In re Avon Products Inc. Securities Litigation
| Manzoor Bevinal and David Klungle |
| James S. Scully, Sherilyn S. McCoy, Avon Products, Inc., James S. Wilson and David Legher |
| Holly Ngo |
| 1:2019cv01420 |
| February 14, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Mary Kay Vyskocil |
| Securities/Commodities |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 54
DECLARATION of Gregory M. Nespole in Support re: #52 MOTION to Certify Class , Appoint Class Representatives, and Appoint Class Counsel.. Document filed by David Klungle, Holly Ngo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Nespole, Gregory)
|
|
Filing 53
MEMORANDUM OF LAW in Support re: #52 MOTION to Certify Class , Appoint Class Representatives, and Appoint Class Counsel. . Document filed by David Klungle, Holly Ngo..(Nespole, Gregory)
|
|
Filing 52
MOTION to Certify Class , Appoint Class Representatives, and Appoint Class Counsel. Document filed by David Klungle, Holly Ngo..(Nespole, Gregory)
|
|
NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Colleen McMahon is no longer assigned to the case..(wb)
|
|
Filing 51
ANSWER to #32 Amended Complaint,. Document filed by Avon Products, Inc., David Legher, Sherilyn S. McCoy, James S. Scully, James S. Wilson.(DeMasi, Karin)
|
|
Filing 50
CASE MANAGEMENT PLAN: This case is to be tried to a jury. Defendants shall answer the Amended Class Action Complaint by December 16, 2019.3. Discovery pursuant to Fed. R. Civ. P. 26(a) shall be exchanged by January 15, 2020. Amended Pleadings due by 3/11/2020. Joinder of Parties due by 1/15/2020. Motions due by 4/9/2021. Responses due by 5/21/2021 Replies due by 6/11/2021. Fact Discovery due by 10/12/2020. Expert Discovery due by 2/24/2021. Discovery due by 2/24/2021. The parties may at any time consent to have this case tried before the assigned Magistrate Judge pursuant to 28 U.S.C. 636(c). With respect to class certification: a. Plaintiffs shall file their motion for class certification by: Defendants' Position: February 14, 2020 b. Defendants shall file their opposition by: Defendants' Position: April 17, 2020 c. Plaintiffs shall file their reply by: Defendants' Position: May 15, 2020. (Signed by Judge Colleen McMahon on 12/12/2019) (mml)
|
|
Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 12/12/2019. Initial Conference: Court to approve February 14, 2020 date for Plaintiffs motion for class certification; July 15, 2020 date for document discovery deadline, with rolling productions beginning on February 15, 2020.Submitted By: Alex Zuckerman. (mde)
|
|
Filing 49
PROPOSED CASE MANAGEMENT PLAN. Document filed by David Klungle, Holly Ngo. (Kupka, Christopher)
|
|
Filing 48
ORDER granting #47 Letter Motion for Extension of Time to Answer. OK. Avon Products, Inc. answer due 12/16/2019; David Legher answer due 12/16/2019; Sherilyn S. McCoy answer due 12/16/2019; James S. Scully answer due 12/16/2019; James S. Wilson answer due 12/16/2019. (Signed by Judge Colleen McMahon on 11/25/2019) (mml)
|
|
Filing 47
LETTER MOTION for Extension of Time to File Answer re: #32 Amended Complaint, addressed to Judge Colleen McMahon from Karin A. DeMasi dated November 22, 2019. Document filed by Avon Products, Inc., David Legher, Sherilyn S. McCoy, James S. Scully, James S. Wilson.(DeMasi, Karin)
|
|
Filing 46
DECISION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS denying #33 Motion to Dismiss. Accordingly, the Defendants' motion to dismiss is denied. The Clerk of Court is respectfully directed to terminate the open motion at Dkt. No. 33. The constitutes the "written" decision and order of the Court. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 11/18/2019) (cf)
|
|
Filing 45
STIPULATION AND ORDER JOINING DEFENDANT DAVID LEGHER IN MOTION TO DISMISS: NOW THEREFORE, IT IS STIPULATED AND AGREED: 1. Defendant Mr. Legher hereby joins in the July 26 Motion to Dismiss and the September 13, 2019 Reply; 2. Plaintiffs oppose Mr. Legher's motion to dismiss for the reasons set forth in the August 30, 2019 Opposition; 3. No party intends to file further briefing and the July 26 Motion to Dismiss is fully submitted. SO ORDERED. (Signed by Judge Colleen McMahon on 11/6/2019) (mml) Modified on 11/7/2019 (mml).
|
|
Filing 44
PROPOSED STIPULATION AND ORDER. Document filed by Avon Products, Inc., David Legher, Sherilyn S. McCoy, James S. Scully, James S. Wilson. (DeMasi, Karin)
|
|
Filing 43
WAIVER OF SERVICE RETURNED EXECUTED. David Legher waiver sent on 8/20/2019, answer due 11/18/2019. Document filed by David Klungle; Holly Ngo. (Kupka, Christopher)
|
|
Filing 42
LETTER addressed to Judge Colleen McMahon from Karin A. DeMasi dated September 13, 2019 re: oral argument. Document filed by Avon Products, Inc., Sherilyn S. McCoy, James S. Scully, James S. Wilson.(DeMasi, Karin)
|
|
Filing 41
REPLY MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss ("Notice Of Motion To Dismiss Plaintiffs' Corrected Consolidated Amended Complaint"). . Document filed by Avon Products, Inc., Sherilyn S. McCoy, James S. Scully, James S. Wilson. (DeMasi, Karin)
|
|
Filing 40
MEMORANDUM OF LAW in Opposition re: #33 MOTION to Dismiss ("Notice Of Motion To Dismiss Plaintiffs' Corrected Consolidated Amended Complaint"). . Document filed by David Klungle, Holly Ngo. (Nespole, Gregory)
|
|
Filing 39
ELECTRONIC SUMMONS ISSUED as to David Legher. (sj)
|
|
Filing 38
REQUEST FOR ISSUANCE OF SUMMONS as to David Legher, re: #32 Amended Complaint,. Document filed by David Klungle, Holly Ngo. (Kupka, Christopher)
|
|
Filing 37
AMENDED CALENDAR NOTICE: Rule (16) Conference set for 12/13/2019 at 11:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/7/2019) (rj)
|
|
Filing 36
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Blackrock, Inc. for Avon Products, Inc.. Document filed by Avon Products, Inc..(DeMasi, Karin)
|
|
Filing 35
DECLARATION of Karin A. DeMasi in Support re: #33 MOTION to Dismiss ("Notice Of Motion To Dismiss Plaintiffs' Corrected Consolidated Amended Complaint").. Document filed by Avon Products, Inc., Sherilyn S. McCoy, James S. Scully, James S. Wilson. (Attachments: #1 Exhibit 1--10 Q for Q2 2015, #2 Exhibit 2--10 K for FY 2015, #3 Exhibit 3--1.21.16 Investor Day presentation, #4 Exhibit 4--S&P Global Inc.'s transcript of 1.21.16 Investor Day event, #5 Exhibit 5--S&P Global Inc.'s transcript of 2.11.16 earnings call, #6 Exhibit 6--S&P Global Inc.'s transcript of 5.5.16 earnings call, #7 Exhibit 7--10 Q for Q2 2016, #8 Exhibit 8--10 Q for Q3 2016, #9 Exhibit 9--10 K for FY 2016, #10 Exhibit 10--S&P Global Inc.'s transcript of 2.16.17 earnings call, #11 Exhibit 11--10 Q for Q1 2017, #12 Exhibit 12--S&P Global Inc.'s transcript of 8.3.17 earnings call, #13 Exhibit 13--10 Q for Q2 2017, #14 Exhibit 14--Wall Street Journal article dated 8.3.17, #15 Exhibit 15--8 K dated 2.5.18)(DeMasi, Karin)
|
|
Filing 34
MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss ("Notice Of Motion To Dismiss Plaintiffs' Corrected Consolidated Amended Complaint"). ("Memorandum Of Law In Support Of Defendants' Motion To Dismiss Plaintiffs' Corrected Consolidated Amended Complaint"). Document filed by Avon Products, Inc., Sherilyn S. McCoy, James S. Scully, James S. Wilson. (DeMasi, Karin)
|
|
Filing 33
MOTION to Dismiss ("Notice Of Motion To Dismiss Plaintiffs' Corrected Consolidated Amended Complaint"). Document filed by Avon Products, Inc., Sherilyn S. McCoy, James S. Scully, James S. Wilson. (Attachments: #1 Corrected Consolidated Amended Complaint)(DeMasi, Karin)
|
|
Filing 32
CONSENT AMENDED COMPLAINT amending #29 Amended Complaint, against Avon Products, Inc., David Legher, Sherilyn S. McCoy, James S. Scully, James S. Wilson with JURY DEMAND.Document filed by David Klungle, Holly Ngo. Related document: #29 Amended Complaint,. (Attachments: #1 Exhibit Ngo Certification, #2 Exhibit Klungle Certification)(Kupka, Christopher)
|
|
Filing 31
NOTICE of Joint Stipulation Regarding Filing of Corrected Complaint re: #29 Amended Complaint,. Document filed by David Klungle, Holly Ngo. (Kupka, Christopher)
|
|
Filing 30
AMENDED CALENDAR NOTICE: Initial Conference set for 8/9/2019 at 09:45 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon, as furhter set forth in this order. (Signed by Judge Colleen McMahon on 7/12/2019) (jwh)
|
|
Filing 29
AMENDED COMPLAINT amending #25 Amended Complaint, against Avon Products, Inc., David Legher, Sherilyn S. McCoy, James S. Scully, James S. Wilson with JURY DEMAND.Document filed by David Klungle, Holly Ngo. Related document: #25 Amended Complaint,. (Attachments: #1 Exhibit Ngo Certification, #2 Exhibit Klungle Certification)(Kupka, Christopher)
|
|
Filing 28
ORDER DIRECTING CLERK TO AMEND CAPTION AND GRANTING PLAINTIFFS LEAVE TO FILE A REVISED AMENDED COMPLAINT granting #26 Motion to Amend/Correct. IT IS HEREBY: 1. ORDERED that the Clerk amend the caption as follows: In re Avon Products Inc. Securities Litigation. 2. ORDERED that Plaintiffs are granted leave to refile the FAC, modifying only the caption. IT IS SO ORDERED. (Signed by Judge Colleen McMahon on 7/3/2019) (mml)
|
|
Filing 27
MEMORANDUM OF LAW in Support re: #26 CONSENT MOTION to Amend/Correct #25 Amended Complaint, to modify the caption and refile Amended Complaint bearing the modified caption. . Document filed by David Klungle, Holly Ngo. (Kupka, Christopher)
|
|
Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT MOTION to Amend/Correct #25 Amended Complaint, to modify the caption and refile Amended Complaint bearing the modified caption. Document filed by David Klungle, Holly Ngo. (Attachments: #1 Affidavit Declaration of Christopher Kupka in support of motion, #2 Text of Proposed Order Proposed Order)(Kupka, Christopher) Modified on 9/5/2019 (db).
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher James Kupka to RE-FILE re: Document No. #25 Amended Complaint,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; the selected filers do not appear on the pleading caption; the pleading was filed incorrectly on the due date of 6/28/2019 set by the court, therefore Court's leave will be required to re-file. Re-file the pleading using the event type Amended 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne)
|
|
Filing 25
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against Avon Products, Inc., Sherilyn S. McCoy, James S. Scully, James S. Wilson, David Legher with JURY DEMAND.Document filed by Holly Ngo, David Klungle. Related document: #1 Complaint. (Attachments: #1 Ngo Certification, #2 Klungle Certification)(Kupka, Christopher) Modified on 7/1/2019 (pne).
|
|
Filing 24
MEMO ENDORSEMENT on STIPULATION AND PROPOSED SCHEDULING ORDER. ENDORSEMENT: I will not sign-here is your schedule. Consolidated amended complaint 6/28. Motion to dismiss 7/26. Response to motion to dismiss 8/30. Reply Sept 13. ( Amended Pleadings due by 6/28/2019., Motions due by 7/26/2019., Responses due by 8/30/2019, Replies due by 9/13/2019.) (Signed by Judge Colleen McMahon on 6/17/2019) (mro)
|
|
Filing 23
PROPOSED STIPULATION AND ORDER. Document filed by Holly Ngo. (Kupka, Christopher)
|
|
Filing 22
NOTICE OF APPEARANCE by Andrew Huynh on behalf of Avon Products, Inc., Sherilyn S. McCoy, James S. Scully. (Huynh, Andrew)
|
|
Filing 21
NOTICE OF APPEARANCE by Theodore Jeffrey Hawkins on behalf of Holly Ngo. (Hawkins, Theodore)
|
|
Filing 20
NOTICE OF APPEARANCE by Christine M. Fox on behalf of Holly Ngo. (Fox, Christine)
|
|
Filing 19
NOTICE OF APPEARANCE by Carol Cecilia Villegas on behalf of Holly Ngo. (Villegas, Carol)
|
|
Filing 18
NOTICE OF APPEARANCE by Gregory Mark Nespole on behalf of Holly Ngo. (Nespole, Gregory)
|
|
Filing 17
NOTICE OF APPEARANCE by Christopher James Kupka on behalf of Holly Ngo. (Kupka, Christopher)
|
|
Filing 16
DECISION AND ORDER APPOINTING LEAD PLAINTIFF AND CLASS COUNSEL granting #12 Motion to Appoint Holly Ngo as Lead Plaintiff(s); granting #12 Motion to Appoint Counsel. Ngo's motion is granted. As lead counsel, Levi & Korsinsky shall have the following responsibilities and duties, to be carried out either personally or through counsel whom the firm designates: a. to coordinate the briefing and argument of any and all motions; b. to coordinate the conduct of any and all discovery proceedings; c. to coordinate the examination of any and all witnesses in depositions; d. to coordinate the selection of counsel to act as spokesperson(s) at all pretrial conferences; e. to call meetings of the plaintiffs' counsel as they deem necessary and appropriate from time to time; f. to coordinate all settlement negotiations with counsel for Defendants; g. to coordinate and direct pretrial discovery proceedings, preparation for trial, and trial of this matter and delegate work responsibilities to selected counsel as may be required; h. to coordinate the preparation and filings of all pleadings; and 1. to supervise all other matters concerning the prosecution or resolution of the claims asserted in this action. The Clerk of Court is respectfully directed to close the open motion at Dkt. No. 12. This constitutes the decision of the court. (Signed by Judge Colleen McMahon on 6/3/2019) (mml)
|
|
Filing 15
RESPONSE in Support of Motion re: #12 MOTION to Appoint Holly Ngo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP. . Document filed by Holly Ngo. (Korsinsky, Eduard)
|
|
Filing 14
DECLARATION of Eduard Korsinsky in Support re: #12 MOTION to Appoint Holly Ngo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Holly Ngo. (Attachments: #1 Exhibit PSLRA Cert., #2 Exhibit Loss Chart, #3 Exhibit PSLRA Notice, #4 Exhibit LK Firm Resume)(Korsinsky, Eduard)
|
|
Filing 13
MEMORANDUM OF LAW in Support re: #12 MOTION to Appoint Holly Ngo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP. . Document filed by Holly Ngo. (Korsinsky, Eduard)
|
|
Filing 12
MOTION to Appoint Holly Ngo to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Levi & Korsinsky, LLP. Document filed by Holly Ngo. (Attachments: #1 Text of Proposed Order)(Korsinsky, Eduard)
|
|
Filing 11
STIPULATION AND ORDER: IT IS THEREFORE STIPULATED AND AGREED that, subject to the Court's approval: 1. Defendants shall have no obligation to answer or otherwise respond to the Complaint, or any other complaint filed in this action or in any related action that is consolidated with this case, until after the appointment of a lead plaintiff and after the filing by such lead plaintiff of a consolidated complaint. 2. Within 10 business days after the Court appoints lead plaintiff and lead counsel, lead counsel shall meet and confer with counsel for Defendants and file a stipulation setting an appropriate schedule for the filing of lead plaintiffs consolidated complaint and Defendants' response to the consolidated complaint. 3. Nothing herein shall be deemed to constitute a waiver of any claims, rights, defenses, objections, arguments, or any other application to any court that a party may have with respect to the claims set forth in the Complaint. (Signed by Judge Colleen McMahon on 3/13/2019) (mml)
|
|
Filing 10
AFFIDAVIT OF SERVICE. James S. Scully served on 2/16/2019, answer due 3/11/2019. Service was accepted by James S. Scully, Personally. Document filed by Manzoor Bevinal. (Rudman, Samuel)
|
|
Filing 9
AFFIDAVIT OF SERVICE. Sherilyn S. McCoy served on 2/16/2019, answer due 3/11/2019. Service was accepted by Sherilyn S. McCoy, Personally. Document filed by Manzoor Bevinal. (Rudman, Samuel)
|
|
Filing 8
AFFIDAVIT OF SERVICE. Avon Products, Inc. served on 2/18/2019, answer due 3/11/2019. Service was accepted by Ginny Edwards, Person Authorized to Accept Service. Document filed by Manzoor Bevinal. (Rudman, Samuel)
|
|
Filing 7
PROPOSED STIPULATION AND ORDER. Document filed by Avon Products, Inc., Sherilyn S. McCoy, James S. Scully. (DeMasi, Karin)
|
|
Filing 6
NOTICE OF APPEARANCE by Karin A. DeMasi on behalf of Avon Products, Inc., Sherilyn S. McCoy, James S. Scully. (DeMasi, Karin)
|
|
Filing 5
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must appear for a conference on 7/26/2019 in courtroom 24A, 500 Pearl Street, New York, New York 10007 at 10:00 a.m. And as set forth herein. Initial Conference set for 7/26/2019 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 2/21/2019) (ama)
|
|
Filing 4
ELECTRONIC SUMMONS ISSUED as to Avon Products, Inc., Sherilyn S. McCoy, James S. Scully, James S. Wilson. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samuel Howard Rudman. The party information for the following party/parties has been modified: Manzoor Bevinal. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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. (pc)
|
|
Magistrate Judge Gabriel W. Gorenstein 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. (pc)
|
|
Case Designated ECF. (pc)
|
|
Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Avon Products, Inc., Sherilyn S. McCoy, James S. Wilson and James S. Scully, re: #1 Complaint. Document filed by Manzoor Bevinal. (Rudman, Samuel)
|
|
Filing 2
CIVIL COVER SHEET filed. (Rudman, Samuel)
|
|
Filing 1
COMPLAINT against Avon Products, Inc., Sherilyn S. McCoy, James S. Scully, James S. Wilson. (Filing Fee $ 400.00, Receipt Number ANYSDC-16351394)Document filed by Manzoor Bevinal.(Rudman, Samuel)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
