The New York City Employees' Retirement System et al v. Transdigm Group, Inc.
| The New York City Police Pension Fund, The New York City Fire Department Pension Fund, The New York City Board of Education Retirement System, The Teachers' Retirement System of the City of New York and The New York City Employees' Retirement System |
| Transdigm Group, Inc. |
| 1:2018cv11344 |
| December 5, 2018 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Stockholders Suits |
| None |
Docket Report
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Filing 14
STIPULATION OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties and/or their respective counsel, as follows: The parties agree that the above-captioned action is dismissed and discontinued without prejudice pursuant to Federal Rule of Civil Procedure 41. In consideration of the dismissal of this above-captioned action, Defendant agrees that it will include the Plaintiffs' Proposal in its proxy materials for the 2019 Annual Meeting. The parties agree that each party shall bear its own legal and other costs (including attorneys' fees) incurred in connection with this matter, including the preparation and performance of this stipulation ("Stipulation") and any communications with or submissions to the Division or this Court. This Stipulation is governed by the laws of the United States. The exclusive jurisdiction and venue for any dispute relating to or arising under this Stipulation is the United States District Court for the Southern District of New York. For purposes of construing this Stipulation, this Stipulation shall be deemed to have been drafted by all parties to this Stipulation and is not be construed contra proferentem against any party in any subsequent dispute. This Stipulation constitutes the complete agreement between the parties with respect to the subject matter hereof. This Stipulation may not be amended except by written consent of the parties. The undersigned counsel and other signatories represent and warrant that they are fully authorized to execute this Stipulation on behalf of the persons and entities listed below. This Stipulation maybe executed in counterparts, each of which constitutes an original and all of which constitute one and the same Stipulation. Emails that attach signatures in PDF form constitute acceptable, binding signatures for purposes of this Stipulation. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/18/2019) (rro)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by The New York City Board of Education Retirement System, The New York City Employees' Retirement System, The New York City Fire Department Pension Fund, The New York City Police Pension Fund, The Teachers' Retirement System of the City of New York. (Van Eysden, Inga) |
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Filing 12
ORDER OF DISCONTINUANCE, By letter dated December 20, 2018, the parties reported to the Court that they have reached a settlement in this case. Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Courts jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/21/2018) (kv)
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| Filing 11 LETTER addressed to Judge Katherine Polk Failla from Inga Van Eysden dated December 20, 2018 re: Settlement. Document filed by The New York City Board of Education Retirement System, The New York City Employees' Retirement System, The New York City Fire Department Pension Fund, The New York City Police Pension Fund, The Teachers' Retirement System of the City of New York.(Van Eysden, Inga) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. Transdigm Group, Inc. served on 12/13/2018, answer due 1/3/2019. Service was accepted by Amy McLaren. Document filed by The New York City Fire Department Pension Fund; The New York City Employees' Retirement System; The New York City Police Pension Fund; The Teachers' Retirement System of the City of New York; The New York City Board of Education Retirement System. (Van Eysden, Inga) |
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/8/2019 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla; and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 12/18/2018) (rro)
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Transdigm Group, Inc.. (pne) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to TRANSDIGM GROUP, INC., re: #3 Complaint,. Document filed by The New York City Board of Education Retirement System, The New York City Employees' Retirement System, The New York City Fire Department Pension Fund, The New York City Police Pension Fund, The Teachers' Retirement System of the City of New York. (Van Eysden, Inga) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Inga Van Eysden to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant Name Error; the defendant name listed on the PDF must exactly match the party of record. Include 'c/o' or 'via' before second party name. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to TransDigm Group, Inc., re: #3 Complaint,. Document filed by The New York City Board of Education Retirement System, The New York City Employees' Retirement System, The New York City Fire Department Pension Fund, The New York City Police Pension Fund, The Teachers' Retirement System of the City of New York. (Van Eysden, Inga) Modified on 12/11/2018 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Inga Van Eysden to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; The caption must directly correspond to the pleading. If the entire caption does not fit list the leading party followed by 'et al.' The defendant listed on the PDF must exactly match the party of record. Include 'C/o' or 'via' before second party name. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to TransDigm Group, Incorporated, re: #3 Complaint,. Document filed by The New York City Board of Education Retirement System, The New York City Employees' Retirement System, The New York City Fire Department Pension Fund, The New York City Police Pension Fund, The Teachers' Retirement System of the City of New York. (Van Eysden, Inga) Modified on 12/10/2018 (dnh). |
| Filing 4 CIVIL COVER SHEET filed. (Van Eysden, Inga) |
| Filing 3 COMPLAINT against Transdigm Group, Inc.. Document filed by The New York City Fire Department Pension Fund, The New York City Employees' Retirement System, The New York City Police Pension Fund, The Teachers' Retirement System of the City of New York, The New York City Board of Education Retirement System.(Van Eysden, Inga) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Inga Van Eysden to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF is blank;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Inga Van Eysden to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Magistrate Judge James L. Cott 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) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Van Eysden, Inga) Modified on 12/6/2018 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-16006366)Document filed by The New York City Fire Department Pension Fund, The New York City Employees' Retirement System, The New York City Police Pension Fund, The Teachers' Retirement System of the City of New York, The New York City Board of Education Retirement System.(Van Eysden, Inga) Modified on 12/6/2018 (jgo). |
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