attachments: #1 Affidavit of Lawrence A. Wojcik, #2 Certificate of Good Standing - Illinois, #3 Text of Proposed Order)Filed In Associated Cases: 1:17-cv-01545-LAK, 1:17-cv-02001-LAK, 1:17-cv-03154-LAK(Wojcik, Lawrence) |
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Filing 12
STIPULATION AND SCHEDULING ORDER FOR RESPONSE TO THE AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by the undersigned parties, subject to approval of the Court, that: Defendants shall each answer, move to dismiss or otherwise respond to the Amended Complaint by October 17, 2017; If one or more Defendants move to dismiss, Lead Plaintiff shall file its opposition within 45 days after Defendants file their motion(s) to dismiss; Defendants shall file their reply or replies within 30 days after Lead Plaintiff filed its opposition; and This stipulation and agreement is without prejudice to further extensions. The Clerk shall terminate DI 93. PURSUANT TO STIPULATION, IT IS SO ORDERED. (Motions due by 10/17/2017.) (Signed by Judge Lewis A. Kaplan on 9/13/2017) Filed In Associated Cases: 1:17-cv-01545-LAK, 1:17-cv-02001-LAK, 1:17-cv-03154-LAK(anc)
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| Filing 11 NOTICE OF APPEARANCE by Timothy E. Hoeffner on behalf of BDO USA, LLP. Filed In Associated Cases: 1:17-cv-01545-LAK, 1:17-cv-02001-LAK, 1:17-cv-03154-LAK(Hoeffner, Timothy) |
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Filing 10
STIPULATION AND SCHEDULING ORDER FOR FILING OF AMENDED COMPLAINT AND RESPONSE THERETO: IT IS HEREBY STIPULATED AND AGREED by the undersigned parties, subject to approval of the Court, that; 1. Lead Plaintiff shall file a consolidated amended complaint within 60 days after the June 19 Order (i.e., by August 18, 2017); 2. Defendants shall answer, move to dismiss or otherwise respond to the consolidated amended complaint within 42 days after Lead Plaintiff files the consolidated amended complaint; 3. If Defendants move to dismiss, Lead Plaintiff shall file its opposition within 42 days after Defendants file their motion to dismiss; 4. Defendants shall file their reply within 21 days after Lead Plaintiff files its opposition. ( Amended Pleadings due by 8/18/2017.) (Signed by Judge Lewis A. Kaplan on 6/27/2017(as per Chambers)) Filed In Associated Cases: 1:17-cv-01545-LAK, 1:17-cv-02001-LAK, 1:17-cv-03154-LAK, as per Chambers. (mro) Modified on 6/30/2017 (mro).
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Filing 9
ORDER WITH RESPECT TO LEAD PLAINTIFF AND LEAD COUNSEL MOTIONS granting (20) Motion to Appoint Counsel; granting (23) Motion to Consolidate Cases; denying (23) Motion to Appoint; denying (23) Motion to Approve; denying (26) Motion to Appoint; denying (10) Motion to Appoint Counsel; denying (10) Motion to Appoint; granting (13) Motion to Consolidate Cases; denying (13) Motion to Appoint; denying (13) Motion to Appoint Counsel; granting (16) Motion to Consolidate Cases; denying (16) Motion to Appoint; denying (16) Motion to Appoint Counsel; granting (20) Motion to Consolidate Cases; granting (20) Motion to Appoint in cas 1:17-cv-01545-LAK; granting (15) Motion to Consolidate Cases; denying (15) Motion to Appoint; denying (15) Motion to Appoint Counsel in case1:17-cv-02001-LAK; granting (4) Motion to Consolidate Cases; denying (4) Motion to Appoint; denying (4) Motion to Appoint Counsel in case 1:17-cv-03154-LAK. These are purported class actions seeking damages against Amtrust Financial Services, Inc. ("Amtrust") and related defendants. The matter is before the Court on competing motions for the appointment of a lead plaintiff or plaintiffs, approval of that plaintiffs or plaintiffs' choice of counsel, and consolidation of the actions. 1. The motion of New England Carpenters Guaranteed Annuity and Pension Funds ("New England Carpenters Funds") [DI 20] is granted in all respects. As the other movants all seek consolidation, their motions [DI 10, 16, 23 and 26] are granted to the extent they seek consolidation but denied in all other respects. The Court makes the following comments with respect to positions taken by various of the litigants; as set forth herein. 2. No. 17-1545 shall serve as the master docket for the consolidated cases. 3. The caption for the consolidated cases shall be; as set forth herein. Following the phrase "This document applies to:" shall appear "All Cases" where the paper in question is applicable to all of the consolidated cases or, where it applies to less than all, the docket number or numbers of the specific cases to which it applies. Counsel shall "spread" docket entries on CM/ECF as contemplated by this paragraph. (Signed by Judge Lewis A. Kaplan on 6/19/2017) Filed In Associated Cases: 1:17-cv-01545-LAK, 1:17-cv-02001-LAK, 1:17-cv-03154-LAK (mro)
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| CONSOLIDATED MEMBER CASE: Create association to 1:17-cv-01545-LAK. (mro) |
| Magistrate Judge Ronald L. Ellis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (jc) |
| CASE ACCEPTED AS RELATED. Create association to 1:17-cv-01545-LAK. Notice of Assignment to follow. (jc) |
| Filing 8 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION to Consolidate Cases 17-1545, 17-2001, 17-3154 . MOTION to Appoint Boilermaker-Blacksmith National Pension Trust to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Boilermaker Blacksmith National Pension Trust. (Toll, Steven) |
| Filing 7 RESPONSE in Support of Motion re: #4 MOTION to Consolidate Cases 17-1545, 17-2001, 17-3154 . MOTION to Appoint Boilermaker-Blacksmith National Pension Trust to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Boilermaker Blacksmith National Pension Trust. (Toll, Steven) |
| Filing 6 DECLARATION of Christopher Lometti in Support re: #4 MOTION to Consolidate Cases 17-1545, 17-2001, 17-3154 . MOTION to Appoint Boilermaker-Blacksmith National Pension Trust to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Boilermaker Blacksmith National Pension Trust. (Attachments: #1 Exhibit Notice, #2 Exhibit Certification, #3 Exhibit Loss Chart, #4 Cohen Milstein Firm Resume)(Toll, Steven) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Consolidate Cases 17-1545, 17-2001, 17-3154 . MOTION to Appoint Boilermaker-Blacksmith National Pension Trust to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Boilermaker Blacksmith National Pension Trust. (Toll, Steven) |
| Filing 4 MOTION to Consolidate Cases 17-1545, 17-2001, 17-3154 ., MOTION to Appoint Boilermaker-Blacksmith National Pension Trust to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Boilermaker Blacksmith National Pension Trust. (Attachments: #1 Text of Proposed Order)(Toll, Steven) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) |
| Case Designated ECF. (pc) |
| CASE REFERRED TO Judge Lewis A. Kaplan as possibly related to 17cv1545. (pc) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:17-cv-01545. Document filed by Sharon Albano.(McKenna, Thomas) |
| Filing 2 CIVIL COVER SHEET filed. (McKenna, Thomas) |
| Filing 1 COMPLAINT against AmTrust Financial Services, Inc., Donald T. DeCarlo, Susan C. Fisch, Abraham Gulkowitz, George Karfunkel, Jay J. Miller, Ronald E. Pipoly, Jr., Barry D. Zyskind. (Filing Fee $ 400.00, Receipt Number 0208-13601704)Document filed by Sharon Albano.(McKenna, Thomas) |
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