Milliken v. American Realty Capital Hospitality Advisors, LLC et al
| Tom Milliken |
| American Realty Capital Hospitality Advisors, LLC, American Realty Capital Hospitality Properties, LLC, American Realty Capital Hospitality Grace Portfolio, LLC, AR Capital, LLC, AR Global Investments, LLC, Nicholas A. Schorsch, William M. Kahane, Peter M. Budko, Edward M. Weil, Brian S. Block, Jonathan P. Mehlman, Edward T. Hoganson, Stanley R. Perla, Abby M. Wenzel and Robert H. Burns |
| 1:2018cv01757 |
| February 26, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Valerie E. Caproni |
| Stockholders Suits |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
165
MEMO ENDORSEMENT terminating 158 Motion for Bond. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate the open motion at Dkt. 158. (Signed by Judge Valerie E. Caproni on 9/11/2020) (nb)
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Filing
152
FINAL ORDER AND JUDGMENT: Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: This Final Order and Judgment incorporates by reference the definitions in the Stipulation, and all capitalized terms contained herein shall have the same meanin gs as set forth in the Stipulation unless otherwise defined herein. This Court has jurisdiction over the subject matter of the Derivative Action, and all matters relating to the Settlement of the Derivative Action, as well as personal jurisdiction ov er all Parties. The Court finds that the notice of the Settlement given to current HIT stockholders, in the form of (i) the Company's filing of a Form 8-K with the Securities and Exchange Commission ("SEC") disclosing the proposed Sett lement and including the Notice of Settlement of Stockholder Derivative Litigation ("Notice") as an exhibit, (ii) the Company's posting of the Notice on the Investor Relations portion of the Company's website, and (iii) the Compan y's publication of the Summary Notice via the Business Wire, was the best notice practicable under the circumstances and fully satisfied the requirements of Federal Rule of Civil Procedure 23.1 and the requirements of due process. The Court find s that the Stipulation and Settlement are fair, reasonable, and adequate as to each of the Parties, and hereby finally approves the Stipulation and Settlement in all respects, and orders the Parties to perform the terms of the Settlement set forth in the Stipulation to the extent the Parties have not already done so. The Court approves an award in the amount of $2,250,000 ("Court-Approved Fee Award") consisting of: (i) attorneys' fees to compensate Plaintiff's Counsel fo r their services in connection with achieving the Settlement described in this Stipulation, which the SLC and Company acknowledged conferred a substantial benefit on the Company;(ii)a case contribution award in the amount of $2,500 to Plaintiff for Plaintiff's efforts incurred in bringing the Derivative Action; and (iii) reimbursement of reasonable litigation expenses incurred by Plaintiff's Counsel in this action. The Court-Approved Fee Award shall be paid to Plaintiff's Cou nsel in accordance with the Stipulation andPlaintiff's Counsel shall pay $2,500 from such amount to the Plaintiff. This Final Order and Judgment is a final, appealable judgment and should be entered forthwith by the Clerk in accordance with Rule 58 of the Federal Rules of Civil Procedure. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/19/2020) (ama)
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Filing
147
ORDER: WHEREAS a settlement hearing is scheduled for June 9, 2020, at 10:30 a.m.; IT IS HEREBY ORDERED the parties and any objectors must appear for the proceeding by calling (888) 363-4749 // Access code: 3121171# // Security code: 1757#. IT IS FURT HER ORDERED that not later than 11:00 a.m. on June 8, 2020, the parties and any objectors must notify the Courteither by letter on ECF or by email to CaproniNYSDchambers@nysd.uscourts.gov-which persons plan to speak on the teleconference. Finall y, all of those accessing the conference are reminded that recording or rebroadcasting of the proceeding is prohibited by law. And as set forth herein. SO ORDERED., ( Telephone Conference set for 6/9/2020 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/04/2020) (ama)
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Filing
136
ORDER denying 133 Motion to Intervene; denying 133 MOTION to Vacate this Courts preliminary approval of the proposed settlement. Because the Court concurs with Movant that "Dr. Wollman's position in this case as an intervenor does not differ materially from his position in this case as an objector," Mem. of Law (Dkt. 134) at 6, the Court will construe this motion as an objection to the preliminarily approved settlement. The parties should proceed with the briefing schedule set forth in this Court's Order dated February 5, 2020 (Dkt. 128). SO ORDERED.. (Signed by Judge Valerie E. Caproni on 3/31/2020) (jca)
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Filing
124
MEMO ENDORSEMENT on MOTION to Dismiss Partial. denying without prejudice as withdrawn 120 Motion to Dismiss Partial. ENDORSEMENT: Application GRANTED. The motion to dismiss (Dkt. 120) is DENIED without prejudice as withdrawn. The deadlines set in this Court's December 26, 2019, Order (Dkt. 122) are VACATED. The motion for preliminary approval of settlement is due no later than January 31, 2020. The Clerk of Court is respectfully directed to close the open motion on Dkt. 120. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/02/2020) (ama)
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Filing
111
ORDER: IT IS HEREBY ORDERED that the stay on this case is lifted. IT IS FURTHER ORDERED that no later than December 20, 2019, either: (i) the parties and the Special Litigation Committee must file a joint stipulation proposing a schedule for filing a Second Amended Complaint, moving against or answering the Second Amended Complaint, and discovery, or (ii) the Special Litigation Committee must make a motion proposing next steps in this case based on the contents of its report. Defendants time to move against or answer the Amended Complaint is stayed until further order from this Court. Discovery is also stayed until further order from this Court. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/15/2019) (ama)
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Filing
69
MEMORANDUM OPINION AND ORDER re: 45 MOTION to Stay . filed by Hospitality Investors Trust, Inc.. For all the foregoing reasons, HIT's motion to stay (Dkt. 45) is GRANTED. This case is STAYED pending the SLC's investiga tion. The SLC must continue to submit monthly updates on the status of its investigation, pursuant to the instructions in the order at Dkt. 43. Plaintiff may move to lift the stay if he can show that the SLC's investigation is not proceeding with reasonable expeditiousness, but Plaintiff may not file any such motion earlier than December 3, 2018. The Clerk of Court is respectfully directed to close the open motion at Dkt. 45. Motions due by 12/3/2018. Case Stayed. (Signed by Judge Valerie E. Caproni on 8/7/2018) (kgo) Modified on 8/7/2018 (kgo).
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