In re Revolution Lighting Technologies, Inc. Derivative Action
| Russell Hopewell and Craig Holman |
| Robert V. Lapenta, Stephen G. Virtue, William D. Ingram, Revolution Lighting Technologies, Inc., Deputy Inspector Dennis McCarthy, James A. DePalma and Dennis McCarthy |
| George Assad |
| 1:2019cv03913 |
| May 1, 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 August 11, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ORDER AND FINAL JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: Unless otherwise stated herein, all capitalized terms contained in this Judgment shall have the same meaning and effect as stated in the Stipulation (which is deemed attached hereto). This Court has jurisdiction over the subject matter of the New York Action and over the Settling Parties to the New York Action. This Court hereby approves the Settlement set forth in the Stipulation and finds that the Settlement is, in all respects, fair, reasonable, and adequate to each of the Settling Parties, Revolution Lighting Technologies, Inc. ("Revolution"), and Current Revolution Stockholders, and hereby finally approves the Settlement in all respects and directs the Settling Parties to perform the terms of the Settlement as set forth in the Stipulation. This Court hereby dismisses the New York Action with prejudice and without costs to the Settling Parties, except as otherwise provided below. The Court hereby approves the Fee and Expense Award and directs payment of the Fee and Expense Award of $583,333.33 in accordance with the terms of the Stipulation. The Court hereby approves the Service Awards of $2000 for each Plaintiff to be paidfrom Plaintiffs' Counsel's Fee and Expense Award in recognition of Plaintiffs' participation and efforts in the prosecution of the Actions. There is no reason for delay in the entry of this Judgment and immediate entry by the Clerk of the Court is expressly directed by the Court. The Clerk is directed to close the motions at Dkt. Nos. 24 and 28. The Clerk is directed to close this case (19-cv-3913) as well as 19-cv-4124. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/11/20/20) Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO (ama)
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Filing 37
ORDER granting #36 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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Minute Entry for proceedings held before Judge J. Paul Oetken: settlement hearing held on 8/11/2020. (bh)
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Case Stay Lifted. (ama)
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Filing 36
MOTION for William H. Paine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21082203. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James A. DePalma, William D. Ingram, Robert V. Lapenta, Dennis McCarthy, Revolution Lighting Technologies, Inc., Stephen G. Virtue. (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. #36 MOTION for William H. Paine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21082203. 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 35
ORDER: The settlement hearing scheduled for August 11, 2020, at 11:30 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, 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 11:30 AM before Judge J. Paul Oetken). (Signed by Judge J. Paul Oetken on 8/7/2020) Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO, as per Chambers. (rjm)
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Filing 34
NOTICE of OF NO OBJECTORS TO SETTLEMENT re: (27 in 1:19-cv-03913-JPO, 19 in 1:19-cv-04124-JPO) Scheduling Order,,,,,,,,,. Document filed by Craig Holman, Russell Hopewell, George Assad. Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO.(McKenna, Thomas)
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Filing 33
DECLARATION of Jed D. Melnick . Document filed by James A. DePalma, William D. Ingram, Robert V. Lapenta, Dennis McCarthy, Revolution Lighting Technologies, Inc., Stephen G. Virtue. Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO.(Yu, Joseph)
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Filing 32
DECLARATION of Patrick Doehner . Document filed by James A. DePalma, William D. Ingram, Robert V. Lapenta, Dennis McCarthy, Revolution Lighting Technologies, Inc., Stephen G. Virtue. (Attachments: #1 Exhibit 1 - Image of Electronic Links to Notice and Stipulation)Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO.(Yu, Joseph)
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Filing 31
DECLARATION of WILLIAM H. PAINE in Support. Document filed by James A. DePalma, William D. Ingram, Robert V. Lapenta, Dennis McCarthy, Revolution Lighting Technologies, Inc., Stephen G. Virtue. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO.(Yu, Joseph)
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Filing 30
DECLARATION of Thomas J. McKenna in Support re: (20 in 1:19-cv-04124-JPO, 20 in 1:19-cv-04124-JPO, 20 in 1:19-cv-04124-JPO) MOTION to Approve Settlement and Attorneys' Fees and Service Awards, and Reimbursement of Expenses . MOTION for Attorney Fees . MOTION for Settlement .. Document filed by George Assad, Craig Holman, Russell Hopewell. Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO.(McKenna, Thomas)
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Filing 29
MEMORANDUM OF LAW in Support re: (20 in 1:19-cv-04124-JPO, 20 in 1:19-cv-04124-JPO, 20 in 1:19-cv-04124-JPO) MOTION to Approve Settlement and Attorneys' Fees and Service Awards, and Reimbursement of Expenses . MOTION for Attorney Fees . MOTION for Settlement . . Document filed by George Assad, Craig Holman, Russell Hopewell. Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO.(McKenna, Thomas)
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Filing 28
MOTION to Approve Settlement and Attorneys' Fees and Service Awards, and Reimbursement of Expenses .( Return Date set for 8/11/2020 at 11:30 AM.), MOTION for Attorney Fees .( Return Date set for 8/11/2020 at 11:30 AM.), MOTION for Settlement . Document filed by George Assad, Craig Holman, Russell Hopewell.Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO.(McKenna, Thomas)
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Filing 27
PRLIMINARY APPROVAL AND SCHEDULING ORDER: NOW THEREFORE, IT IS ORDERED: 1. This Court does hereby preliminarily approve, subject to further consideration at the Settlement Hearing described below, the Stipulation and the terms of the Settlement set forth therein. 2. The final Settlement Hearing shall be held before the United States District Court for the Southern District of New York, on August 11, 2020 at 11:30 a.m. before this Court in Courtroom No. 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007, to: (1) determine whether the terms of the Settlement should be approved as fair, reasonable, and adequate; (2) consider any objections to the Settlement submitted in accordance with the Notice; (3) determine whether the Judgment finally approving the Settlement, substantially in the form of Exhibit E to the Stipulation, should be entered, dismissing the Derivative Action with prejudice and releasing the Released Claims against the Released Parties; (4) determine whether the requested Fee and Expense Award for Plaintiffs' Counsel and the Service Awards to Plaintiffs, which will be funded from the Fee and Expense Award, should be approved; and (5) consider any other matters that may properly be brought before the Court in connection with the Settlement. 3. This Court approves, as to form and content, the Notice and Summary Notice, annexed as Exhibits B and C to the Stipulation, and finds that the filing of the Stipulation and publication of the Notice substantially in the manner and form set forth in 3.4 of the Stipulation, meets the requirements of Federal Rule of Civil Procedure 23.1 and due process, is the best notice practicable under the circumstances, and shall constitute due and sufficient notice to all Persons entitled thereto of all matters relating to the Settlement. Within ten (10) business days of the Courts entry of this Preliminary Approval and Scheduling Order. All other provisions as further set forth in this order. So Ordered Settlement Conference set for 8/11/2020 at 11:30 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 4/10/2020) Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO (js)
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Filing 26
DECLARATION of Thomas J. McKenna in Support re: #24 MOTION to Approve Preliminary Approval of Derivative Settlement and Approval of Shareholder Notice .. Document filed by George Assad, Craig Holman, Russell Hopewell. (Attachments: #1 Exhibit 1 -- Stipulation and Agreement of Settlement).(McKenna, Thomas)
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Filing 25
MEMORANDUM OF LAW in Support re: #24 MOTION to Approve Preliminary Approval of Derivative Settlement and Approval of Shareholder Notice . . Document filed by George Assad, Craig Holman, Russell Hopewell..(McKenna, Thomas)
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Filing 24
MOTION to Approve Preliminary Approval of Derivative Settlement and Approval of Shareholder Notice . Document filed by George Assad, Craig Holman, Russell Hopewell..(McKenna, Thomas)
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Filing 23
NOTICE OF CHANGE OF ADDRESS by Thomas James McKenna on behalf of Craig Holman, Russell Hopewell. New Address: Gainey McKenna & Egleston, 501 Fifth Avenue, 19th Floor, New York, New York, United States 10017, 2129831300. Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO(McKenna, Thomas)
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Filing 22
ORDER REGARDING COMPLAINT AND RESPONSIVE PLEADINGS: IT IS HEREBY ORDERED as follows: 1. Docket 20 is vacated. 2. This case is stayed pending Defendants' answer or a decision on Defendants' motion to dismiss filed in In re Revolution Lighting Technologies, Inc. Securities Litigation, No. 19-CV-980 (JPO) (the New York Securities Action). 3. Within ten days following Defendants answer or a decision on Defendants motion to dismiss filed in the New York Securities Action, the Parties shall file a proposed schedule for the filing of a consolidated amended complaint and Defendants' response thereto. 4. Should the Parties' mediation be unsuccessful, any Party may terminate the stay in the above-captioned action by providing notice via email to the undersigned counsel to the other Parties. The stay shall terminate 30 days from the date of notice, at which time the Parties shall file a proposed schedule for the filing of a consolidated amended complaint and for the filing of Defendants' response thereto. So Ordered. (Signed by Judge J. Paul Oetken on 8/9/2019) Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO(js)
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Filing 21
PROPOSED STIPULATION AND ORDER. Document filed by James A. DePalma, William D. Ingram, Robert V. Lapenta, Dennis McCarthy, Revolution Lighting Technologies, Inc., Stephen G. Virtue. (Yu, Joseph)
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Filing 20
Vacated as per Judge's Order dated 8/9/2019, Doc. #8/9/2019 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) Modified on 8/15/2019 (js).
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Filing 19
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 complaints; and, 2. Within 10 days after the appointment by the Court of a lead plaintiff and lead plaintiff's counsel in the Class Actions, 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 7/01/2019) Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO(ama)
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Filing 18
PROPOSED STIPULATION AND ORDER. Document filed by James A. DePalma, William D. Ingram, Robert V. Lapenta, Dennis McCarthy, Revolution Lighting Technologies, Inc., Stephen G. Virtue. (Yu, Joseph)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Revolution Lighting Technologies, Inc..(Yu, Joseph)
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Filing 16
NOTICE OF APPEARANCE by Joseph Jong Seon Yu on behalf of James A. DePalma, William D. Ingram, Robert V. Lapenta, Dennis McCarthy, Revolution Lighting Technologies, Inc., Stephen G. Virtue. (Yu, Joseph)
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Filing 15
ORDER GRANTING UNOPPOSED MOTION TO CONSOLIDATE RELATED SHAREHOLDER DERIATIVE ACTIONS AND APPOINT CO-LEAD COUNSEL: (6) Motion to Consolidate Cases 1:19-cv-03913 (as Lead Case) with 1:19-cv-04124 in case 1:19-cv-03913-JPO; granting (5) Motion to Consolidate Cases 1:19-cv-03913 (as Lead Case) with 1:19-cv-04124 in case 1:19-cv-04124-JPO. Plaintiffs' Motion is GRANTED. The action listed herein are hereby consolidated for all purposes, including pre-trial proceedings and trial, under Case No. 1:19-cv-03913, pursuant to F.R.C.P. 42(a). All papers filed in connection with the Consolidated Action will be maintained in one file under Lead Case No. 1:19-cv-03913. Co-Lead Counsel for plaintiffs for the conduct of the Consolidated Actions shall be: Gainey McKenna & Egelston, and Levi & Kroinsky, LLP. This order shall apply to each derivative case arising out of the same, or substantially the same, transactions or events as these cases, that is subsequently filed in, remanded to, reassigned to, or transferred to this Court. When a case that properly belongs as part of In re Revolution Lighting Technologies Inc. Derivative Litigation, Lead Case No. 1:19-cv-03913, is hereafter filed in the Court, reassigned to the Court, or transferred here from another court, this Court requests the assistance of counsel in calling to the attention of the clerk of the Court the filing, reassignment, or transfer of any case that might properly be consolidated as part of In re Revolution Lighting Technologies Inc. Derivative Litigation, Lead Case No. 1:19-cv-03913, and counsel are to assist in assuring that counsel in subsequent actions receive notice of this order. Every pleading filed in the Consolidated Action, or in any separate action included herein, must bear the following caption.The Clerk of Court is directed to consolidate Nos. 19 Civ. 3913 and 19 Civ. 4124 and to close the motions at Docket Number 6 in 19 Civ. 3913 and at Docket Number 5 in 19 Civ. 4124. (Signed by Judge J. Paul Oetken on 6/10/2019) Filed In Associated Cases: 1:19-cv-03913-JPO, 1:19-cv-04124-JPO (tro) Modified on 6/10/2019 (tro).
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Filing 14
WAIVER OF SERVICE RETURNED EXECUTED. Dennis McCarthy waiver sent on 5/22/2019, answer due 7/22/2019. Document filed by Craig Holman; Russell Hopewell. (McKenna, Thomas)
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Filing 13
WAIVER OF SERVICE RETURNED EXECUTED. Stephen G. Virtue waiver sent on 5/22/2019, answer due 7/22/2019. Document filed by Craig Holman; Russell Hopewell. (McKenna, Thomas)
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Filing 12
WAIVER OF SERVICE RETURNED EXECUTED. William D. Ingram waiver sent on 5/22/2019, answer due 7/22/2019. Document filed by Craig Holman; Russell Hopewell. (McKenna, Thomas)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Revolution Lighting Technologies, Inc. waiver sent on 5/22/2019, answer due 7/22/2019. Document filed by Craig Holman; Russell Hopewell. (McKenna, Thomas)
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Filing 10
WAIVER OF SERVICE RETURNED EXECUTED. James A. DePalma waiver sent on 5/22/2019, answer due 7/22/2019. Document filed by Craig Holman; Russell Hopewell. (McKenna, Thomas)
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Filing 9
WAIVER OF SERVICE RETURNED EXECUTED. Robert V. Lapenta waiver sent on 5/22/2019, answer due 7/22/2019. Document filed by Craig Holman; Russell Hopewell. (McKenna, Thomas)
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Filing 8
DECLARATION of Thomas J. McKenna in Support re: #6 MOTION to Consolidate Cases 19-03913 and 19-04124 and Appoint Co Lead Counsel.. Document filed by Craig Holman, Russell Hopewell. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McKenna, Thomas)
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Filing 7
MEMORANDUM OF LAW in Support re: #6 MOTION to Consolidate Cases 19-03913 and 19-04124 and Appoint Co Lead Counsel. . Document filed by Craig Holman, Russell Hopewell. (McKenna, Thomas)
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Filing 6
MOTION to Consolidate Cases 19-03913 and 19-04124 and Appoint Co Lead Counsel. Document filed by Craig Holman, Russell Hopewell. (Attachments: #1 Text of Proposed Order Granting Motion to Consolidate and Appointing Co Lead Counsel)(McKenna, Thomas)
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CASE ACCEPTED AS RELATED. Create association to 1:19-cv-00980-JPO. Notice of Assignment to follow. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Unassigned is no longer assigned to the case. (wb)
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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. (wb)
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Filing 5
STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-980. Document filed by Craig Holman, Russell Hopewell.(McKenna, Thomas)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Revolution Lighting Technologies, Inc.. (sj)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas James McKenna. The following case opening statistical information was erroneously selected/entered: Class Action code y (Class Action Alleged); County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Class Action code has been modified to (No Class Action Alleged); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas James McKenna. The party information for the following party/parties has been modified: Russell Hopewell; Craig Holman; Revolution Lighting Technologies, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (sj)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Thomas James McKenna, 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. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
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Case Designated ECF. (sj)
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CASE REFERRED TO Judge J. Paul Oetken as possibly related to 1:19cv980. (sj)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Revolution Lighting Technologies, Inc., re: #1 Complaint,. Document filed by Craig Holman, Russell Hopewell. (McKenna, Thomas)
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Filing 2
CIVIL COVER SHEET filed. (McKenna, Thomas)
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Filing 1
COMPLAINT against James A. DePalma, William D. Ingram, Robert V. Lapenta, Dennis McCarthy, Revolution Lighting Technologies, Inc., Stephen G. Virtue. (Filing Fee $ 400.00, Receipt Number ANYSDC-16803699)Document filed by Craig Holman, Russell Hopewell.(McKenna, Thomas)
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