REVOLUTION LIGHTING TECHNOLOGIES, INC. SECURITIES LITIGATION
| James Glavan |
| James A. DePalma, Revolution Lighting Technologies, Inc., Robert V. LaPenta and Charles J. Schafer |
| Patrick Graham, Craig Holman, Police and Fire Retirement System of the City of Detroit, Xinying Gong, Wendy Graham, Fred Remer, Russell Hopewell and Chris Hubner |
| Bob Bishop |
| 1:2019cv00980 |
| January 31, 2019 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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Filing 95
DISTRIBUTION ORDER granting #90 Motion for Disbursement of Funds. Having reviewed and considering all the materials and arguments submitted in support of the motion, IT IS HEREBY ORDERED that: All distribution checks shall bear the notation "DEPOSIT PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION IF NOT NEGOTIATED WITHIN 120 DAYS OF ISSUE DATE." Consistent with the Plan of Allocation, after Epiq has made reasonable and diligent efforts to have Authorized Claimants negotiate their distribution checks, but no earlier than six (6) months after the Initial Distribution, Lead Counsel, in consultation with Epiq, will determine whether it is cost-effective to conduct a second distribution of the Net Settlement Fund (the "Second Distribution"), in which any amounts remaining in the Net Settlement Fund after the Initial Distribution, after deducting Epiq's fees and expenses incurred in connection with administering the Settlement for which it has not yet been paid (including the estimated costs of such Second Distribution), and after the payment of any Taxes, the costs of preparing appropriate tax returns, and any escrow fees, will be distributed to all Authorized Claimants in the Initial Distribution who (i) cashed their Initial Distribution check; and (ii) would receive at least $10.00 from such distribution based on their pro-rata share of the remaining funds. Additional re-distributions, after deduction of costs and expenses as described above, may occur thereafter, in an equitable and economical fashion, until Lead Counsel, in consultation with Epiq, determine that further re-distribution would not be cost-effective. If further re-distribution of the funds remaining in the Net Settlement Fund is not feasible or economical to reallocate, the remaining balance of the Net Settlement Fund shall be donated to the Investor Protection Trust, in accordance with paragraph 5.6 of the Stipulation. Epiq may destroy the paper copies of the Claim Forms and all related documentation one (1) year after the final distribution of the Net Settlement Fund and may destroy electronic copies of the same one (1) year after all funds have been distributed from the Net Settlement Fund. The Clerk is directed to close ECF No. 90. (Signed by Judge J. Paul Oetken on 3/29/2022) (ate) Transmission to Finance Unit (Cashiers) for processing.
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Filing 94
NOTICE of Non-Opposition to Lead Plaintiff's Motion for Distribution of the Net Settlement Fund re: #90 MOTION for Disbursement of Funds Notice of Lead Plaintiff's Motion for Distribution of the Net Settlement Fund.. Document filed by Fred Remer..(Lenahan, Katherine)
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Filing 93
DECLARATION of Michael McGuinness in Support re: #90 MOTION for Disbursement of Funds Notice of Lead Plaintiff's Motion for Distribution of the Net Settlement Fund.. Document filed by Fred Remer..(Lenahan, Katherine)
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Filing 92
MEMORANDUM OF LAW in Support re: #90 MOTION for Disbursement of Funds Notice of Lead Plaintiff's Motion for Distribution of the Net Settlement Fund. . Document filed by Fred Remer..(Lenahan, Katherine)
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Filing 91
PROPOSED ORDER. Document filed by Fred Remer. Related Document Number: #90 ..(Lenahan, Katherine) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 90
MOTION for Disbursement of Funds Notice of Lead Plaintiff's Motion for Distribution of the Net Settlement Fund. Document filed by Fred Remer..(Lenahan, Katherine)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #91 Proposed Order was reviewed and approved as to form. (dt)
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Filing 89
MEMO ENDORSEMENT granting #87 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. Attorney Richard William Gonnello terminated. (Signed by Judge J. Paul Oetken on 5/26/2021) (js)
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Filing 88
PROPOSED ORDER. Document filed by Fred Remer. Related Document Number: #87 ..(Lenahan, Katherine) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 87
MOTION for Richard W. Gonnello to Withdraw as Attorney . Document filed by Fred Remer..(Lenahan, Katherine)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #88 Proposed Order was reviewed and approved as to form. (dt)
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Filing 86
JUDGMENT GRANTING FINAL APPROVAL OF SETTLEMENT: This Judgment incorporates by reference the definitions in the Stipulation (which is deemed attached hereto), and all terms used herein shall have the same meanings as set forth in the Stipulation, unless otherwise set forth herein. This Court has jurisdiction over the subject matter of the Litigation and over all parties to the Litigation, including all Members of the Class. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby affirms its determinations in the Preliminary Approval Order and finally certifies for purposes of settlement only a Class defined as all Persons who purchased or otherwise acquired the publicly traded securities of Revolution Lighting Technologies, Inc. ("Revolution Lighting") between March 14, 2014 and November 14, 2018, inclusive, and were damaged thereby. Excluded from the Class are: (a) Persons who suffered no compensable losses, e.g., those who purchased or acquired Revolution Lighting securities during the Class Period but sold prior to any alleged corrective disclosure; (b) Defendants; (c) the officers and directors of the Company at all relevant times; (d) members of any Defendant's immediate families; (e) any entity in which Defendants have or had a controlling interest; (f) the legal representatives, heirs, successors, and assigns of such excluded parties; and (g) any Persons who exclude themselves by submitting a request for exclusion that is accepted by the Court. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for purposes of settlement only, the Court hereby affirms its determinations in the Order and finally appoints Lead Plaintiff Fred Remer as Class Representative for the Class and Faruqi & Faruqi, LLP as Class Counsel for the Class. The Court finds that the mailing of the Notice and Proof of Claim and Release form and the publication of the Summary Notice complied with the terms of the Stipulation and the Preliminary Approval Order, and provided the best notice practicable under the circumstances of those proceedings and of the matters set forth therein, including the proposed Settlement set forth in the Stipulation, to all Persons entitled to such notice, and said notice fully satisfied the requirements of Federal Rule of Civil Procedure 23, the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(a)(7), and the requirements of due process...as further set forth in this Judgment. The Court hereby finds that the proposed Plan of Allocation is a fair and reasonable method to allocate the Settlement Fund among Class Members, and Lead Plaintiff and the Claims Administrator are directed to administer the Plan of Allocation in accordance with its terms and the terms of the Stipulation. Lead Counsel is awarded attorneys' fees in the amount of $694,375 plus accrued interest, and expenses in the amount of $49,640.94, such amounts to be paid out of the Settlement Fund ten (10) calendar days following entry of this Order. In the event that this Judgment does not become Final, and any portion of the fee and expense award has already been paid from the Settlement Fund, Class Counsel shall within ten (10) business days of (i) entry of the order rendering the Settlement and Judgment non-Final, (ii) notice of the Settlement being terminated, or (iii) an event that precludes the Effective Date from occurring, refund to the Settlement Fund the fee and expense award paid to Lead Counsel. Lead Plaintiff is awarded in total $10,000, as an award for reasonable costs and expenses directly relating to the representation of the Settlement Class as provided in 15 U.S.C. 78u-4(a)(4), such amounts to be paid from the Settlement Fund upon the Effective Date of the Settlement. The provisions of this Judgment constitute a full and complete adjudication of the matters considered and adjudged herein, and the Court directs immediate entry of this Judgment by the Clerk of the Court. The Clerk of Court is directed to terminate the motions at Dkt. Nos. 66 and 69. The Clerk shall close this case (19-cv-980) and member cases 19-cv-2308, 19-cv-2722, and 19-cv-4252. Motions terminated: #66 MOTION for Settlement Notice of Lead Plaintiff's Motion for Final Approval of Class Action Settlement. filed by Fred Remer, #69 MOTION for Attorney Fees Notice of Lead Counsel's Motion for (1) An Award of Attorneys' Fees and Expenses and (2) An Award for Lead Plaintiff. filed by Fred Remer. (Signed by Judge J. Paul Oetken on 8/11/2020) (tro)
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Minute Entry for proceedings held before Judge J. Paul Oetken: class action settlement hearing held on 8/11/2020. (bh)
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Filing 85
MOTION for William H. Paine to Appear Pro Hac Vice (receipt number ANYSDC-21080462). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (Attachments: #1 Declaration of William H. Paine, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Paine, William)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #85 MOTION for William H. Paine to Appear Pro Hac Vice (receipt number ANYSDC-21080462). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 84
NOTICE OF APPEARANCE by Katherine M. Lenahan on behalf of Fred Remer..(Lenahan, Katherine)
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Filing 83
ORDER: The class action settlement hearing scheduled for August 11, 2020, at 11:00 a.m., will proceed as a telephone conference. Counsel and any interested parties are directed to call (888) 557-8511. The access code is 9300838. However, because notice has gone out to class members, I will take the call from Courtroom 706, 40 Foley Square, New York, New York, which will be open to the public. SO ORDERED. (Telephone Conference set for 8/11/2020 at 11:00 AM before Judge J. Paul Oetken). (Signed by Judge J. Paul Oetken on 8/7/2020) (rjm)
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Filing 82
DECLARATION of Michael McGuinness in Support re: #66 MOTION for Settlement Notice of Lead Plaintiff's Motion for Final Approval of Class Action Settlement.. Document filed by Fred Remer..(Gonnello, Richard)
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Filing 81
DECLARATION of Richard W. Gonnello in Support re: #66 MOTION for Settlement Notice of Lead Plaintiff's Motion for Final Approval of Class Action Settlement., #69 MOTION for Attorney Fees Notice of Lead Counsel's Motion for (1) An Award of Attorneys' Fees and Expenses and (2) An Award for Lead Plaintiff.. Document filed by Fred Remer..(Gonnello, Richard)
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Filing 80
REPLY MEMORANDUM OF LAW in Support re: #66 MOTION for Settlement Notice of Lead Plaintiff's Motion for Final Approval of Class Action Settlement., #69 MOTION for Attorney Fees Notice of Lead Counsel's Motion for (1) An Award of Attorneys' Fees and Expenses and (2) An Award for Lead Plaintiff. . Document filed by Fred Remer..(Gonnello, Richard)
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Filing 79
LETTER addressed to Judge J. Paul Oetken from Phillip Kim dated July 31, 2020 re: Resolution of Concerns Raised in July 21, 2020 Letter (Dkt. No. 73). Document filed by Patrick Graham, Wendy Graham..(Kim, Phillip)
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Filing 78
ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW granting #77 Motion to Withdraw as Attorney. Upon consideration of the Motion for Leave to Withdraw as Counsel, and for good cause shown, it is HEREBY ORDERED THAT Sherief Morsy of Faruqi & Faruqi, LLP is hereby withdrawn as counsel of record for Lead Plaintiff Fred Remer. The Clerk of the Court is directed to remove the above-named attorney from the docket as well as the ECF Service List. IT IS SO ORDERED.. (Signed by Judge J. Paul Oetken on 7/30/2020) Attorney Sherief Morsy terminated (ks)
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Filing 77
MOTION for SHERIEF MORSY to Withdraw as Attorney . Document filed by Fred Remer. (Attachments: #1 Text of Proposed Order).(Morsy, Sherief)
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Filing 76
DECLARATION of Jed D. Melnick . Document filed by James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer..(Yu, Joseph)
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Filing 75
DECLARATION of Patrick Doehner . Document filed by James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (Attachments: #1 Exhibit 1 - Image of Electronic Links to Notice).(Yu, Joseph)
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Filing 74
DECLARATION of William H. Paine . Document filed by James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (Attachments: #1 Exhibit A - Form 8-K, #2 Exhibit B - Published Summary Notice).(Yu, Joseph)
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Filing 73
LETTER addressed to Judge J. Paul Oetken from Phillip Kim dated July 21, 2020 re: Clarification of the Record Regarding Settlement Terms. Document filed by Patrick Graham, Wendy Graham..(Kim, Phillip)
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Filing 72
PROPOSED JUDGMENT. Document filed by Fred Remer. (Attachments: #1 Stipulation of Settlement, #2 Exhibit 1 - List of Excluded Persons).(Gonnello, Richard) Proposed Judgment to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #72 Proposed Judgment was reviewed and approved as to form. (km)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Gonnello to RE-FILE Document #71 Proposed Order. Use the event type proposed order, proposed judgment. (km)
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Filing 71
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Fred Remer. (Attachments: #1 Stipulation of Settlement, #2 Exhibit 1 - List of Excluded Persons) Related Document Number: [66, 69]..(Gonnello, Richard) Proposed Order to be reviewed by Clerk's Office staff. Modified on 7/8/2020 (km).
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Filing 70
MEMORANDUM OF LAW in Support re: #69 MOTION for Attorney Fees Notice of Lead Counsel's Motion for (1) An Award of Attorneys' Fees and Expenses and (2) An Award for Lead Plaintiff. . Document filed by Fred Remer..(Gonnello, Richard)
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Filing 69
MOTION for Attorney Fees Notice of Lead Counsel's Motion for (1) An Award of Attorneys' Fees and Expenses and (2) An Award for Lead Plaintiff. Document filed by Fred Remer..(Gonnello, Richard)
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Filing 68
DECLARATION of Richard W. Gonnello in Support re: #66 MOTION for Settlement Notice of Lead Plaintiff's Motion for Final Approval of Class Action Settlement.. Document filed by Fred Remer. (Attachments: #1 Exhibit A - Preliminary Approval Order, #2 Exhibit B - NERA Economic Consulting Report, #3 Exhibit C - Faruqi & Faruqi, LLP Firm Resume, #4 Exhibit D - Faruqi & Faruqi, LLP Lodestar Report, #5 Exhibit E - Faruqi & Faruqi, LLP Expense Report, #6 Exhibit F - Declaration of Fred Remer).(Gonnello, Richard)
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Filing 67
MEMORANDUM OF LAW in Support re: #66 MOTION for Settlement Notice of Lead Plaintiff's Motion for Final Approval of Class Action Settlement. . Document filed by Fred Remer..(Gonnello, Richard)
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Filing 66
MOTION for Settlement Notice of Lead Plaintiff's Motion for Final Approval of Class Action Settlement. Document filed by Fred Remer..(Gonnello, Richard)
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Filing 65
DECLARATION of Michael McGuinness re: #64 Order on Motion for Settlement,,,,,,,,, Regarding: (A) Mailing of the Notice and Claim Form; (B) Publication of the Summary Notice; and (C) Report on Requests for Exclusion. Document filed by Fred Remer. (Attachments: #1 Exhibit A - Notice Packet, #2 Exhibit B - Nominee Letter, #3 Exhibit C - Summary Notice, #4 Exhibit D - Request for Exclusion).(Gonnello, Richard)
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Filing 64
ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE granting #59 Motion for Settlement. NOW, THEREFORE, IT IS HEREBY ORDERED: The Court has reviewed the Stipulation and does hereby preliminarily approve the Settlement set forth therein, subject to further consideration at the Final Approval Hearing described below. Pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, and for purposes of this Settlement only, the Litigation is hereby preliminarily certified as a class action on behalf of all Persons who purchased or otherwise acquired publicly traded Revolution Lighting securities between March 14, 2014 and November 14, 2018, inclusive, and were damaged thereby. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of settlement only, Lead Plaintiff is certified as the Class Representative on behalf of the Class and Lead Counsel is hereby appointed as Class Counsel. A hearing (the "Final Approval Hearing") shall be held before this Court on August 11, 2020 at 11 a.m, at the United States District Court for the Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007, to determine whether the proposed Settlement of the Litigation on the terms and conditions provided for in the Stipulation is fair, reasonable, and adequate and should be approved by the Court; whether a Judgment as provided in 1.17 of the Stipulation should be entered; The Court approves the appointment of Huntington National Bank as the Escrow Agent to manage and administer the Settlement Fund for the benefit of the Class. The Escrow Agent may, at any time after entry of this Order and without further approval from Defendants or the Court, disburse at the direction of Lead Counsel up to $150,000 from the Settlement Fund prior to the Effective Date to pay Notice and Administration Expenses. After the Effective Date, additional amounts, up to a total of $100,000, may be transferred from the Settlement Fund to pay for any additional Notice and Administration Expenses without further order of the Court. For any additional Notice and Administration Expenses above $100,000, Lead Counsel shall obtain Court approval for payments out of the Escrow Account. All other provisions as further set forth in this order. (Signed by Judge J. Paul Oetken on 4/10/2020) (js)
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Set/Reset Hearings: Status Conference set for 8/11/2020 at 11:00 AM before Judge J. Paul Oetken. (js)
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Filing 63
NOTICE of Non-Opposition to Lead Plaintiff's Motion for Preliminary Approval of Class Action Settlement re: #59 MOTION for Settlement Notice of Lead Plaintiff's Motion for Preliminary Approval of Class Action Settlement.. Document filed by Fred Remer..(Gonnello, Richard)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #62 Proposed Order was reviewed and approved as to form. (dt)
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Filing 62
PROPOSED ORDER. Document filed by Fred Remer. Related Document Number: #59 ..(Gonnello, Richard) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 61
DECLARATION of Richard W. Gonnello in Support re: #59 MOTION for Settlement Notice of Lead Plaintiff's Motion for Preliminary Approval of Class Action Settlement.. Document filed by Fred Remer. (Attachments: #1 Exhibit A - Faruqi & Faruqi, LLP Firm Resume, #2 Exhibit B - Stefan Boettrich and Svetlana Starykh, Recent Trends in Securities Class Action Litigation: 2018 Full-Year Review (NERA 2019)).(Gonnello, Richard)
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Filing 60
MEMORANDUM OF LAW in Support re: #59 MOTION for Settlement Notice of Lead Plaintiff's Motion for Preliminary Approval of Class Action Settlement. . Document filed by Fred Remer..(Gonnello, Richard)
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Filing 59
MOTION for Settlement Notice of Lead Plaintiff's Motion for Preliminary Approval of Class Action Settlement. Document filed by Fred Remer..(Gonnello, Richard)
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Filing 58
SETTLEMENT AGREEMENT Stipulation of Settlement. Document filed by Fred Remer. (Attachments: #1 Exhibit A - [Proposed] Order Preliminarily Approving the Settlement and Providing for Notice, #2 Exhibit A-1 - Notice of Pendency and Proposed Settlement of Class Action, #3 Exhibit A-2 - Proof of Claim and Release Form, #4 Exhibit A-3 - Summary Notice, #5 Exhibit B - [Proposed] Judgment Granting Final Approval of Settlement).(Gonnello, Richard)
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Filing 57
LETTER addressed to Judge J. Paul Oetken from Richard W. Gonnello dated March 13, 2020 re: Joint Status Report. Document filed by James A. DePalma, Robert V. LaPenta, Fred Remer, Revolution Lighting Technologies, Inc., Charles J. Schafer..(Gonnello, Richard)
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Filing 56
LETTER addressed to Judge J. Paul Oetken from Katherine M. Lenahan dated March 6, 2020 re: Joint Status Report. Document filed by James A. DePalma, Robert V. LaPenta, Fred Remer, Revolution Lighting Technologies, Inc., Charles J. Schafer..(Lenahan, Katherine)
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Filing 55
LETTER addressed to Judge J. Paul Oetken from Richard W. Gonnello dated February 28, 2020 re: Joint Status Report. Document filed by James A. DePalma, Robert V. LaPenta, Fred Remer, Revolution Lighting Technologies, Inc., Charles J. Schafer..(Gonnello, Richard)
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Filing 54
LETTER addressed to Judge J. Paul Oetken from Richard W. Gonnello dated February 13, 2020 re: Joint Status Report. Document filed by James A. DePalma, Robert V. LaPenta, Fred Remer, Revolution Lighting Technologies, Inc., Charles J. Schafer..(Gonnello, Richard)
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Filing 53
LETTER addressed to Judge J. Paul Oetken from Richard W. Gonnello dated January 17, 2020 re: Joint Status Report. Document filed by James A. DePalma, Robert V. LaPenta, Fred Remer, Revolution Lighting Technologies, Inc., Charles J. Schafer.(Gonnello, Richard)
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Filing 52
LETTER addressed to Judge J. Paul Oetken from Richard W. Gonnello dated December 13, 2019 re: Joint Status Report. Document filed by James A. DePalma, Robert V. LaPenta, Fred Remer, Revolution Lighting Technologies, Inc., Charles J. Schafer.(Gonnello, Richard)
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Filing 51
STATUS REPORT. Document filed by Fred Remer.(Gonnello, Richard)
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Filing 50
JOINT STIPULATION REGARDING AMENDED PROPOSED SCHEDULING ORDER GOVERNING THE FILING AND BRIEFING OF PLAINTIFF'S AMENDED COMPLAINT: NOW THEREFORE, the Parties, by and through their undersigned counsel, hereby move the Court, as follows: 1. Within 10 days after the mediation, the Parties will file a joint report with the Court regarding the status of the case. If the Parties report that the mediation was unsuccessful, then the Parties agree to the following schedule: a. Lead Plaintiff shall have sixty (60) days after filing of the joint report to the Court to file an Amended Complaint. b. Defendants shall have sixty (60) days after Lead Plaintiff has filed an Amended Complaint to file a response thereto. c. Should Defendants file a motion to dismiss or a motion to transfer, Lead Plaintiff shall have sixty (60) days after Defendants file their motion to file an answering brief in opposition to Defendants' motion. d. Defendants shall have forty-five (45) days after Lead Plaintiff files an opposition brief to file their reply brief in further support of their motion. So Ordered. (Signed by Judge J. Paul Oetken on 8/22/2019) Filed In Associated Cases: 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, 1:19-cv-04252-JPO(js)
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Filing 49
PROPOSED STIPULATION AND ORDER. Document filed by James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (Yu, Joseph)
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Filing 48
JOINT STIPULATION REGARDING PROPOSED SCHEDULING ORDER GOVERNING THE FILING AND BRIEFING OF PLAINTIFF'S AMENDED COMPLAINT: IT IS HEREBY STIPULATED, by and between Lead Plaintiff and Defendants, subject to the approval of the Court, as follows: The Parties will be attempting to mediate this case on September 26, 2019. Within 10 days after the mediation, the Parties will file a joint report with the Court regarding the status of the case. If the Parties report that the mediation was unsuccessful, then the Parties agree to the following schedule: Lead Plaintiff shall have sixty (60) days after filing of the joint report to the Court to file an Amended Complaint. Defendants shall have sixty (60) days after Lead Plaintiff has filed an Amended Complaint to file a response thereto. c. Should Defendants file a motion to dismiss or a motion to transfer, Lead Plaintiff shall have sixty (60) days after Defendants file their motion to file an answering brief in opposition to Defendants' motion. d. Defendants shall have forty-five (45) days after Lead Plaintiff files an opposition brief to file their reply brief in further support of their motion. (Signed by Judge J. Paul Oetken on 8/2/2019) Filed In Associated Cases: 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, 1:19-cv-04252-JPO(js)
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Filing 47
PROPOSED STIPULATION AND ORDER. Document filed by James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (Yu, Joseph)
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Filing 46
ORDER denying as moot (42) Motion to Consolidate Cases in case 1:19-cv-00980-JPO; denying as moot (14) Motion to Consolidate Cases in case 1:19-cv-02308-JPO. In light of this Court's Opinion and Order of July 29, 2019, consolidating several related securities fraud cases, all pending motions to consolidate the member cases are DENIED as moot. The Clerk of Court is directed to close the motions at Docket Number 42 of 19 Civ. 980 and Docket Number 14 of 19 Civ. 2308. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/30/2019) Filed In Associated Cases: 1:19-cv-00980-JPO, 1:19-cv-02308-JPO (ks)
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Filing 45
OPINION AND ORDER re: (16 in 1:19-cv-00980-JPO, 16 in 1:19-cv-00980-JPO, 16 in 1:19-cv-00980-JPO) MOTION to Consolidate Cases 19-cv-02308 and 19-cv-02722 . MOTION to Appoint Chris Hubner to serve as lead plaintiff(s) . MOTION to Approve Counsel . filed by Chris Hubner, (19 in 1:19-cv-00980-JPO) MOTION to Appoint The Police and Fire Retirement System of the City of Detroit to serve as lead plaintiff(s) , to Appoint Counsel Kirby McInerney LLP, and to Consolidate Cases 1:19-cv-980, 1:19-cv-2308, 1:19-cv-2722. filed by Police and Fire Retirement System of the City of Detroit, (7 in 1:19-cv-02308-JPO, 7 in 1:19-cv-02308-JPO, 7 in 1:19-cv-02308-JPO) MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-02722 . MOTION to Appoint Fred Remer to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Fred Remer, (7 in 1:19-cv-00980-JPO, 7 in 1:19-cv-00980-JPO, 7 in 1:19-cv-00980-JPO) MOTION to Appoint Counsel . MOTION to Appoint Xinying Gong to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, and 1:19-cv-02722-UA . filed by Xinying Gong, (13 in 1:19-cv-00980-JPO, 13 in 1:19-cv-00980-JPO) MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:19-cv-02308 . filed by Craig Holman, Russell Hopewell, (22 in 1:19-cv-00980-JPO, 22 in 1:19-cv-00980-JPO, 22 in 1:19-cv-00980-JPO) MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-02722 . MOTION to Appoint Fred Remer to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Fred Remer, (10 in 1:19-cv-00980-JPO, 10 in 1:19-cv-00980-JPO, 10 in 1:19-cv-00980-JPO) MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Patrick Graham and Wendy Graham to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980, 1:19-cv-02308, 1:19-cv-02722 . filed by Wendy Graham, Patrick Graham.For the foregoing reasons, Fred Remer's motion to consolidate these three related cases, to be appointed as lead plaintiff, and to have Faruqi & Faruqi, LLP approved as lead counsel is GRANTED. The corresponding motions of Xinying Gong; Patrick and Wendy Graham; Russell Hopewell and Craig Holman; Chris Hubner; and The Police and Fire Retirement System of the City of Detroit are DENIED. Pursuant to Federal Rule of Civil Procedure 42(a), the above-captioned actions are to be consolidated under Case Number 19 Civ. 980 for all purposes, including discovery, pretrial proceedings, and trial. Every pleading filed in this consolidated action shall be captioned "In re: REVOLUTION LIGHTING TECHNOLOGIES, INC. SECURITIES LITIGATION."Within ten days of the date of this order, the parties shall file a joint letter proposing a schedule for filing an amended complaint and for filing and briefing Revolutions anticipated motion to transfer. The Clerk of Court is directed to close the following motions: Docket Numbers 7, 10, 13, 16, 19, and 22 in Glavan v. Revolution Lighting Technologies, Inc., No. 19 Civ. 980; Docket Number 7 in Hubner v. Revolution Lighting Technologies, Inc., No. 19 Civ. 2308; and Docket Number 5 in Bishop v. Revolution Lighting Technologies, Inc., No. 19 Civ. 2722. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 7/29/2019) (cf)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #44 Proposed Order was reviewed and approved as to form. (km)
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Filing 44
PROPOSED ORDER. Document filed by Fred Remer. Related Document Number: #42 . (Gonnello, Richard) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 43
MEMORANDUM OF LAW in Support re: #42 MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-04252-JPO . . Document filed by Fred Remer. (Gonnello, Richard)
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Filing 42
MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-04252-JPO . Document filed by Fred Remer.(Gonnello, Richard)
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Filing 41
NOTICE of Related Case. Document filed by Fred Remer. (Gonnello, Richard)
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Filing 40
NOTICE of Withdrawal of Lead Plaintiff Motion re: #7 MOTION to Appoint Counsel . MOTION to Appoint Xinying Gong to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, and 1:19-cv-02722-UA .. Document filed by Xinying Gong. (Portnoy, Lesley)
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Filing 39
NOTICE OF CHANGE OF ADDRESS by Peter S Linden on behalf of Police and Fire Retirement System of the City of Detroit. New Address: Kirby McInerney LLP, 250 Park Avenue, Suite 820, New York, New York, United States 10177, 212-371-6600. (Linden, Peter)
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Filing 38
DECLARATION of Zachary Nye, Ph.D. in Support re: #22 MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-02722 . MOTION to Appoint Fred Remer to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Fred Remer. (Attachments: #1 Exhibit 1 - Nye CV, #2 Exhibit 2 - Remer LIFO Share Matching Methodology Chart, #3 Exhibit 3 - Remer LIFO Share Matching with Dura Constraint Chart)(Gonnello, Richard)
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Filing 37
DECLARATION of Richard W. Gonnello in Support re: #22 MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-02722 . MOTION to Appoint Fred Remer to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Fred Remer. (Attachments: #1 Exhibit A - In re Watchguard Sec. Litig., No. C05-678JLR, 2005 U.S. Dist. LEXIS 40923 (W.D. Wash. July 13, 2005))(Gonnello, Richard)
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Filing 36
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-02722 . MOTION to Appoint Fred Remer to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Fred Remer. (Gonnello, Richard)
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Filing 35
REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Patrick Graham and Wendy Graham to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980, 1:19-cv-02308, 1:19-cv-02722 . . Document filed by Patrick Graham, Wendy Graham. (Kim, Phillip)
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Filing 34
MEMORANDUM OF LAW in Opposition re: #16 MOTION to Consolidate Cases 19-cv-02308 and 19-cv-02722 . MOTION to Appoint Chris Hubner to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #19 MOTION to Appoint The Police and Fire Retirement System of the City of Detroit to serve as lead plaintiff(s) , to Appoint Counsel Kirby McInerney LLP, and to Consolidate Cases 1:19-cv-980, 1:19-cv-2308, 1:19-cv-2722., #7 MOTION to Appoint Counsel . MOTION to Appoint Xinying Gong to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, and 1:19-cv-02722-UA ., #13 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:19-cv-02308 ., #10 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Patrick Graham and Wendy Graham to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980, 1:19-cv-02308, 1:19-cv-02722 . . Document filed by Fred Remer. (Gonnello, Richard)
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Filing 33
NOTICE of Non-Opposition to the Competing Motions for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of Lead Counsel re: #7 MOTION to Appoint Counsel . MOTION to Appoint Xinying Gong to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, and 1:19-cv-02722-UA .. Document filed by Xinying Gong. (Portnoy, Lesley)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #16 MOTION to Consolidate Cases 19-cv-02308 and 19-cv-02722 . MOTION to Appoint Chris Hubner to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #19 MOTION to Appoint The Police and Fire Retirement System of the City of Detroit to serve as lead plaintiff(s) , to Appoint Counsel Kirby McInerney LLP, and to Consolidate Cases 1:19-cv-980, 1:19-cv-2308, 1:19-cv-2722., #7 MOTION to Appoint Counsel . MOTION to Appoint Xinying Gong to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, and 1:19-cv-02722-UA ., #13 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:19-cv-02308 ., #22 MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-02722 . MOTION to Appoint Fred Remer to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Patrick Graham, Wendy Graham. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kim, Phillip)
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Filing 31
NOTICE of WITHDAWAL OF MOVANTS CRAIG HOLMAN AND RUSSELL HOPEWELL MOTION TO CONSOLIDATE ACTIONS AND BE APPOINTED LEAD PLAINTIFF AND TO APPRROVE THEIR SELECTION OF COUNSEL re: #13 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:19-cv-02308 .. Document filed by Craig Holman, Russell Hopewell. (McKenna, Thomas)
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Filing 30
NOTICE of NON-OPPOSITION OF CHRIS HUBNER TO COMPETING MOTIONS FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL re: #16 MOTION to Consolidate Cases 19-cv-02308 and 19-cv-02722 . MOTION to Appoint Chris Hubner to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Chris Hubner. (Lieberman, Jeremy)
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Filing 29
NOTICE OF APPEARANCE by Sherief Morsy on behalf of Fred Remer. (Morsy, Sherief)
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Filing 28
NOTICE OF APPEARANCE by Megan Marie Sullivan on behalf of Fred Remer. (Sullivan, Megan)
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Filing 27
NOTICE of Related Case. Document filed by Fred Remer. (Gonnello, Richard)
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Filing 26
PROPOSED ORDER. Document filed by Chris Hubner. Related Document Number: #16 . (Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (ad)
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Filing 25
PROPOSED ORDER. Document filed by Fred Remer. Related Document Number: #22 . (Gonnello, Richard) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 24
DECLARATION of Richard W. Gonnello in Support re: #22 MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-02722 . MOTION to Appoint Fred Remer to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Fred Remer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gonnello, Richard)
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Filing 23
MEMORANDUM OF LAW in Support re: #22 MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-02722 . MOTION to Appoint Fred Remer to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Fred Remer. (Gonnello, Richard)
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Filing 22
MOTION to Consolidate Cases 1:19-cv-00980-JPO; 1:19-cv-02308-JPO; 1:19-cv-02722 ., MOTION to Appoint Fred Remer to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Fred Remer.(Gonnello, Richard)
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Filing 21
DECLARATION of Peter S. Linden in Support re: #19 MOTION to Appoint The Police and Fire Retirement System of the City of Detroit to serve as lead plaintiff(s) , to Appoint Counsel Kirby McInerney LLP, and to Consolidate Cases 1:19-cv-980, 1:19-cv-2308, 1:19-cv-2722.. Document filed by Police and Fire Retirement System of the City of Detroit. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Linden, Peter)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION to Appoint The Police and Fire Retirement System of the City of Detroit to serve as lead plaintiff(s) , to Appoint Counsel Kirby McInerney LLP, and to Consolidate Cases 1:19-cv-980, 1:19-cv-2308, 1:19-cv-2722. . Document filed by Police and Fire Retirement System of the City of Detroit. (Linden, Peter)
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Filing 19
MOTION to Appoint The Police and Fire Retirement System of the City of Detroit to serve as lead plaintiff(s) , to Appoint Counsel Kirby McInerney LLP, and to Consolidate Cases 1:19-cv-980, 1:19-cv-2308, 1:19-cv-2722. Document filed by Police and Fire Retirement System of the City of Detroit. (Attachments: #1 Text of Proposed Order)(Linden, Peter)
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Filing 18
DECLARATION of Jeremy A. Lieberman in Support re: #16 MOTION to Consolidate Cases 19-cv-02308 and 19-cv-02722 . MOTION to Appoint Chris Hubner to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Chris Hubner. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - Firm Resume)(Lieberman, Jeremy)
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Filing 17
MEMORANDUM OF LAW in Support re: #16 MOTION to Consolidate Cases 19-cv-02308 and 19-cv-02722 . MOTION to Appoint Chris Hubner to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Chris Hubner. (Lieberman, Jeremy)
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Filing 16
MOTION to Consolidate Cases 19-cv-02308 and 19-cv-02722 ., MOTION to Appoint Chris Hubner to serve as lead plaintiff(s) ., MOTION to Approve Counsel . Document filed by Chris Hubner. (Attachments: #1 Text of Proposed Order)(Lieberman, Jeremy)
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Filing 15
DECLARATION of Thomas J. McKenna in Support re: #13 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:19-cv-02308 .. Document filed by Craig Holman, Russell Hopewell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(McKenna, Thomas)
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Filing 14
MEMORANDUM OF LAW in Support re: #13 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:19-cv-02308 . Hopewell + Holman. Document filed by Russell Hopewell. (McKenna, Thomas)
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Filing 13
MOTION to Appoint Counsel ., MOTION to Consolidate Cases 1:19-cv-02308 . Document filed by Russell Hopewell, Craig Holman. (Attachments: #1 Text of Proposed Order)(McKenna, Thomas)
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Filing 12
MEMORANDUM OF LAW in Support re: #10 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Patrick Graham and Wendy Graham to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980, 1:19-cv-02308, 1:19-cv-02722 . . Document filed by Patrick Graham, Wendy Graham. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certifications, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume)(Kim, Phillip)
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Filing 11
PROPOSED ORDER. Document filed by Patrick Graham, Wendy Graham. Related Document Number: [Docket No. 10]. (Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 10
MOTION to Appoint Counsel The Rosen Law Firm, P.A.., MOTION to Appoint Patrick Graham and Wendy Graham to serve as lead plaintiff(s) ., MOTION to Consolidate Cases 1:19-cv-00980, 1:19-cv-02308, 1:19-cv-02722 . Document filed by Patrick Graham, Wendy Graham.(Kim, Phillip)
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Filing 9
DECLARATION of Lesley F. Portnoy in Support re: #7 MOTION to Appoint Counsel . MOTION to Appoint Xinying Gong to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, and 1:19-cv-02722-UA .. Document filed by Xinying Gong. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - Firm Resume)(Portnoy, Lesley)
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Filing 8
MEMORANDUM OF LAW in Support re: #7 MOTION to Appoint Counsel . MOTION to Appoint Xinying Gong to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, and 1:19-cv-02722-UA . . Document filed by Xinying Gong. (Portnoy, Lesley)
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Filing 7
MOTION to Appoint Counsel ., MOTION to Appoint Xinying Gong to serve as lead plaintiff(s) ., MOTION to Consolidate Cases 1:19-cv-00980-JPO, 1:19-cv-02308-JPO, and 1:19-cv-02722-UA . Document filed by Xinying Gong. (Attachments: #1 Text of Proposed Order)(Portnoy, Lesley)
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Filing 6
ORDER REGARDING COMPLAINT AND RESPONSIVE PLEADING: IT IS HEREBY ORDERED as follows: 1. Defendants shall not be required to answer or otherwise respond to the pending complaint; and, 2. Within 10 days after the appointment by the Court of a lead plaintiff and lead plaintiff's counsel pursuant to the Private Securities Litigation Reform Act of 1995 ("PSLRA"), the parties will present to the Court a proposed schedule for the filing of a consolidated amended complaint and a briefing schedule in the event that defendants respond to that complaint by filing a motion to transfer. (Signed by Judge J. Paul Oetken on 3/27/2019) (jca)
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Filing 5
PROPOSED STIPULATION AND ORDER. Document filed by James Glavan. (Portnoy, Lesley)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lesley Frank Portnoy. The party information for the following party/parties has been modified: James Glavan. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (sj)
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Magistrate Judge Sarah Netburn 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. (sj)
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Case Designated ECF. (sj)
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Filing 3
CIVIL COVER SHEET filed. (Portnoy, Lesley)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to REVOLUTION LIGHTING TECHNOLOGIES, INC., ROBERT V. LAPENTA, CHARLES J. SCHAFER, and JAMES A. DEPALMA, re: #1 Complaint. Document filed by James Glavan. (Portnoy, Lesley)
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Filing 1
COMPLAINT against James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (Filing Fee $ 400.00, Receipt Number ANYSDC-16276146)Document filed by James Glavan.(Portnoy, Lesley)
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