In re Diebold Nixdorf, Inc. Securities Litigation.
| Selwyn Karp, General Retirement System of the City of Detroit, City of Dearborn Heights ACT 345 Police and Fire Retirement System and University of Puerto Rico Retirement System |
| Christopher A. Chapman, Andreas W. Mattes and Diebold Nixdorf, Incorporated |
| Neelam Arora and Manoj Arora |
| Indiana Laborers Pension and Welfare Funds |
| Juergen Wunram |
| City of Livonia Retiree Health and Disability Benefits Plan |
| 1:2019cv06180 |
| July 2, 2019 |
| US District Court for the Southern District of New York |
| Loretta A Preska |
| Securities/Commodities |
| Plaintiff |
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| Filing 73 AMENDED COMPLAINT amending #1 Complaint against Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes, Juergen Wunram with JURY DEMAND.Document filed by Indiana Laborers Pension and Welfare Funds. Related document: #1 Complaint.(O'Mara, Brian) |
Filing 72
MEMO ENDORSEMENT on re: #71 Letter filed by Indiana Laborers Pension and Welfare Funds. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 1/7/2020) (mml)
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| Filing 71 LETTER addressed to Judge Loretta A. Preska from Brian O. O'Mara dated January 6, 2020 re: to amend case caption. Document filed by Indiana Laborers Pension and Welfare Funds.(O'Mara, Brian) |
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Filing 70
ORDER FOR ADMISSION PRO HAC VICE OF ARTHUR C. LEAHY granting #69 Motion for Arthur C. Leahy to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 12/9/2019) (mml)
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| Filing 69 MOTION for Arthur C. Leahy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18222982. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Affidavit Declaration of Arthur C. Leahy, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Leahy, Arthur) |
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Filing 68
MEMORANDUM & ORDER granting #52 Motion for Reconsideration; denying #62 Motion to Strike. The UPR/Detroit Movants' motion for reconsideration [dkt. no. 54] is granted. However, upon reconsideration the Court adheres to its October 30, 2019 order appointing the Indiana Movants as lead plaintiff [dkt. no. 51]. The Indiana Movants' motion to strike [dkt. no. 62] is denied. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/5/2019) (mml)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #69 MOTION for Arthur C. Leahy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18222982. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 67
ORDER FOR ADMISSION PRO HAC VICE OF BRIAN O. O'MARA granting #64 Motion for Brian O. O'Mara to Appear Pro Hac Vice. IT IS SO ORDERED. (Signed by Judge Loretta A. Preska on 12/2/2019) (ks)
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| Filing 66 NOTICE of Withdrawal. Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Arnold, James) |
| Filing 65 MEMORANDUM OF LAW in Opposition re: #62 MOTION to Strike Document No. [60, 60-1, 60-2, 60-2, 60-3] , or in the Alternative, for Leave to Respond to New Argument Raised in Reply Brief. . Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Twersky, Mitchell) |
| Filing 64 MOTION for Brian O. O'Mara to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18164691. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Affidavit Declaration of Brian O. O'Mara in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Certificate of Good Standing, #4 Exhibit C - Certificate of Good Standing, #5 Text of Proposed Order)(O'Mara, Brian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Brian O. O'Mara to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18164691. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 63 PROPOSED ORDER. Document filed by Indiana Laborers Pension and Welfare Funds. Related Document Number: #62 . (Myers, Danielle) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 62 MOTION to Strike Document No. [60, 60-1, 60-2, 60-2, 60-3] , or in the Alternative, for Leave to Respond to New Argument Raised in Reply Brief. Document filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Exhibit A - Standard & Poor's Money Market Directory for Indiana Laborers Pension Fund)(Myers, Danielle) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #63 Proposed Order was reviewed and approved as to form. (dt) |
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Filing 61
ORDER FOR ADMISSION PRO HAC VICE OF SARA B. POLYCHRON granting #59 Motion for Sara B. Polychron to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 11/22/2019) (mml)
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| Filing 60 REPLY MEMORANDUM OF LAW in Support re: #52 MOTION for Reconsideration re: 51 Order & Opinion to Appoint Lead Plaintiff(s). . Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Attachments: #1 Exhibit Pension Fund's Endangered Certification, #2 Exhibit Pension Fund's Critical Certification, #3 Exhibit Pension Fund's Annual Summary, #4 Exhibit Welfare Fund's Annual Report)(Twersky, Mitchell) |
| Filing 59 MOTION for Sara B. Polychron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18116543. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Affidavit Declaration of Sara B. Polychron in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certification of Good Standing, #3 Text of Proposed Order)(Polychron, Sara) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #59 MOTION for Sara B. Polychron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18116543. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 58 MEMORANDUM OF LAW in Opposition re: #52 MOTION for Reconsideration re: 51 Order & Opinion to Appoint Lead Plaintiff(s). . Document filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Exhibit 1 - Reply Declaration filed in Carvelli v. Ocwen Fin. Corp., #2 Exhibit 2 - Declaration filed in Utesch v. Lannett Co., Inc.)(Myers, Danielle) |
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Filing 57
STIPULATION AND ORDER: NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel, subject to the approval of the Court, as follows: 1. The action captioned City of Livonia Retiree Health and Disability Benefits Plan v. Diebold Nixdorf, Inc., et al., Case No. 1:19-cv-10528-UA (S.D.N.Y.) is consolidated with and into Karp v. Diebold Nixdorf, Inc. et al., Case No. l:l9-cv-06180-LAP (S.D.N.Y.) for all purposes pursuant to Fed. R. Civ. P. 42(a). 2. Lead Plaintiff shall file and serve the consolidated and/or amended complaint (the "Complaint") by January 10, 2020.3. Defendants shall move to dismiss, answer or otherwise respond to the Complaint by March 10, 2020. 4. If the Defendants move to dismiss the Complaint, Lead Plaintiff shall file the opposition to such motion by April 24, 2020. 5. Defendants' reply in support of any motion to dismiss the Complaint shall be filed by May 15, 2020. 6. The agreements set forth herein do not waive any party's objections, motions, arguments, or defenses, and all parties expressly reserve all such rights and defenses. SO ORDERED. Christopher A. Chapman answer due 3/10/2020; Diebold Nixdorf, Incorporated answer due 3/10/2020; Andreas W. Mattes answer due 3/10/2020. (Amended Pleadings due by 1/10/2020., Motions due by 3/10/2020., Responses due by 4/24/2020, Replies due by 5/15/2020.) (Signed by Judge Loretta A. Preska on 11/15/2019) (jca)
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| Filing 56 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes. (Scott, Jeffrey) Proposed Order to be reviewed by Clerk's Office staff. Modified on 11/15/2019 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jeffrey Scott to RE-FILE Document #56 Proposed Order. Use the event type Other Filings, Proposed Orders, Proposed Stipulation and Order. The stipulation also needs to have handwritten signatures of the attorneys. (km) |
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Filing 55
ORDER: Pursuant to Local Civil Rules 6.1 and 6.3, the Indiana Movants shall respond to the Motion for Reconsideration filed by the UPR/Detroit Movants on November 13, 2019 (see dkt. nos. 52-54) by no later than November 20, 2019. The UPR/Detroit Movants shall file any reply papers within two days after service of the Indiana Movants' response. SO ORDERED. (Responses due by 11/20/2019.) (Signed by Judge Loretta A. Preska on 11/14/2019) (mml)
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| Filing 54 MEMORANDUM OF LAW in Support re: #52 MOTION for Reconsideration re: 51 Order & Opinion to Appoint Lead Plaintiff(s). . Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Twersky, Mitchell) |
| Filing 53 DECLARATION of Mitchell M.Z. Twersky in Support re: #52 MOTION for Reconsideration re: 51 Order & Opinion to Appoint Lead Plaintiff(s).. Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Attachments: #1 Exhibit Perez Declaration, #2 Exhibit BRF Order, #3 Exhibit BRF Reply)(Twersky, Mitchell) |
| Filing 52 MOTION for Reconsideration re: 51 Order & Opinion to Appoint Lead Plaintiff(s). Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System.(Twersky, Mitchell) |
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Filing 51
OPINION & ORDER re: (14 in 1:19-cv-06180-LAP) MOTION to Consolidate Cases 1:19-cv-06180 and 1:19-cv-06514 , MOTION to Appoint UNIVERSITY OF PUERTO RICO RETIREMENT SYSTEM and GENERAL RETIREMENT SYSTEM OF THE CITY OF DETROIT to serve as lead plaintiff(s) , MOTION to Appoint Counsel filed by University of Puerto Rico Retirement System, General Retirement System of the City of Detroit, (17 in 1:19-cv-06180-LAP) MOTION to Consolidate Cases 1:19-cv-06514 NOTICE OF MOTION AND MOTION OF MANOJ ARORA AND NEELAM ARORA FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL filed by Neelam Arora, Manoj Arora. For the aforementioned reasons, the motions to consolidate the SDNY Actions (dkt. nos. 14, 17) are granted, the Indiana Movants are appointed lead plaintiff, and the Indiana Movants' selected lead counsel is approved. The SDNY Actions will be consolidated into a single action, captioned Karp, et al. v. Diebold Nixdorf, Inc., et al., No. 19-cv-06180 (LAP). (Signed by Judge Loretta A. Preska on 10/30/2019) (mml)
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| Filing 50 LETTER addressed to Judge Loretta A. Preska from W. Scott Holleman dated October 17, 2019 re: Filings in Ohio Action. Document filed by Manoj Arora, Neelam Arora. (Attachments: #1 Exhibit 1 Response to Competing Motions For Appointment As Lead Plaintiff)(Holleman, William) |
| Minute Entry for proceedings held before Judge Loretta A. Preska: Oral Argument held on 10/16/2019 re: (14 in 1:19-cv-06180-LAP, 14 in 1:19-cv-06180-LAP, 14 in 1:19-cv-06180-LAP) MOTION to Consolidate Cases 1:19-cv-06180 and 1:19-cv-06514 . MOTION to Appoint UNIVERSITY OF PUERTO RICO RETIREMENT SYSTEM and GENERAL RETIREMENT SYSTEM OF THE CITY OF DETROIT to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by University of Puerto Rico Retirement System, General Retirement System of the City of Detroit, (17 in 1:19-cv-06180-LAP) MOTION to Consolidate Cases 1:19-cv-06514 NOTICE OF MOTION AND MOTION OF MANOJ ARORA AND NEELAM ARORA FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. filed by Neelam Arora, Manoj Arora. Associated Cases: 1:19-cv-06180-LAP, 1:19-cv-06514-LAP(mph) |
| Filing 49 LETTER addressed to Judge Loretta A. Preska from Ian D. Berg dated October 16, 2019 re: UPR Retirement System's and Detroit GRS's Response and Reply Memorandums in the Action Pending in the Northern District of Ohio. Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Attachments: #1 Exhibit Response Memorandum, #2 Exhibit Reply Memorandum)(Berg, Ian) |
| Filing 48 NOTICE OF APPEARANCE by Christopher Chad Johnson on behalf of Indiana Laborers Pension and Welfare Funds. (Johnson, Christopher) |
| Filing 47 NOTICE OF APPEARANCE by William Scott Holleman on behalf of Manoj Arora, Neelam Arora. (Holleman, William) |
| Filing 46 NOTICE OF APPEARANCE by Virginia Ruth Hildreth on behalf of Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes. (Hildreth, Virginia) |
| Filing 45 NOTICE OF APPEARANCE by Jeffrey T. Scott on behalf of Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes. (Scott, Jeffrey) |
| Filing 44 NOTICE OF APPEARANCE by David Maxwell Rein on behalf of Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes. (Rein, David) |
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Filing 43
ORDER FOR ADMISSION PRO HAC VICE OF IAN D. BERG granting #42 Motion for Ian D. Berg to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 10/9/2019) (ks)
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| Filing 42 MOTION for Ian D. Berg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17728631. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Attachments: #1 Affidavit Affidavit of Ian D. Berg, #2 Exhibit Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Berg, Ian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Ian D. Berg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17728631. Motion and supporting papers to be reviewed by Clerk's Office staff The document has been reviewed and there are no deficiencies. (aea) |
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Filing 41
ORDER FOR ADMISSION PRO HAC VICE OF DANIELLE S. MYERS: granting #40 Motion for Danielle S. Myers to Appear Pro Hac Vice. IT IS SO ORDERED. (Signed by Judge Loretta A. Preska on 9/30/2019) (ama)
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| Filing 40 MOTION for Danielle S. Myers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17670598. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Affidavit, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Myers, Danielle) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for Danielle S. Myers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17670598. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 39
ORDER: Before the Court is the issue of appointing Lead Plaintiff in the above-captioned cases pursuant to the Private Securities Litigation Reform Act. 15 U.S.C. 78u-4. The parties shall appear in person before the Court for a conference on October 16, 2019 at 1:00 p.m. Counsel not located in New York may appear telephonically. In addition to the named parties, the Indiana Laborers Pension Fund and the Indiana Laborers Welfare Fund shall also appear before the Court at the same time. SO ORDERED. Status Conference set for 10/16/2019 at 01:00 PM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 9/25/2019) (mml)
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| Filing 38 LETTER addressed to Judge Loretta A. Preska from Mitchell M.Z. Twersky dated September 24, 2019 re: Opposition Filed by the Indiana Pension and Welfare Funds Group (re: ECF No. 31). Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System.(Twersky, Mitchell) |
| Filing 37 REPLY to Response to Motion re: #17 MOTION to Consolidate Cases 1:19-cv-06514 NOTICE OF MOTION AND MOTION OF MANOJ ARORA AND NEELAM ARORA FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. . Document filed by Manoj Arora, Neelam Arora. (Eagel, Lawrence) |
| Filing 36 RESPONSE to Motion re: #14 MOTION to Consolidate Cases 1:19-cv-06180 and 1:19-cv-06514 . MOTION to Appoint UNIVERSITY OF PUERTO RICO RETIREMENT SYSTEM and GENERAL RETIREMENT SYSTEM OF THE CITY OF DETROIT to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Consolidate Cases 1:19-cv-06514 NOTICE OF MOTION AND MOTION OF MANOJ ARORA AND NEELAM ARORA FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. . Document filed by Indiana Laborers Pension and Welfare Funds. (Rosenfeld, David) |
| Filing 35 NOTICE OF APPEARANCE by Mitchell M.Z. Twersky on behalf of General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Twersky, Mitchell) |
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Filing 34
ORDER FOR ADMISSION PRO HAC VICE granting #29 Motion for Joe Kendall to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned actions in the United States District Court for the Southern District of New York. All attorneys appearing before this court are subject to the Local Rules of this Court including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 9/18/2019) (mml) Modified on 11/5/2019 (mml).
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Filing 33
ORDER FOR ADMISSION PRO HAC VICE granting #27 Motion for Geoffrey J. Ritts to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant Geoffrey J. Ritts is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 9/18/2019) (mml)
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| Filing 32 LETTER addressed to Judge Loretta A. Preska from Joe Kendall dated September 18, 2019 re: Response to Letter and Joint Stipulation and [Proposed] Order (re: ECF No. 30). Document filed by Indiana Laborers Pension and Welfare Funds.(Rosenfeld, David) |
| Filing 31 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Consolidate Cases 1:19-cv-06180 and 1:19-cv-06514 . MOTION to Appoint UNIVERSITY OF PUERTO RICO RETIREMENT SYSTEM and GENERAL RETIREMENT SYSTEM OF THE CITY OF DETROIT to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Consolidate Cases 1:19-cv-06514 NOTICE OF MOTION AND MOTION OF MANOJ ARORA AND NEELAM ARORA FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. . Document filed by Indiana Laborers Pension and Welfare Funds. (Rosenfeld, David) |
| Filing 30 LETTER addressed to Judge Loretta A. Preska from Mitchell M.Z. Twersky dated September 17, 2019 re: Joint Stipulation. Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Attachments: #1 Joint Stipulation and [Proposed] Order)(Twersky, Mitchell) |
| Filing 29 MOTION for Joe Kendall to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Affidavit, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order)(Kendall, Elton) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joe Kendall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17613007. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Kendall, Elton) Modified on 9/17/2019 (wb). |
| Filing 27 MOTION for Geoffrey J. Ritts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17612755. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes. (Attachments: #1 Exhibit A - Affidavit of Geoffrey J. Ritts, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Proposed order for admission pro hac vice)(Ritts, Geoffrey) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Geoffrey J. Ritts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17612755. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 MOTION for Joe Kendall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17613007. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Joe Kendall to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 26 NOTICE of of Corrected Exhibit re: #18 Memorandum of Law in Support of Motion, #20 Declaration in Support of Motion, #17 MOTION to Consolidate Cases 1:19-cv-06514 NOTICE OF MOTION AND MOTION OF MANOJ ARORA AND NEELAM ARORA FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL.. Document filed by Manoj Arora, Neelam Arora. (Attachments: #1 Exhibit B Loss Charts)(Eagel, Lawrence) |
| Filing 25 NOTICE OF APPEARANCE by David Avi Rosenfeld on behalf of Indiana Laborers Pension and Welfare Funds. (Rosenfeld, David) |
| Filing 24 LETTER addressed to Judge Loretta A. Preska from Joe Kendall dated 9/13/19 re: Response to 9/5/19 letter. Document filed by Indiana Laborers Pension and Welfare Funds.(Rosenfeld, David) |
| Filing 23 LETTER addressed to Judge Loretta A. Preska from Geoffrey J. Ritts dated September 6, 2019 re: appointment of lead plaintiff and approval of lead counsel. Document filed by Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes. (Attachments: #1 Exhibit Motion papers filed in Ohio)(Yadava, Nidhi) |
| Filing 22 LETTER addressed to Judge Loretta A. Preska from Mitchell M.Z. Twersky dated September 5, 2019 re: Movant Losses. Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System.(Twersky, Mitchell) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (km) |
| Filing 21 PROPOSED ORDER. Document filed by Manoj Arora, Neelam Arora. Related Document Number: [ECF No. 17]. (Eagel, Lawrence) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 20 DECLARATION of Lawrence P. Eagle in Support re: #17 MOTION to Consolidate Cases 1:19-cv-06514 NOTICE OF MOTION AND MOTION OF MANOJ ARORA AND NEELAM ARORA FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL.. Document filed by Manoj Arora, Neelam Arora. (Attachments: #1 Exhibit A Certifications, #2 Exhibit B Movant Loss Charts, #3 Exhibit C Press Release, #4 Exhibit D Firm Resume)(Eagel, Lawrence) |
| Filing 19 NOTICE of Filing. Document filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Exhibit 1 - Motion Filed in N.D. Ohio, #2 Exhibit 2 - City of Livonia Complaint (N.D. Ohio))(Rosenfeld, David) |
| Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Consolidate Cases 1:19-cv-06514 NOTICE OF MOTION AND MOTION OF MANOJ ARORA AND NEELAM ARORA FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. . Document filed by Manoj Arora, Neelam Arora. (Eagel, Lawrence) |
| Filing 17 MOTION to Consolidate Cases 1:19-cv-06514 NOTICE OF MOTION AND MOTION OF MANOJ ARORA AND NEELAM ARORA FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. Document filed by Manoj Arora, Neelam Arora.(Eagel, Lawrence) |
| Filing 16 DECLARATION of Mitchell M.Z. Twersky in Support re: #14 MOTION to Consolidate Cases 1:19-cv-06180 and 1:19-cv-06514 . MOTION to Appoint UNIVERSITY OF PUERTO RICO RETIREMENT SYSTEM and GENERAL RETIREMENT SYSTEM OF THE CITY OF DETROIT to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3, #4 Exhibit #4, #5 Exhibit #5, #6 Exhibit #6)(Twersky, Mitchell) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Consolidate Cases 1:19-cv-06180 and 1:19-cv-06514 . MOTION to Appoint UNIVERSITY OF PUERTO RICO RETIREMENT SYSTEM and GENERAL RETIREMENT SYSTEM OF THE CITY OF DETROIT to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Twersky, Mitchell) |
| Filing 14 MOTION to Consolidate Cases 1:19-cv-06180 and 1:19-cv-06514 ., MOTION to Appoint UNIVERSITY OF PUERTO RICO RETIREMENT SYSTEM and GENERAL RETIREMENT SYSTEM OF THE CITY OF DETROIT to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by University of Puerto Rico Retirement System, General Retirement System of the City of Detroit. (Attachments: #1 Text of Proposed Order)(Twersky, Mitchell) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock, Inc, Other Affiliate GAMCO Investors, Inc. for Diebold Nixdorf, Incorporated. Document filed by Diebold Nixdorf, Incorporated.(Yadava, Nidhi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Nidhi Yadava to RE-FILE Document #10 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer. 1-5 are SO ORDERED. (Signed by Judge Loretta A. Preska on 8/8/2019) (mml)
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| Filing 11 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Loretta A. Preska from Nina Yadava dated August 7, 2019. Document filed by Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes.(Yadava, Nidhi) |
| Filing 10 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Diebold Nixdorf, Incorporated.(Yadava, Nidhi) Modified on 8/13/2019 (ldi). |
| Filing 9 NOTICE OF APPEARANCE by Nidhi Yadava on behalf of Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes. (Yadava, Nidhi) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Andreas W. Mattes waiver sent on 7/19/2019, answer due 9/17/2019. Document filed by Selwyn Karp. (Lieberman, Jeremy) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Christopher A. Chapman waiver sent on 7/19/2019, answer due 9/17/2019. Document filed by Selwyn Karp. (Lieberman, Jeremy) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Diebold Nixdorf, Incorporated waiver sent on 7/19/2019, answer due 9/17/2019. Document filed by Selwyn Karp. (Lieberman, Jeremy) |
| Filing 5 NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of Selwyn Karp. (Hood, Joseph) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Selwyn Karp. The party information for the following party/parties has been modified: Selwyn Karp. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Magistrate Judge Katharine H. Parker 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Loretta A. Preska. 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) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Diebold Nixdorf, Incorporated, Andreas W. Mattes, and Christopher A. Chapman, re: #1 Complaint. Document filed by Selwyn Karp. (Lieberman, Jeremy) |
| Filing 2 CIVIL COVER SHEET filed. (Lieberman, Jeremy) |
| Filing 1 COMPLAINT against Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes. (Filing Fee $ 400.00, Receipt Number ANYSDC-17182184)Document filed by Selwyn Karp.(Lieberman, Jeremy) |
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