Bishop v. Revolution Lighting Technologies, Inc. et al
| Bob Bishop |
| James A. DePalma, Revolution Lighting Technologies, Inc., Robert V. LaPenta and Charles J. Schafer |
| Fred Remer |
| 1:2019cv02722 |
| March 26, 2019 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 19
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) (js)
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Filing 18
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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| CONSOLIDATED MEMBER CASE: Create association to 1:19-cv-00980-JPO. (cf) |
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Filing 17
PLAINTIFF BOB BISHOP'S NOTICE OF VOLUNTARY DISMISSAL: NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), Plaintiff Bob Bishop ("Plaintiff") hereby voluntarily dismisses his claims without prejudice to his ability to participate in this consolidated action as an absent class member. As grounds thereof, Plaintiff states that no opposing party has served either an answer or a motion for summary judgement. Further, the putative class's interests will continue to be represented by the court-appointed lead plaintiff and lead counsel. So ordered. (Signed by Judge J. Paul Oetken on 5/10/2019) (ne)
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| Filing 16 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. Document filed by Bob Bishop. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Portnoy, Lesley) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #16 Notice of Voluntary Dismissal was reviewed and referred to Judge J. Paul Oetken for approval for the following reason(s): without prejudice to his ability to particiapte in this Consoldated action as an absent class member?. (dt) |
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Filing 15
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 an consolidated amended complaint and a briefing schedule in the even that defendants respond to that complaint by filing a motion to transfer. (Signed by Judge J. Paul Oetken on 5/2/2019) (mro)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (Yu, Joseph) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Revolution Lighting Technologies, Inc..(Yu, Joseph) |
| Filing 12 NOTICE OF APPEARANCE by Joseph Jong Seon Yu on behalf of James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (Yu, Joseph) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #8 Proposed Order was reviewed and approved as to form. (km) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-00980-JPO. Notice of Assignment to follow. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Unassigned is no longer assigned to the case. (bcu) |
| 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. (bcu) |
| Filing 11 NOTICE OF APPEARANCE by Sherief Morsy on behalf of Fred Remer. (Morsy, Sherief) |
| Filing 10 NOTICE OF APPEARANCE by Megan Marie Sullivan on behalf of Fred Remer. (Sullivan, Megan) |
| Filing 9 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-980 (JPO). Document filed by Fred Remer.(Gonnello, Richard) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Lesley Frank Portnoy, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (ad) |
| Filing 8 PROPOSED ORDER. Document filed by Fred Remer. Related Document Number: #5 . (Gonnello, Richard) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 7 DECLARATION of Richard W. Gonnello in Support re: #5 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) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 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) |
| Filing 5 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) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Lesley Frank Portnoy, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (jc) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lesley Frank Portnoy. The party information for the following party/parties has been modified: Bob Bishop. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dnh) |
| Case Designated ECF. (dnh) |
| CASE REFERRED TO Judge J. Paul Oetken as possibly related to 1:19-cv-00980-JPO. (dnh) |
| Filing 3 CIVIL COVER SHEET filed. (Portnoy, Lesley) |
| 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 Bob Bishop. (Portnoy, Lesley) |
| Filing 1 COMPLAINT against James A. DePalma, Robert V. LaPenta, Revolution Lighting Technologies, Inc., Charles J. Schafer. (Filing Fee $ 400.00, Receipt Number ANYSDC-16566672)Document filed by Bob Bishop.(Portnoy, Lesley) |
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