Kacouris v. Facebook, Inc. et al
| James Kacouris |
| David M. Wehner, Facebook, Inc., Mark E. Zuckerberg and Sheryl K. Sandberg |
| Amalgamated Bank, as Trustee for the LV LargeCap 1000 Growth Index Fund, LongView Quantitative LargeCap Fund, and LongView Quant LargeCap Equity VEBA Fund and Public Employees Retirement System of Mississippi |
| 1:2018cv06765 |
| July 27, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J Sullivan |
| Securities/Commodities |
| 15 U.S.C. § 78 j(b)ss Stockholder Suit |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2018. A more recent docket listing may be available from PACER.
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| Received e-mail from the United States District Court - Northern District of California acknowledging receipt of transferred case. Assigned Case Number: 4:18-cv-05678, filed on 09/19/2018. (sjo) |
| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/29/18 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...(McGuirk, Kelly) |
| Filing 19 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/29/2018 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Rebecca Forman, (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 10/1/2018. Redacted Transcript Deadline set for 10/11/2018. Release of Transcript Restriction set for 12/10/2018.(McGuirk, Kelly) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of California (ne) |
Filing 18
STIPULATION AND ORDER VACATING LEAD PLAINTIFF DEADLINE, ORDERING ISSUANCE OF CORRECTED NOTICE, AND TRANSFERRING CASES: NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, subject to the Court's approval, as follows: 17. The September 25, 2018 lead plaintiff deadline noticed by counsel in the consolidated Kacouris action is vacated and any motions seeking appointment as lead plaintiff in a securities class action against Facebook filed in response to that notice or any similar notices will be deemed untimely; 18. Lead Plaintiff shall issue a notice substantially similar to the notice attached as Exhibit A hereto stating that the September 25. 2018 deadline is vacated, that the deadline to serve as lead plaintiff in the Facebook Securities Litigation expired on May 21, 2018, and that any motions to serve as lead plaintiff in the consolidated Kacouris action or any pending or subsequently filed securities class action that is related to the claims in the Facebook Securities Litigation are untimely and will not be considered; 19. Kacouris and Helms are transferred to the Northern District of California pursuant to 28 U.S.C. 1404(a) as the actions could have been brought in that District and transfer will promote the goals of convenience and efficiency and further the interests of justice; and 20. Promptly following transfer, Lead Plaintiff shall file an administrative motion to relate Kacouris and Helms to the Facebook Securities Litigation, and the Parties agree that they will facilitate and not oppose consolidation of Kacouris and Helms with the Facebook Securities Litigation. Pursuant to stipulation and for good cause shown, IT IS SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/7/2018) (ne) Transmission to Office of the Clerk of Court for processing.
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| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Amalgamated Bank, as Trustee for the LV LargeCap 1000 Growth Index Fund, LongView Quantitative LargeCap Fund, and LongView Quant LargeCap Equity VEBA Fund, Public Employees Retirement System of Mississippi. (Attachments: #1 Exhibit A - Corrected Notice) (Silk, Gerald) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #16 Proposed Order, was reviewed and approved as to form. (dt) |
| Filing 16 PROPOSED ORDER. Document filed by Amalgamated Bank, as Trustee for the LV LargeCap 1000 Growth Index Fund, LongView Quantitative LargeCap Fund, and LongView Quant LargeCap Equity VEBA Fund, Public Employees Retirement System of Mississippi. Related Document Number: [ECF No. 14]. (Silk, Gerald) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 15 DECLARATION of Gerald H. Silk in Support re: #14 LETTER MOTION to Stay addressed to Judge Richard J. Sullivan from Gerald H. Silk and David Rosenfeld dated August 31, 2018.. Document filed by Amalgamated Bank, as Trustee for the LV LargeCap 1000 Growth Index Fund, LongView Quantitative LargeCap Fund, and LongView Quant LargeCap Equity VEBA Fund, Public Employees Retirement System of Mississippi. (Attachments: #1 Exhibit A - FB Q2 2018 Earnings Transcript, #2 Exhibit B - CNBC Headline, #3 Exhibit C - Independent UK Article, #4 Exhibit D - Bloomberg Article, #5 Exhibit E - Reuters Article, #6 Exhibit F - Proactive Investors Transcript, #7 Exhibit G - Pre-Motion Conference Transcript, #8 Exhibit H - Pomerantz PSLRA Notices, #9 Exhibit I - Pierce Bainbridge PSLRA Notice, #10 Exhibit J - Additional PSLRA Notices, #11 Exhibit K - Signet Letter, #12 Exhibit L - Signet Docket, #13 Exhibit M - Corrective Notice)(Silk, Gerald) |
| Filing 14 LETTER MOTION to Stay addressed to Judge Richard J. Sullivan from Gerald H. Silk and David Rosenfeld dated August 31, 2018. Document filed by Amalgamated Bank, as Trustee for the LV LargeCap 1000 Growth Index Fund, LongView Quantitative LargeCap Fund, and LongView Quant LargeCap Equity VEBA Fund, Public Employees Retirement System of Mississippi.(Silk, Gerald) |
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Filing 13
ORDER, IT IS HEREBY ORDERED that the above-captioned cases are consolidated under James Kacouris v. Facebook, Inc. et al., 18-cv-6765 (RJS). The Clerk of Court is respectfully directed to consolidate the two actions, to add Sheryl K. Sandberg as a listed Defendant in the consolidated action, and to close Ferm Helms v. Facebook, Inc. et al., 18-cv-6774 (RJS). SO ORDERED. (Sheryl K. Sandberg added.) (Signed by Judge Richard J. Sullivan on 8/30/18) Filed In Associated Cases: 1:18-cv-06765-RJS, 1:18-cv-06774-RJS(yv)
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Filing 12
ORDER: For the reasons set forth on the record at the conference held in this case on August 29, 2018, IT IS HEREBY ORDERED that the motion to intervene made by the Public Employees Retirement System of Mississippi and Amalgamated Bank ("Intervenors") is GRANTED on consent for the limited purpose of Intervenors' motion to stay the time for interested parties to move for appointment as lead plaintiff pursuant to 15 U.S.C. 78u-4(a)(3)(A)(i)(II). IT IS FURTHER ORDERED that Intervenors shall submit their letter brief, which shall not exceed five single-spaced pages, no later than August 31, 2018. IT IS FURTHER ORDERED that any party wishing to respond shall do so, in a letter brief not to exceed five single-spaced pages, no later than September 7, 2018, and that Intervenors shall submit their letter reply, which shall not exceed three single-spaced pages, no later than September 10, 2018. IT IS FURTHER ORDERED that Defendants shall submit their motion to transfer this case to the Northern District of California, which shall not exceed twenty-five double-spaced pages, no later than September 18, 2018. IT IS FURTHER ORDERED that Plaintiffs shall file their response to the motion, which shall not exceed twenty-five double-spaced pages, no later than September 28, 2018, and that Defendants shall file their reply, which shall not exceed ten double-spaced pages, no later than October 5, 2018. IT IS FURTHER ORDERED that Defendants shall not be deemed to have waived any arguments related to the substance of the forthcoming consolidated amended complaint in In re Facebook, inc. Securities litigation, No. 5:18-cv-1725-EJD (N.D. Cal.) if they do not include those arguments in their opening brief; Defendants may include any such arguments in their reply brief. SO ORDERED. (Motions due by 9/18/2018, Responses due by 9/28/2018, Replies due by 10/5/2018.) (Signed by Judge Richard J. Sullivan on 8/29/2018) (ne)
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| Minute Entry for proceedings held before Judge Richard J. Sullivan: Pre-Motion Conference held on 8/29/2018. Joseph A. Hood, II and Jeremy A. Lieberman present for Plaintiff James Kacouris. Claiborne R. Hane and Maxim Price present for Plaintiff Fern Helms. Orin Snyder and Elizabeth Charette present for Defendants. Gerald H. Silk, Michael Blatchley, and David A. Rosenfeld present for Intervenors. Court reporter present. The Court heard argument regarding the parties' contemplated motions. The Court set deadlines for the parties' submissions as memorialized in a separately-docketed order. (Brody, Peter) |
| Filing 11 NOTICE OF APPEARANCE by David Avi Rosenfeld on behalf of Amalgamated Bank, as Trustee for the LV LargeCap 1000 Growth Index Fund, LongView Quantitative LargeCap Fund, and LongView Quant LargeCap Equity VEBA Fund. (Rosenfeld, David) |
| Filing 10 LETTER addressed to Judge Richard J. Sullivan from Orin Snyder dated August 17, 2018 re: LETTER MOTION for Conference addressed to Judge Richard J. Sullivan from Gerald H. Silk and Dennis J. Herman dated August 9, 2018. Document filed by Facebook, Inc..(Snyder, Orin) |
| Filing 9 LETTER RESPONSE to Motion addressed to Judge Richard J. Sullivan from Jeremy A. Lieberman dated August 14, 2018 re: #6 LETTER MOTION for Conference addressed to Judge Richard J. Sullivan from Gerald H. Silk and Dennis J. Herman dated August 9, 2018. . Document filed by James Kacouris. (Lieberman, Jeremy) |
| Filing 8 CERTIFICATE OF SERVICE. Document filed by Amalgamated Bank, as Trustee for the LV LargeCap 1000 Growth Index Fund, LongView Quantitative LargeCap Fund, and LongView Quant LargeCap Equity VEBA Fund, Public Employees Retirement System of Mississippi. (Silk, Gerald) |
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Filing 7
ORDER granting #6 Letter Motion for Conference. IT IS HEREBY ORDERED that, pursuant to the Court's Individual Rule 2.A, Plaintiff shall submit a response to Intervenors' letter, not to exceed three pages, no later than Tuesday, August 14, 2018. IT IS FURTHER ORDERED that Intervenors shall serve a copy of this Order and their August 9, 2018 letter on Defendants no later than Tuesday, August 14, 2018, and shall file a certificate of service on the Court's electronic docket indicating that service was effected. IT IS FURTHER ORDERED that Defendants shall respond to Intervenors' letter, and to Plaintiff's response to that letter, no later than Friday, August 17, 2018. No further submissions will be accepted. IT IS FURTHER ORDERED that counsel for all parties - Plaintiff, Defendants, and Intervenors - shall appear for a pre-motion conference regarding lntervenors' planned motion on Wednesday, August 29, 2018 at 10:00 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. Pre-Motion Conference set for 8/29/2018 at 10:00 AM in Courtroom 905, 40 Foley Square, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 8/10/2018) (rj)
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| Filing 6 LETTER MOTION for Conference addressed to Judge Richard J. Sullivan from Gerald H. Silk and Dennis J. Herman dated August 9, 2018. Document filed by Public Employees Retirement System of Mississippi, Amalgamated Bank, as Trustee for the LV LargeCap 1000 Growth Index Fund, LongView Quantitative LargeCap Fund, and LongView Quant LargeCap Equity VEBA Fund.(Silk, Gerald) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Facebook, Inc., David M. Wehner, Mark E. Zuckerberg. (jgo) |
| Filing 4 NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of James Kacouris. (Hood, Joseph) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeremy Alan Lieberman. The party information for the following party/parties has been modified: James Kacouris. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| Magistrate Judge Debra C. Freeman 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Facebook, Inc., Mark E. Zuckerberg and David M. Wehner, re: #1 Complaint. Document filed by James Kacouris. (Lieberman, Jeremy) |
| Filing 2 CIVIL COVER SHEET filed. (Lieberman, Jeremy) |
| Filing 1 COMPLAINT against Facebook, Inc., David M. Wehner, Mark E. Zuckerberg. (Filing Fee $ 400.00, Receipt Number 0208-15377531)Document filed by James Kacouris.(Lieberman, Jeremy) |
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