In re Pareteum Securities Litigation
Plaintiff: Kevin O'Brien, Marco Scaccia, Tri Doan, John Vargo, Jacob Friedman, Chang Lee, M.D., Keith M Moore, James A. Lisi, Kevin Ivkovich, Clarence Bassarath, Cynthia Soto, Robert E Whitley, Ajay Singh, Philip Cacioppo, Thinh Van Tran, Nicholas Steffey, Brian Bock, John Murphy, Laila Mansur, Richard Radford, NIKO HOLDING & INVESTMENT LIMITED, Reed Darley, Stephen D Jones, Paul Berger and Frederick Ruehr
Defendant: Victor Bozzo, Pareteum Corporation, Denis McCarthy, Edward O'Donnell, Yves Van Sante, Luis Jimenez-Tunon, Squar Milner, LLP, Robert Lippert, Rob Mumby and Laura Thomas
Alternative Dispute Resolution (Adr) Provider: Gateway Securities LLC
Cross Claimant: Dawson James Securities, Inc.
Cross Defendant: Robert H. Turner
Interested Party: Anthony M. Saccullo, as Liquidation Trustee for the TEUM Liquidating Trust
Case Number: 1:2019cv09767
Filed: October 22, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Securities/Commodities
Jury Demanded By: Both
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This docket was last retrieved on May 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2023 Opinion or Order Filing 293 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: This Court has jurisdiction over the subject matter of the Action and over all Parties to the Action, including Settlement Class Members. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby approves the Settlement and finds that said Settlement is, in all respects, fair, reasonable, adequate to, and in the best interests of the Lead Plaintiffs, the Released Plaintiffs' Parties, and each of the Settlement Class Members. This Court further finds the Settlement is the result of arm' s-length negotiations between experienced counsel representing the interests of the Lead Plaintiff, the Released Plaintiffs' Parties, the Settlement Class Members, the Individual Defendants, and Defendant Squar Milner. Lead Plaintiffs and Lead Counsel have fairly and adequately represented the Settlement Class both in terms of litigating the Action and for purposes of entering into and implementing the Settlement and have satisfied the requirements of Federal Rules of Civil Procedure 23(a)( 4) and 23(g), respectively. Accordingly, the Settlement is hereby approved in all respects and shall be consummated in accordance with its terms and provisions. The Settling Parties are hereby directed to perform the Stipulations. The limited Objection of the Liquidation Trustee for the Teum Liquidation Trust (ECF No. 284) is overruled. The Action and all claims contained therein, as well as all the Settled Claims, are dismissed with prejudice as against each and all of the Released Defendants' Parties, including Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner, and Squar Milner LLP. Lead Plaintiff, the Released Plaintiffs' Parties, and the Settlement Class will not make applications against any of Released Defendants' Parties, and Released Defendants will not make applications against the Lead Plaintiff or the Released Plaintiffs' Parties for fees, costs, or sanctions pursuant to Rule 11, Rule 37, Rule 45 or any other court rule or statute, with respect to any claims or defenses in this Action or to any aspect of the institution, prosecution, or defense of this Action. Upon the Effective Date, Lead Plaintiff, the Released Plaintiffs' Parties, and each of the Settlement Class Members shall be deemed to have, and by operation of this Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims (including Unknown Claims) as against the Released Defendants' Parties, whether or not such Settlement Class Member executes and delivers a Claim Form or participates in the Settlement Fund. Upon the Effective Date, all Settlement Class Members (including Lead Plaintiff) and anyone claiming through or on behalf of any of them, except any Person who has validly and timely requested exclusion from the Settlement Class, will be forever barred and enjoined from commencing, instituting, intervening in or participating in, prosecuting, or continuing to prosecute any action or other proceeding in any court of law or equity, arbitration tribunal, administrative forum, or other forum of any kind or character (whether brought directly, in a representative capacity, derivatively, or in any other capacity) asserting any of the Released Claims against any of the Released Defendants' Parties. Upon the Effective Date, each of the Released Defendants' Parties shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged the Lead Plaintiff, the Released Plaintiffs' Parties, each and all of the Settlement Class Members, and Plaintiffs' Counsel from all claims whatsoever arising out of, relating to, or in connection with the investigation, institution, prosecution, assertion, settlement, or resolution of the Action or the Released Claims, except for those claims brought to enforce the Settlement. Upon the Effective Date, any and all claims for contribution, however denominated, arising out of or related in any way to the Action: (a) by any person or entity against any Released Defendants' Parties; or (b) by any Released Defendants' Parties against any person or entity, other than a person or entity whose liability to the Settlement Class has been extinguished pursuant to the Settlement, are permanently barred, enjoined and finally discharged to the fullest extent provided 15 U.S.C. 78u4(f)(7) and any other applicable law or regulation (the "Bar Order"). Nothing herein is intended to broaden the language of the PSLRA. Neither any objection to this Court's approval of the Plan of Allocation submitted by Lead Counsel nor to any portion of this order regarding the Attorneys' Fee and Expense Application shall in any way disturb or affect the finality of this Judgment. Neither the Stipulations, nor the Settlement, nor any of their terms or provisions, nor any act performed or document executed pursuant to or in furtherance of them, nor any of the in the Action, or of any alleged wrongdoing, liability, negligence, or fault of any Released Defendants' Parties; or (b) is or may be deemed to be or may be used as an admission, concession or evidence of, any fault or misrepresentation or omission of, including with respect to any statement or written document attributed to, approved or made by, any of the Released Defendants' Parties in any civil, criminal, administrative, or other proceeding before any court, administrative agency, arbitration tribunal, or other body. Any of the Released Defendants' Parties may file the Stipulations and/or the Judgment in any other action or other proceeding that may be brought against them in order to support a defense, argument, or counterclaim based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue preclusion or similar defense, argument, or counterclaim. negotiations or proceedings connected with them: (a) is or may be deemed to be or may be used as an admission of, concession or evidence of, the validity of any Released Claim, the truth of any fact alleged in the Action, the deficiency of any defense that has been or could have been asserted in the Action, or of any alleged wrongdoing, liability, negligence, or fault of any Released Defendants' Parties; or (b) is or may be deemed to be or may be used as an admission, concession or evidence of, any fault or misrepresentation or omission of, including with respect to any statement or written document attributed to, approved or made by, any of the Released Defendants' Parties in any civil, criminal, administrative, or other proceeding before any court, administrative agency, arbitration tribunal, or other body. Any of the Released Defendants' Parties may file the Stipulations and/or the Judgment in any other action or other proceeding that may be brought against them in order to support a defense, argument, or counterclaim based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue preclusion or similar defense, argument, or counterclaim. Without affecting the finality of this Judgment in any way, this Court hereby retains continuing jurisdiction over: (a) implementation of this Settlement; (b) disposition of the Settlement Fund; and (c) all Settling Parties hereto for the purpose of construing, enforcing, and administering the Stipulations and this Judgment. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil Procedure, the Court finds and concludes that due and adequate notice was directed to all Settlement Class Members advising them: (a) that Lead Counsel would seek an award of attorneys' fees of up to thirty percent (30%) of the Settlement Fund on behalf of Plaintiffs' Counsel, and reimbursement of expenses incurred in connection with the prosecution of the Action not to exceed $425,000; and (b) that Settlement Class Members had a right to object to such application(s). A full and fair opportunity was given to all Persons who are Settlement Class Members to be heard with respect to the application for the award of attorneys' fees and expenses. The Court finds and concludes that the requested fee award is reasonable and awards attorneys' fees to Lead Counsel of 30% percent of the Settlement Fund($1,695,000.00), plus accrued interest, plus reimbursement of expenses to Lead Counsel in the amount of $422,214.12, plus accrued interest, both to be paid from the Settlement Fund pursuant to the Stipulation, after an initial distribution is made from the Settlement Fund to Authorized Claimants. Out of Lead Counsel's attorneys' fee award, Counsel for Loskot is awarded $70,000.00 in attorneys' fees, plus accrued interest. Plaintiff Sabby will pay or cause to be paid an additional $30,000.00 to Counsel for Loskot, plus accrued interest. There is no just reason for delay in the entry of this Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Alvin K. Hellerstein on 5/3/23) (yv)
May 3, 2023 Opinion or Order Case Stay Lifted. (yv)
May 3, 2023 Opinion or Order Transmission to Finance Unit (Cashiers). Transmitted re: #293 Judgment, to the Finance Unit (Cashiers) for case processing.(yv)
April 27, 2023 Opinion or Order Filing 292 PROPOSED ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. Related Document Number: [279, 281]..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
April 27, 2023 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #292 Proposed Order was reviewed and approved as to form. (km)
April 24, 2023 Opinion or Order Filing 291 ORDER FOR ADMISSION PRO HAC VICE granting #289 Motion for Brett M. Amron to Appear Pro Hac Vice. The Motion of Brett M. Amron, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court of 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 Alvin K. Hellerstein on 4/24/23) (yv)
April 21, 2023 Opinion or Order Filing 290 PROPOSED ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. Related Document Number: #281 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
April 21, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #289 MOTION for Brett M. Amron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27635911. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
April 21, 2023 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #290 Proposed Order was reviewed and approved as to form. (km)
April 20, 2023 Opinion or Order Filing 289 MOTION for Brett M. Amron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27635911. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony M. Saccullo, as Liquidation Trustee for the TEUM Liquidating Trust. (Attachments: #1 Affidavit Affidavit of Brett M. Amron, Esq. In Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order [Proposed] Order for Admission Pro Hac Vice).(Amron, Brett)
April 18, 2023 Opinion or Order Filing 288 DECLARATION of Kim E. Miller in Support re: #281 MOTION for Attorney Fees and Expenses., #279 MOTION for Settlement Final Approval of Class Action Settlement.. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit A - Order appointing wind-down officer, #2 Exhibit B - Motion for comfort order, #3 Exhibit C - Prelim approval hearing transcript, #4 Exhibit D - Objection to motion for comfort order, #5 Exhibit E - Reply in further support of motion for comfort order, #6 Exhibit F - Supp objection to motion for comfort order, #7 Exhibit G - Supp. brief in support of motion for comfort order, #8 Exhibit H - Transcript of motion for comfort order hearing, #9 Exhibit I - Comfort order, #10 Exhibit J - Side A policy, #11 Exhibit K - Pls' submission to mediator, #12 Exhibit L - Counsel for Loskot's submission to mediator, #13 Exhibit M - Pls' reply submission to mediator, #14 Exhibit N - Counsel for Loskot's reply submission to mediator, #15 Exhibit O - Mediator fee allocation decision).(Miller, Kim)
April 18, 2023 Opinion or Order Filing 287 REPLY MEMORANDUM OF LAW in Support re: #281 MOTION for Attorney Fees and Expenses., #279 MOTION for Settlement Final Approval of Class Action Settlement. . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
April 18, 2023 Opinion or Order Filing 286 DECLARATION of Margery Craig re: #275 Order, Set Deadlines/Hearings,,,,,,,, Supplemental Declaration of Margery Craig Concerning: (A) Mailing of the Postcard Notice; and (B) Report on Claims Received to Date and Requests for Exclusion and Objections. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
April 18, 2023 Opinion or Order Filing 285 REPLY MEMORANDUM OF LAW in Support re: #279 MOTION for Settlement Final Approval of Class Action Settlement. . Document filed by Victor Bozzo, Denis McCarthy, Rob Mumby, Edward O'Donnell, Robert H. Turner, Yves Van Sante..(Greene, Douglas)
April 3, 2023 Opinion or Order Filing 284 RESPONSE in Opposition to Motion re: #279 MOTION for Settlement Final Approval of Class Action Settlement. . Document filed by Anthony M. Saccullo, as Liquidation Trustee for the TEUM Liquidating Trust. (Attachments: #1 Exhibit A (Relevant Transcript Excerpts), #2 Exhibit B (Complaint in D&O Adversary), #3 Exhibit C (Side A Policy with Endorsements)).(Leggett, Jaime)
March 24, 2023 Opinion or Order Filing 283 DECLARATION of Kim E. Miller in Support re: #281 MOTION for Attorney Fees and Expenses., #279 MOTION for Settlement Final Approval of Class Action Settlement.. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit A - KSF Firm Resume, #2 Exhibit B - Prelim. Approval Hrg. Transcript).(Miller, Kim)
March 24, 2023 Opinion or Order Filing 282 MEMORANDUM OF LAW in Support re: #281 MOTION for Attorney Fees and Expenses. . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
March 24, 2023 Opinion or Order Filing 281 MOTION for Attorney Fees and Expenses. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
March 24, 2023 Opinion or Order Filing 280 MEMORANDUM OF LAW in Support re: #279 MOTION for Settlement Final Approval of Class Action Settlement. . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
March 24, 2023 Opinion or Order Filing 279 MOTION for Settlement Final Approval of Class Action Settlement. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
January 19, 2023 Opinion or Order Filing 278 DECLARATION of Margery Craig CONCERNING: (A) MAILING OF THE POSTCARD NOTICE; (B) PUBLICATION OF THE SUMMARY NOTICE; AND (C) REPORT ON REQUESTS FOR EXCLUSION AND OBJECTIONS. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit A - Postcard Notice, #2 Exhibit B - Sample Nominee Letter, #3 Exhibit C - Notice and Claim, #4 Exhibit D - Confirmations of Publication, #5 Exhibit E - Deficient Exclusion Request).(Miller, Kim)
December 23, 2022 Opinion or Order Filing 277 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/12/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH.(McGuirk, Kelly)
December 23, 2022 Opinion or Order Filing 276 TRANSCRIPT of Proceedings re: HEARING held on 10/12/2022 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Amy Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/23/2023.Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH.(McGuirk, Kelly)
December 20, 2022 Opinion or Order Filing 275 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE OF PENDENCY: This Court, having reviewed and considered the Settling Parties' Stipulations of Settlement dated July 14, 2022 and September 7, 2022 and their Amended Stipulations of Settlement dated October 25, 2022, and Plaintiffs' motion for an order preliminarily approving the Settlement, ORDERS: As set forth herein. The Settlement Fairness Hearing shall be held before this Court on April 25, 2023 at 10:30 a.m., at the united States District Court for the Southern District of New York, 500 Pearl Street, Courtroom 14D, New York, NY 10007. The following schedule of dates shall govern the resolution of this Settlement: as set forth herein.SO ORDERED., ( Fairness Hearing set for 4/25/2023 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/20/2022) Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH (ama)
December 20, 2022 Opinion or Order Terminate Transcript Deadlines Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH(ama)
December 16, 2022 Opinion or Order Filing 274 SETTLEMENT AGREEMENT Amended Stipulation of Settlement. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit A - Proposed preliminary approval order, #2 Exhibit A-1 - Long-form notice, #3 Exhibit A-2 - Proof of Claim, #4 Exhibit A-3 - Summary Notice, #5 Exhibit A-4 - Postcard Notice, #6 Exhibit B - Proposed final judgment).(Miller, Kim)
December 16, 2022 Opinion or Order Filing 273 SETTLEMENT AGREEMENT Amended Stipulation of Settlement. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit A - Proposed preliminary approval order, #2 Exhibit A-1 - Long-form notice, #3 Exhibit A-2 - Proof of Claim, #4 Exhibit A-3 - Summary Notice, #5 Exhibit A-4 - Postcard Notice, #6 Exhibit B - Proposed final judgment).(Miller, Kim)
December 16, 2022 Opinion or Order Filing 272 LETTER addressed to Judge Alvin K. Hellerstein from Kim E. Miller dated December 16, 2022 re: entry of Comfort Order and revision of Settlement documents. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit Comfort Order, #2 Exhibit Redline of Indiv Defs' Stipulation, #3 Exhibit Redline of Squar Milner Stipulation, #4 Exhibit Redline of proposed preliminary approval order, #5 Exhibit Redline of long-form notice, #6 Exhibit Redline of proposed final approval order, #7 Exhibit Proposed preliminary approval order).(Miller, Kim)
November 15, 2022 Opinion or Order Filing 271 MEMO ENDORSEMENT on re: #270 Letter, filed by Nicholas Steffey, Stephen D Jones, Kevin Ivkovich, Keith M Moore, Robert E Whitley. ENDORSEMENT: Accepted for filing. (Signed by Judge Alvin K. Hellerstein on 11/15/2022) (rro)
November 14, 2022 Opinion or Order Filing 270 LETTER addressed to Judge Alvin K. Hellerstein from Kim E. Miller dated November 14, 2022 re: status of pending motion for Comfort Order in Pareteum's bankruptcy proceedings. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
September 21, 2022 Opinion or Order Filing 269 SCHEDULING ORDER: The parties are hereby ordered to appear for a preliminary settlement approval hearing on October 12, 2022, at 3:00 p.m., in Courtroom 14D. No later than October 5, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. Settlement Conference set for 10/12/2022 at 03:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 9/21/2022) (jca)
September 7, 2022 Opinion or Order Filing 268 SETTLEMENT AGREEMENT . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
September 7, 2022 Opinion or Order Filing 267 MEMORANDUM OF LAW in Support re: #266 MOTION to Approve Class Action Settlement . . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
September 7, 2022 Opinion or Order Filing 266 MOTION to Approve Class Action Settlement . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
September 7, 2022 Opinion or Order Filing 265 SETTLEMENT AGREEMENT . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit A-1 - Notice of Pendency, #3 Exhibit A-2 - Proof of Claim, #4 Exhibit A-3 - Summary Notice, #5 Exhibit A-4 - Postcard Notice, #6 Exhibit B - Final Judgment).(Miller, Kim)
September 7, 2022 Opinion or Order Filing 264 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
September 1, 2022 Opinion or Order Filing 263 ORDER REGULATING PROCEEDINGS, In light of the settlement and the impending motion for preliminary approval of settlement, the status conference scheduled for September 13, 2022 is canceled. A subsequent order will provide for further proceedings after the motion has been filed and reviewed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/1/22) (yv)
August 29, 2022 Opinion or Order Filing 262 ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL granting (260) Motion to Withdraw as Attorney. It is HEREBY ORDERED THAT David A. Rosenfeld of Robbins Geller Rudman & Dowd LLP is hereby withdrawn as counsel of record. The Clerk of the Court is directed to remove the above-named attorney and law firm from the docket as well as the ECF Service List. IT IS SO ORDERED. (Attorney David Avi Rosenfeld terminated in case 1:19-cv-09767-AKH.) (Signed by Judge Alvin K. Hellerstein on 8/29/22) Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH (yv)
August 23, 2022 Opinion or Order Filing 261 PROPOSED ORDER. Document filed by Clarence Bassarath, James A. Lisi. Related Document Number: #260 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff.
August 23, 2022 Opinion or Order Filing 260 MOTION for David A. Rosenfeld to Withdraw as Attorney . Document filed by Clarence Bassarath, James A. Lisi..(Rosenfeld, David)
August 23, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #261 Proposed Order was reviewed and approved as to form. (tp)
August 19, 2022 Opinion or Order Filing 259 MEMO ENDORSEMENT on re: #258 Letter settlement filed by Nicholas Steffey, Stephen D Jones, Kevin Ivkovich, Keith M Moore, Robert E Whitley. ENDORSEMENT: The requests are granted. The case shall proceed as the parties suggest. So ordered., ( Motions due by 9/7/2022.) (Signed by Judge Alvin K. Hellerstein on 8/19/22) (yv)
August 17, 2022 Opinion or Order Filing 258 LETTER addressed to Judge Alvin K. Hellerstein from Kim E. Miller dated August 17, 2022 re: settlement. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
July 21, 2022 Opinion or Order Filing 257 STIPULATION AND ORDER DISMISSING DAWSON JAMES SECURITIES, INC. WITHOUT PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a)(2), Dawson James is hereby dismissed from the action without prejudice. All parties to bear their own attorneys' fees and costs. Pursuant to the foregoing stipulation and agreement, Plaintiffs hereby request that the Court enter this Stipulation and Proposed Order and GRANT Dawson James's stipulated dismissal without prejudice. Pursuant to Stipulation, IT IS SO ORDERED. (Dawson James Securities, Inc. terminated.) (Signed by Judge Alvin K. Hellerstein on 7/21/2022) (rro)
July 12, 2022 Opinion or Order Filing 256 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/1/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
July 12, 2022 Opinion or Order Filing 255 TRANSCRIPT of Proceedings re: CONFERNECE held on 6/1/2022 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2022. Redacted Transcript Deadline set for 8/12/2022. Release of Transcript Restriction set for 10/11/2022..(McGuirk, Kelly)
July 11, 2022 Opinion or Order Filing 254 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
June 21, 2022 Opinion or Order Filing 253 MEMO ENDORSEMENT on re: #250 Letter, filed by Nicholas Steffey, Stephen D Jones, Kevin Ivkovich, Keith M Moore, Robert E Whitley. ENDORSEMENT: The request is denied. I do not accept letter motions. The parties shall submit a single joint letter that complies Rule 2E of my Individual Rules. The Clerk shall terminate ECF No. 250. So ordered. (Signed by Judge Alvin K. Hellerstein on 6/21/2022) (mml)
June 20, 2022 Opinion or Order Filing 252 LETTER addressed to Judge Alvin K. Hellerstein from Kim E. Miller dated June 20, 2022 re: ECF No. 251, Dawson James' Opposition to Plaintiffs' Request for Extension of Time to Complete Traceability Production. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
June 20, 2022 Opinion or Order Filing 251 LETTER addressed to Judge Alvin K. Hellerstein from Brittany Sokoloff dated June 20, 2022 re: Doc. 250, Plaintiffs' Letter Requesting Extension of Time to Complete Traceability Production. Document filed by Dawson James Securities, Inc.. (Attachments: #1 Exhibit Exhibit 1, Excerpt from 10-29-20 Hrg. Tr., #2 Exhibit Exhibit 2, Excerpt from 10-06-21 Hrg. Tr.).(Sokoloff, Brittany)
June 17, 2022 Opinion or Order Filing 250 LETTER addressed to Judge Alvin K. Hellerstein from Kim E. Miller dated June 17, 2022 re: Request for Extension of Time to Complete Traceability Production. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
June 1, 2022 Opinion or Order Filing 249 POST-CONFERENCE ORDER: On June 1, 2022 I held a status conference will all parties in the three above captioned cases. In light of the ongoing bankruptcy proceedings, the proceedings in In re Pareteum Securities Litigation (19 Civ. 9767) and Sabby Volatility Warrant Master Fund Ltd v. Pareteum Corporation, et al. (19 Civ. 10460) will proceed against all defendants other than Pareteum Corporation. The proceedings in In re Pareteum Corporation Stockholder Derivative Litigation (20 Civ. 6264) will remain stayed, subject to the orders of the orders of the bankruptcy judge and of this judge following advice from the Bankruptcy Court. The following schedule will apply for the proceedings in 19 Civ. 9767 and 19 Civ. 10460: June 8, 2022 -Plaintiff in 19 Civ. 10460 to make Rule 33 and Rule 34 requests that are not already covered by the class plaintiffs' requests in 19 Civ. 9767; June 17, 2022-Production by the 19 Civ. 9767 parties related to traceability to be completed; July 13, 2022 -All defendants' document production and responses to Rule 33 requests to be completed, with any withheld documents to be identified in a privilege log; September 5, 2022 -Fact depositions of at least five deponents to be completed; September 13, 2022 at 2:30 p.m. - Status conference with all parties to take place in Courtroom 14D, 500 Pearl Street, New York, NY. The schedules for class certification and expert discovery will be determined at a later date. In advance of the September 13, 2022 status conference, counsel for Lead Plaintiff in 19 Civ. 9767 will elicit the views of all other counsel and file, in a single letter, a summary of the status of the cases and a proposed agenda for further proceedings. Counsel for Lead Plaintiff in 19 Civ. 9767 shall also file a separate letter that sets forth a list of all counsel expected to appear on the record for each party. Those letters are due by September 9, 2022. ( Deposition due by 9/5/2022.), ( Status Conference set for 9/13/2022 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/1/2022) Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH (ate)
June 1, 2022 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 6/1/2022, ( Status Conference set for 9/13/2022 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Paula Horovitz) Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH(Jones, Brigitte)
May 30, 2022 Opinion or Order Filing 248 LETTER addressed to Judge Alvin K. Hellerstein from Kim E. Miller dated May 30, 2022 re: status conference. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
May 27, 2022 Opinion or Order Filing 247 LETTER addressed to Judge Alvin K. Hellerstein from Kim E. Miller dated May 27, 2022 re: status conference. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
May 24, 2022 Opinion or Order Filing 246 ORDER, The status conference scheduled for June 1, 2022 at 2:30 p.m. is rescheduled to June 1, 2022 at 1:30 p.m. The conference will take place in Courtroom 14D, 500 Pearl Street, New York, NY 10007. SO ORDERED. ( Status Conference set for 6/1/2022 at 01:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/24/22) (yv)
May 20, 2022 Opinion or Order Filing 245 ORDER REGULATING PROCEEDINGS, The status conference scheduled for May 25, 2022 is adjourned to June 1, 2022 at 2:30 p.m. and will take place in Courtroom 14D, 500 Pearl Street, New York, NY. No later than May 30, 2022 at 12:00 p.m. the parties shall submit a letter providing a list of all counsel expected to appear on the record. For purposes of coordination, counsel for Pareteum shall attend the conference. Lead counsel for Plaintiffs in In re Pareteum Securities Litigation shall file a letter providing an update on the status of the case and a proposed agenda for the June 1 status conference going forward against the defendants other than Pareteum. Separately, lead counsel for Plaintiffs in In re Pareteum Corporation Stockholder Derivative Litigation shall file a letter by May 27, 2022 providing a recommendation as to further proceedings in the derivative litigation. Defendants are also invited to file their recommendations for further proceedings by May 27, 2022. SO ORDERED. ( Status Conference set for 6/1/2022 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/20/22) (yv)
May 18, 2022 Opinion or Order Filing 244 SUGGESTION OF BANKRUPTCY upon the record United States Bankruptcy Court for the Southern District of New York, Case No. 22-10615. Document filed by Pareteum Corporation.(Foresta, Stephen)
May 17, 2022 Opinion or Order Filing 243 MEMO ENDORSEMENT on re: (62 in 1:19-cv-10460-AKH) Letter filed by Pareteum Corporation, (52 in 1:20-cv-06264-AKH) Letter filed by Pareteum Corporation, (242 in 1:19-cv-09767-AKH) Letter filed by Pareteum Corporation. ENDORSEMENT: The issue will be addressed at a conference to be held May 25, 2022 at 2:30pm. (Status Conference set for 5/25/2022 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/17/2022) (mml)
May 11, 2022 Opinion or Order Filing 242 LETTER addressed to Judge Alvin K. Hellerstein from Stephen G. Foresta dated May 11, 2022 re: Status Update. Document filed by Pareteum Corporation..(Foresta, Stephen)
May 6, 2022 Opinion or Order Filing 241 ORDER REGULATING PROCEEDINGS. The conference scheduled for May 6, 2022 is adjourned, sine die. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/6/22) (yv)
March 10, 2022 Opinion or Order Filing 240 NOTICE OF CHANGE OF ADDRESS by Brittany Hope Sokoloff on behalf of Dawson James Securities, Inc.. New Address: ArentFox Schiff LLP, 1301 Avenue of the Americas, 42nd Floor, New York, NY, US 10019, (212) 745-9555..(Sokoloff, Brittany)
February 10, 2022 Opinion or Order Filing 239 MEMO ENDORSED ORDER granting #237 Motion to Stay re: #237 MOTION to Stay Notice of Unopposed Motion for Stay., #238 MOTION to Stay Unopposed Motion to Stay. ; granting #238 Motion to Stay re: #237 MOTION to Stay Notice of Unopposed Motion for Stay., #238 MOTION to Stay Unopposed Motion to Stay. ENDORSEMENT: The request for a stay is granted. The parties shall report within 90 days on the status of the case. (Signed by Judge Alvin K. Hellerstein on 2/10/22) (yv)
February 4, 2022 Opinion or Order Filing 238 MOTION to Stay Unopposed Motion to Stay. Document filed by Pareteum Corporation..(Chapman, Jeffrey)
February 4, 2022 Opinion or Order Filing 237 MOTION to Stay Notice of Unopposed Motion for Stay. Document filed by Pareteum Corporation..(Chapman, Jeffrey)
January 26, 2022 Opinion or Order Filing 236 ORDER granting #235 Letter Motion for Leave to File Document. The request is granted. My order dated January 21, 2022 (ECF No. 234) is vacated. The schedule originally set forth in the Case Management Plan will govern resolution of Plaintiff's motion for class certification. The Clerk shall reopen ECF No. 226. So ordered. (Signed by Judge Alvin K. Hellerstein on 1/26/22) (yv)
January 26, 2022 Opinion or Order Filing 235 LETTER MOTION for Leave to File 222 Opposition to Motion for Class Certification addressed to Judge Alvin K. Hellerstein from Stephen G. Foresta dated January 25, 2022. Document filed by Pareteum Corporation..(Chapman, Jeffrey)
January 21, 2022 Opinion or Order Filing 234 Vacated as per Judges Order dated 01/26/2022, Doc. # 236 ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION granting #226 Motion to Certify Class. The Court ORDERS as follows: 1.The Motion is GRANTED. 2.The action is hereby certified to proceed as a class action pursuant to Rules 23(a)and (b)(3) of the Federal Rules of Civil Procedure. 3.PSIG, comprised of Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, and Robert E. Whitley, Jr., are hereby appointed as Class Representatives; and 4.Kahn Swick & Foti, LLC is hereby appointed as Class Counsel. IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/21/22) (yv) Modified on 1/26/2022 (yv).
December 13, 2021 Opinion or Order Filing 233 ORDER FOR ADMISSION PRO HAC VICE granting #232 Motion for Molly L. Wiltshire to Appear Pro Hac Vice. The Motion of Molly L. Wiltshire for admission to practice pro hac vice in the above-captions case is GRANTED. IT IS HEREBY ORDERED that Molly L. Wiltshire 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. SO ORDERED: (Signed by Judge Alvin K. Hellerstein on 12/13/21) (yv)
December 13, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #232 MOTION for Molly L. Wiltshire to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25451703. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
December 10, 2021 Opinion or Order Filing 232 MOTION for Molly L. Wiltshire to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25451703. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dawson James Securities, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Proposed Order).(Wiltshire, Molly L)
December 7, 2021 Opinion or Order Filing 231 ORDER OF WITHDRAWAL OF KAYVAN B. SADEGHI, ESQ. AS COUNSEL OF RECORD granting #230 Motion to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Kayvan B. Sadeghi, Esq. on behalf of defendant Dawson James Securities Inc., this Court orders that Kayvan B. Sadeghi, Esq. be withdrawn from this case, and further orders that Mr. Sadeghi be removed from the Court's electronic service list. SO ORDERED. Attorney Kayvan Betteridge Sadeghi terminated. (Signed by Judge Alvin K. Hellerstein on 12/7/2021) (vfr)
December 6, 2021 Opinion or Order Filing 230 MOTION for Kayvan B. Sadeghi to Withdraw as Attorney . Document filed by Dawson James Securities, Inc.. (Attachments: #1 Declaration, #2 Proposed Order).(Sokoloff, Brittany)
December 3, 2021 Opinion or Order Filing 229 NOTICE OF APPEARANCE by Brittany Hope Sokoloff on behalf of Dawson James Securities, Inc...(Sokoloff, Brittany)
December 1, 2021 Opinion or Order Filing 228 MEMORANDUM OF LAW in Support re: #226 MOTION to Certify Class . . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
December 1, 2021 Opinion or Order Filing 227 DECLARATION of Kim E. Miller in Support re: #226 MOTION to Certify Class .. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit Coffman Report, #2 Exhibit KSF Resume, #3 Exhibit Poser Declaration).(Miller, Kim)
December 1, 2021 Opinion or Order Filing 226 MOTION to Certify Class . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Text of Proposed Order).(Miller, Kim)
November 24, 2021 Opinion or Order Filing 225 NOTICE OF APPEARANCE by Erica Adina Barrow on behalf of Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner..(Barrow, Erica)
November 22, 2021 Opinion or Order Filing 224 MEMO ENDORSEMENT on re: #223 Proposed Order filed by Nicholas Steffey, Stephen D Jones, Kevin Ivkovich, Keith M Moore, Robert E Whitley. ENDORSEMENT: The parties' ESI Protocol is approved. So ordered. (Signed by Judge Alvin K. Hellerstein on 11/22/21) (yv)
November 15, 2021 Opinion or Order Filing 223 PROPOSED ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
November 15, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #223 Proposed Order was reviewed and approved as to form. (dt)
October 15, 2021 Opinion or Order Filing 222 JOINT RULE 26(f) REPORT AND CASE MANAGEMENT PLAN: The Case Is to Be Tried to a Jury. Amended Pleadings due by 10/31/2021. Joinder of Parties due by 10/31/2021. Discovery due by 9/30/2022. Case Management Conference set for 5/6/2022 at 02:30 PM before Judge Alvin K. Hellerstein. The proposed case management plan is approved. So ordered. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/15/21) (yv)
October 15, 2021 Opinion or Order Filing 221 MEMO ENDORSED ORDER granting #220 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. (Attorney Thomas Livezey Laughlin, IV terminated.) (Signed by Judge Alvin K. Hellerstein on 10/15/21) (yv)
October 14, 2021 Opinion or Order Filing 220 MOTION for Thomas L. Laughlin to Withdraw as Attorney . Document filed by Philip Cacioppo, Reed Darley..(Laughlin, Thomas)
October 13, 2021 Opinion or Order Filing 219 PROPOSED CASE MANAGEMENT PLAN. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
October 12, 2021 Opinion or Order Filing 218 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/6/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH.(Moya, Goretti)
October 12, 2021 Opinion or Order Filing 217 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/6/2021 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/2/2021. Redacted Transcript Deadline set for 11/12/2021. Release of Transcript Restriction set for 1/10/2022.Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH.(Moya, Goretti)
October 6, 2021 Opinion or Order Filing 216 ORDER FOR ADMISSION PRO HAC VICE granting #213 Motion for J. Ryan Lopatka 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 Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 10/6/2021) (va)
October 6, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #213 MOTION for J. Ryan Lopatka 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. (aea)
October 6, 2021 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 10/6/2021, ( Status Conference set for 5/6/2022 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Raquel Robles) Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH(Jones, Brigitte)
October 5, 2021 Opinion or Order Filing 215 NOTICE OF APPEARANCE by Jonathan Adam Forman on behalf of Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner..(Forman, Jonathan)
October 5, 2021 Opinion or Order Filing 214 PROPOSED CASE MANAGEMENT PLAN. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
October 5, 2021 Opinion or Order Filing 213 MOTION for J. Ryan Lopatka to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Affidavit, #3 Text of Proposed Order).(Lopatka, J.)
October 5, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #209 MOTION for J. Ryan Lopatka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25148010. 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 J. Ryan Lopatka; missing Proposed Order; Attorney Affidavit missing per local rule 1.3;. 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.. (bcu)
October 4, 2021 Opinion or Order Filing 212 ANSWER to #204 Crossclaim. Document filed by Squar Milner, LLP..(Larkin, Peter)
October 4, 2021 Opinion or Order Filing 211 PROPOSED ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. Related Document Number: #209 ..(Lopatka, J.) Proposed Order to be reviewed by Clerk's Office staff.
October 4, 2021 Opinion or Order Filing 210 DECLARATION of J. Ryan Lopatka in Support re: #209 MOTION for J. Ryan Lopatka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25148010. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit A - Certificates of Good Standing).(Lopatka, J.)
October 4, 2021 Opinion or Order Filing 209 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for J. Ryan Lopatka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25148010. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Lopatka, J.) Modified on 10/5/2021 (bcu).
October 1, 2021 Opinion or Order Filing 208 ANSWER to #204 Crossclaim. Document filed by Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner..(Greene, Douglas)
October 1, 2021 Opinion or Order Filing 207 ANSWER to #204 Crossclaim. Document filed by Pareteum Corporation..(Foresta, Stephen)
September 24, 2021 Opinion or Order Set/Reset Hearings: Case Management Conference set for 10/6/2021 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (yv)
September 24, 2021 Opinion or Order Filing 206 SCHEDULING ORDER: The case management conference scheduled for September 30, 2021 is hereby adjourned. The parties are ordered to appear for a case management conference on October 6, 2021, at 11:00 a.m., in Courtroom 14D, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. Finally, no later than October 4, 2021, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/24/21) (yv)
September 10, 2021 Opinion or Order Filing 205 ANSWER to #168 Amended Complaint,,. Document filed by Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner..(Greene, Douglas)
September 10, 2021 Opinion or Order Filing 204 ANSWER to #168 Amended Complaint,, with JURY DEMAND., CROSSCLAIM against Victor Bozzo, Edward O'Donnell, Pareteum Corporation, Squar Milner, LLP, Robert H. Turner. Document filed by Dawson James Securities, Inc...(Sadeghi, Kayvan)
September 10, 2021 Opinion or Order Filing 203 ANSWER to #168 Amended Complaint,,. Document filed by Pareteum Corporation..(Foresta, Stephen)
September 10, 2021 Opinion or Order Filing 202 ANSWER to #168 Amended Complaint,,. Document filed by Squar Milner, LLP..(Gelozin, Rebecca)
August 11, 2021 Opinion or Order Filing 201 OPINION AND ORDER DENYING MOTIONS TO DISMISS re: #177 FIRST MOTION to Dismiss the Amended Consolidated Complaint filed by Squar Milner, LLP, #183 FIRST MOTION to Dismiss First Amended Consolidated Complaint filed by Dawson James Securities, Inc., #175 MOTION to Dismiss the First Amended Consolidated Complaint filed by Robert H. Turner, Denis McCarthy, Edward O'Donnell, Victor Bozzo, #180 MOTION to Dismiss the First Amended Consolidated Complaint filed by Pareteum Corporation. For the foregoing reasons, and those discussed at oral argument, I hold as follows: 1. Defendants' motions to dismiss are denied. 2. Defendants shall file an answer to the operative Complaint within 30 days of this order. 3. The parties shall appear for a case management conference on September 30, 2021, at 4:00 p.m., in Courtroom 14D, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. 4. The Clerk shall terminate the open motions (ECF Nos. 175, 177, 180, 183). SO ORDERED. ( Case Management Conference set for 9/30/2021 at 04:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/11/2021) (vfr)
November 9, 2020 Opinion or Order Filing 200 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/29/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
November 9, 2020 Opinion or Order Filing 199 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/29/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/10/2020. Release of Transcript Restriction set for 2/8/2021..(McGuirk, Kelly)
November 6, 2020 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 11/6/2020 re: #177 FIRST MOTION to Dismiss the Amended Consolidated Complaint. filed by Squar Milner, LLP, #183 FIRST MOTION to Dismiss First Amended Consolidated Complaint. filed by Dawson James Securities, Inc., #175 MOTION to Dismiss the First Amended Consolidated Complaint. filed by Robert H. Turner, Denis McCarthy, Edward O'Donnell, Victor Bozzo, #180 MOTION to Dismiss the First Amended Consolidated Complaint. filed by Pareteum Corporation. (Court Reporter Paula Speer) (Jones, Brigitte)
October 7, 2020 Opinion or Order Filing 198 SCHEDULING ORDER: Oral argument on Defendants motions to dismiss is hereby adjourned to October 29, 2020, at 12:00 p.m., which hearing will be held via the following call-in number: Call-in number: 888-363-4749 Access code: 7518680To ensure that the call proceeds smoothly and to avoid disruption, the Courtdirects those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the hearing. Finally, no later than October 27, 2020, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. Oral Argument set for 10/29/2020 at 12:00 PM before Judge Alvin K. Hellerstein. Telephone Conference set for 10/29/2020 at 12:00 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 10/07/2020) (ama)
October 2, 2020 Opinion or Order Filing 197 RESPONSE re: #195 Notice (Other), Lead Plaintiffs' Notice of Supplemental Authority. Document filed by Pareteum Corporation..(Foresta, Stephen)
October 1, 2020 Opinion or Order Filing 196 RESPONSE re: #195 Notice (Other), Lead Plaintiffs' Notice of Supplemental Authority. Document filed by Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner..(Greene, Douglas)
September 18, 2020 Opinion or Order Filing 195 NOTICE of Supplemental Authority re: #185 Memorandum of Law in Opposition to Motion,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Abramson v. Newlink Opinion).(Miller, Kim)
September 9, 2020 Opinion or Order Filing 194 ORDER REGULATING PROCEEDINGS, Oral argument on Defendants' motions to dismiss will be held on October 21, 2020, at 4:00 p.m. The Court will determine at a later date whether oral argument will be held in-person or telephonically and will notify the parties accordingly. SO ORDERED. ( Oral Argument set for 10/21/2020 at 04:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/9/20) (yv)
September 9, 2020 Opinion or Order Filing 193 MEMO ENDORSED ORDER granting (192) Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Nathaniel A. Tarnor; Jason Allen Zweig; Lucas E. Gilmore and Reed R Kathrein terminated in case 1:19-cv-09767-AKH; granting (41) Motion to Withdraw as Attorney. Attorney Nathaniel A. Tarnor; Jason Allen Zweig; Lucas E. Gilmore and Reed R Kathrein terminated in case 1:19-cv-09795-AKH. (Signed by Judge Alvin K. Hellerstein on 9/9/20) Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH (yv)
September 4, 2020 Opinion or Order Filing 192 MOTION for Nathaniel A. Tarnor, Reed R. Kathrein, Lucas E. Gilmore to Withdraw as Attorney . Document filed by Ajay Singh.Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH.(Tarnor, Nathaniel)
September 4, 2020 Opinion or Order Filing 191 REPLY MEMORANDUM OF LAW in Support re: (180 in 1:19-cv-09767-AKH) MOTION to Dismiss the First Amended Consolidated Complaint. . Document filed by Pareteum Corporation. Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH.(Foresta, Stephen)
September 3, 2020 Opinion or Order Filing 190 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #191) REPLY MEMORANDUM OF LAW in Support re: (180 in 1:19-cv-09767-AKH) MOTION to Dismiss the First Amended Consolidated Complaint. . Document filed by Pareteum Corporation. Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH, 1:20-cv-03738-AKH.(Foresta, Stephen) Modified on 9/4/2020 (kj).
September 3, 2020 Opinion or Order Filing 189 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #190) REPLY MEMORANDUM OF LAW in Support re: (180 in 1:19-cv-09767-AKH) MOTION to Dismiss the First Amended Consolidated Complaint. . Document filed by Pareteum Corporation. Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH.(Foresta, Stephen) Modified on 9/4/2020 (lb).
September 3, 2020 Opinion or Order Filing 188 REPLY MEMORANDUM OF LAW in Support re: #177 FIRST MOTION to Dismiss the Amended Consolidated Complaint. . Document filed by Squar Milner, LLP..(Larkin, Peter)
September 3, 2020 Opinion or Order Filing 187 REPLY MEMORANDUM OF LAW in Support re: #175 MOTION to Dismiss the First Amended Consolidated Complaint. . Document filed by Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner..(Greene, Douglas)
August 31, 2020 Opinion or Order Filing 186 NOTICE OF APPEARANCE by Kim Elaine Miller on behalf of Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Miller, Kim)
August 27, 2020 Opinion or Order Filing 185 MEMORANDUM OF LAW in Opposition re: #177 FIRST MOTION to Dismiss the Amended Consolidated Complaint., #183 FIRST MOTION to Dismiss First Amended Consolidated Complaint., #175 MOTION to Dismiss the First Amended Consolidated Complaint., #180 MOTION to Dismiss the First Amended Consolidated Complaint. . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Harris, Melissa)
August 4, 2020 Opinion or Order Filing 184 ORDER FOR ADMISSION PRO HAC VICE granting #172 Motion for Douglas W. Greene to Appear Pro Hac Vice. The Motion of Douglas W. Greene for admission to practice Pro Hac Vice in the above-captioned case is GRANTED. IT IS HEREBY ORDERED that Douglas W. Greene 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 Alvin K. Hellerstein on 8/4/20) (yv)
August 4, 2020 Opinion or Order Filing 183 FIRST MOTION to Dismiss First Amended Consolidated Complaint. Document filed by Dawson James Securities, Inc.. Responses due by 8/27/2020.(Sadeghi, Kayvan)
August 3, 2020 Opinion or Order Filing 182 DECLARATION of Stephen G. Foresta in Support re: #180 MOTION to Dismiss the First Amended Consolidated Complaint.. Document filed by Pareteum Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Chapman, Jeffrey)
August 3, 2020 Opinion or Order Filing 181 MEMORANDUM OF LAW in Support re: #180 MOTION to Dismiss the First Amended Consolidated Complaint. . Document filed by Pareteum Corporation..(Chapman, Jeffrey)
August 3, 2020 Opinion or Order Filing 180 MOTION to Dismiss the First Amended Consolidated Complaint. Document filed by Pareteum Corporation..(Chapman, Jeffrey)
August 3, 2020 Opinion or Order Filing 179 DECLARATION of Peter J. Larkin in Support re: #177 FIRST MOTION to Dismiss the Amended Consolidated Complaint.. Document filed by Squar Milner, LLP. (Attachments: #1 Exhibit A to Declaration of Peter Larkin, #2 Exhibit B to Declaration of Peter Larkin, #3 Exhibit C to Declaration of Peter Larkin).(Larkin, Peter)
August 3, 2020 Opinion or Order Filing 178 MEMORANDUM OF LAW in Support re: #177 FIRST MOTION to Dismiss the Amended Consolidated Complaint. . Document filed by Squar Milner, LLP..(Larkin, Peter)
August 3, 2020 Opinion or Order Filing 177 FIRST MOTION to Dismiss the Amended Consolidated Complaint. Document filed by Squar Milner, LLP. Responses due by 8/27/2020.(Larkin, Peter)
August 3, 2020 Opinion or Order Filing 176 MEMORANDUM OF LAW in Support re: #175 MOTION to Dismiss the First Amended Consolidated Complaint. . Document filed by Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner..(York-Erwin, Genevieve)
August 3, 2020 Opinion or Order Filing 175 MOTION to Dismiss the First Amended Consolidated Complaint. Document filed by Victor Bozzo, Denis McCarthy, Edward O'Donnell, Robert H. Turner..(York-Erwin, Genevieve)
August 3, 2020 Opinion or Order Filing 174 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and among Defendants Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Yves Van Sante, Laura Thomas and Robert H. Turner, the law firm of McGuire Woods LLP and the law firm of Baker & Hostetler LLP, that Baker & Hostetler LLP be, and hereby is, substituted as counsel of record for Defendants Victor Bozzo, Luis Jimenez-Tuiion, Robert Lippert, Denis McCarthy, Edward O'Donnell, Yves Van Sante, Laura Thomas and Robert H. Turner in place and stead of McGuire Woods LLP. Attorney Douglas W. Greene for Victor Bozzo,Douglas W. Greene for Luis Jimenez-Tunon,Douglas W. Greene for Robert Lippert,Douglas W. Greene for Denis McCarthy,Douglas W. Greene for Edward O'Donnell,Douglas W. Greene for Laura Thomas,Douglas W. Greene for Robert H. Turner,Douglas W. Greene for Yves Van Sante added. Attorney Stephen G. Foresta terminated. (Signed by Judge Alvin K. Hellerstein on 8/3/2020) (cf)
August 3, 2020 Opinion or Order Filing 173 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among undersigned counsel for the Parties, that: 1. Plaintiff will file any opposition(s) to any motion(s) to dismiss on or before August 27, 2020. 2. Defendants will file any replies in further support of any motion(s) to dismiss on or before September 3, 2020. (As further set forth in this Order.) ( Responses due by 8/27/2020, Replies due by 9/3/2020.) (Signed by Judge Alvin K. Hellerstein on 8/3/2020) (cf)
August 3, 2020 Opinion or Order Filing 172 MOTION for Douglas W. Greene to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20974630. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Rob Mumby, Edward O'Donnell, Laura Thomas, Robert H. Turner, Yves Van Sante. (Attachments: #1 Affidavit of Douglas W. Greene, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Greene, Douglas)
August 3, 2020 Opinion or Order Filing 171 NOTICE OF APPEARANCE by Genevieve Graeme York-Erwin on behalf of Rob Mumby..(York-Erwin, Genevieve)
August 3, 2020 Opinion or Order Filing 170 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Robert H. Turner, Yves Van Sante, Laura Thomas..(York-Erwin, Genevieve)
August 3, 2020 Opinion or Order Filing 169 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
August 3, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #172 MOTION for Douglas W. Greene to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20974630. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 17, 2020 Opinion or Order Filing 168 FIRST AMENDED COMPLAINT amending #98 Amended Complaint,, #1 Complaint, #90 Amended Complaint,, against Victor Bozzo, Dawson James Securities, Inc., Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Squar Milner, LLP, Robert H. Turner with JURY DEMAND.Document filed by Kevin Ivkovich, Keith M Moore, Robert E Whitley, Nicholas Steffey, Stephen D Jones. Related document: #98 Amended Complaint,, #1 Complaint, #90 Amended Complaint,,. (Attachments: #1 Certifications).(Nicholson, Melinda)
July 2, 2020 Opinion or Order Filing 167 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among undersigned counsel forthe Parties, that:1. Pursuant to the Consolidation Order, the Baxley Action is hereby consolidated withand into this Action for all purposes under the leadership of Lead Plaintiff and Class Counsel. (Signed by Judge Alvin K. Hellerstein on 7/2/2020) Filed In Associated Cases: 1:19-cv-09767-AKH, 1:20-cv-03738-AKH (js)
July 1, 2020 Opinion or Order Filing 166 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
June 25, 2020 Opinion or Order Filing 165 LETTER addressed to Judge Alvin K. Hellerstein from Stephen G. Foresta dated June 25, 2020 re: related cases in other jurisdictions. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Rob Mumby, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante..(Foresta, Stephen)
June 25, 2020 Opinion or Order Filing 164 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/23/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
June 25, 2020 Opinion or Order Filing 163 TRANSCRIPT of Proceedings re: CONFERNECE held on 6/23/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020..(McGuirk, Kelly)
June 23, 2020 Opinion or Order Filing 162 ORDER REGULATING PROCEEDINGS: Accordingly, the Class Complaint and Patel Complaint are dismissed without prejudice. The Plaintiffs in each of those two actions are instructed to file amended complaints on July 17, 2020, which complaints shall comport with Rule 8, as well as the PSLRA and Rule 9(b) as applicable. Defendants shall file any motion(s) to dismiss on or before August 3, 2020, along with a joint stipulation, signed by all parties, outlining a briefing schedule that is to be completed on or before September 3, 2020. The Clerk shall close the open motions to dismiss and for joinder (ECF Nos. 143, 144, 152), such motions having been mooted by this order. SO ORDERED. (Amended Pleadings due by 7/17/2020., Motions due by 8/3/2020.), Motions terminated: (144 in 1:19-cv-09767-AKH) MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint. filed by Squar Milner, LLP, (143 in 1:19-cv-09767-AKH) MOTION to Dismiss THE CONSOLIDATED COMPLAINT, OR IN THE ALTERNATIVE, TO STRIKE. filed by Robert H. Turner, Yves Van Sante, Denis McCarthy, Victor Bozzo, Robert Lippert, Edward O'Donnell, Pareteum Corporation, Luis Jimenez-Tunon, (152 in 1:19-cv-09767-AKH) MOTION for Joinder Defendant Dawson James Securities, Inc.s Notice of Joinder in Motion To Dismiss. filed by Dawson James Securities, Inc.. (Signed by Judge Alvin K. Hellerstein on 6/23/2020) (jca)
June 23, 2020 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 6/23/2020. (Court Reporter Andrew Walker) Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH(Jones, Brigitte)
June 12, 2020 Opinion or Order Filing 161 AFFIDAVIT of Melinda A. Nicholson in Opposition re: #152 MOTION for Joinder Defendant Dawson James Securities, Inc.s Notice of Joinder in Motion To Dismiss., #144 MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint., #143 MOTION to Dismiss THE CONSOLIDATED COMPLAINT, OR IN THE ALTERNATIVE, TO STRIKE.. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit Ex. 1 - S-4 excerpts, #2 Exhibit Ex. 2 - 424b3 excerpts).(Nicholson, Melinda)
June 12, 2020 Opinion or Order Filing 160 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #161) - DECLARATION of Melinda A. Nicholson in Opposition re: #152 MOTION for Joinder Defendant Dawson James Securities, Inc.s Notice of Joinder in Motion To Dismiss., #144 MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint., #143 MOTION to Dismiss THE CONSOLIDATED COMPLAINT, OR IN THE ALTERNATIVE, TO STRIKE.. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit Ex. 1 - S-4 excerpts).(Nicholson, Melinda) Modified on 6/15/2020 (ldi).
June 12, 2020 Opinion or Order Filing 159 MEMORANDUM OF LAW in Opposition re: #152 MOTION for Joinder Defendant Dawson James Securities, Inc.s Notice of Joinder in Motion To Dismiss., #144 MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint., #143 MOTION to Dismiss THE CONSOLIDATED COMPLAINT, OR IN THE ALTERNATIVE, TO STRIKE. . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
June 12, 2020 Opinion or Order Filing 158 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #161) - DECLARATION of Melinda A. Nicholson in Opposition re: #152 MOTION for Joinder Defendant Dawson James Securities, Inc.s Notice of Joinder in Motion To Dismiss., #144 MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint., #143 MOTION to Dismiss THE CONSOLIDATED COMPLAINT, OR IN THE ALTERNATIVE, TO STRIKE.. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit Ex. 1 - S-4 excerpts, #2 Exhibit Ex. 2 - 424b3 excerpts).(Harris, Melissa) Modified on 6/15/2020 (ldi). Modified on 6/15/2020 (ldi).
June 12, 2020 Opinion or Order Filing 157 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #159) - MEMORANDUM OF LAW in Opposition re: #152 MOTION for Joinder Defendant Dawson James Securities, Inc.s Notice of Joinder in Motion To Dismiss., #144 MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint., #143 MOTION to Dismiss THE CONSOLIDATED COMPLAINT, OR IN THE ALTERNATIVE, TO STRIKE. . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Harris, Melissa) Modified on 6/15/2020 (ldi).
June 10, 2020 Opinion or Order Filing 156 SCHEDULING ORDER: Counsel in the above-named actions shall appear for a telephonic status conference on Tuesday, June 23, 2020, at 11:00 a.m., to provide the Court with an update on all related actions and to discuss a plan for efficient management and resolution of this matter. The telephonic conference may be accessed as follows: Call-in number: 888-363-4749. Access code: 7518680, as further set forth. Telephone Conference set for 6/23/2020 at 11:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/10/2020) (mml)
June 5, 2020 Opinion or Order Filing 155 URGENT STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, by and among undersigned counsel for the Parties, that: 1. Lead Plaintiff shall file its Opposition to the Motions to Dismiss on or before Friday June 12, 2020; 2. Defendants shall file Replies to Lead Plaintiff's Opposition to Defendants' Motions to Dismiss on or before Monday, June 29, 2020. The above stipulation having been considered, and good cause appearing therefore, IT IS SO ORDERED. Set Deadlines/Hearing as to #143 MOTION to Dismiss THE CONSOLIDATED COMPLAINT, OR IN THE ALTERNATIVE, TO STRIKE., #144 MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint. :( Responses due by 6/12/2020, Replies due by 6/29/2020.) (Signed by Judge Alvin K. Hellerstein on 6/5/20) (yv)
June 4, 2020 Opinion or Order Filing 154 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Ivkovich..(Nicholson, Melinda)
June 1, 2020 Opinion or Order Filing 153 MEMO ENDORSEMENT on re: #148 LETTER addressed to Judge Alvin K. Hellerstein from Kayvan B. Sadeghi dated 4/29/2020 re: In re Pareteum Securities Litigation No. 1:19-cv-09767-AKH-GWG. Document filed by Dawson James Securities, Inc. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 6/1/2020) (rjm)
May 21, 2020 Opinion or Order Filing 152 MOTION for Joinder Defendant Dawson James Securities, Inc.s Notice of Joinder in Motion To Dismiss. Document filed by Dawson James Securities, Inc...(Sadeghi, Kayvan)
May 21, 2020 Opinion or Order Filing 151 MEMO ENDORSEMENT on re: #148 Letter requesting leave to file the attached Notice of Joinder in Motions to Dismiss, filed by Dawson James Securities, Inc. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/21/20) (yv)
May 21, 2020 Opinion or Order Filing 150 NOTICE of Related Action (Baxley). Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
April 29, 2020 Opinion or Order Filing 149 NOTICE OF APPEARANCE by Kayvan Betteridge Sadeghi on behalf of Dawson James Securities, Inc...(Sadeghi, Kayvan)
April 29, 2020 Opinion or Order Filing 148 LETTER addressed to Judge Alvin K. Hellerstein from Kayvan B. Sadeghi dated 4/29/2020 re: In re Pareteum Securities Litigation No. 1:19-cv-09767-AKH-GWG. Document filed by Dawson James Securities, Inc.. (Attachments: #1 Exhibit Notice of Joinder).(Sadeghi, Kayvan)
April 25, 2020 Opinion or Order Filing 147 NOTICE OF APPEARANCE by Thomas R. Manisero on behalf of Squar Milner, LLP..(Manisero, Thomas)
April 24, 2020 Opinion or Order Filing 146 DECLARATION of Peter J. Larkin in Support re: #144 MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint.. Document filed by Squar Milner, LLP. (Attachments: #1 Exhibit A to Declaration of Peter Larkin, #2 Exhibit B to Declaration of Peter Larkin, #3 Exhibit C to Declaration of Peter Larkin).(Larkin, Peter)
April 24, 2020 Opinion or Order Filing 145 MEMORANDUM OF LAW in Support re: #144 MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint. . Document filed by Squar Milner, LLP..(Larkin, Peter)
April 24, 2020 Opinion or Order Filing 144 MOTION to Dismiss Sixth Claim in Plaintiff's Consolidated Complaint. Document filed by Squar Milner, LLP. Responses due by 6/9/2020.(Larkin, Peter)
April 24, 2020 Opinion or Order Filing 143 MOTION to Dismiss THE CONSOLIDATED COMPLAINT, OR IN THE ALTERNATIVE, TO STRIKE. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante. (Attachments: #1 Memorandum of Law, #2 Declaration of S. Foresta, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D).(Foresta, Stephen)
April 22, 2020 Opinion or Order Filing 142 MEMO ENDORSED ORDER granting (140) Motion to Withdraw as Attorney. (Attorney Jason Marc Myers terminated in case 1:19-cv-09767-AKH. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/22/20) Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH (yv)
April 22, 2020 Opinion or Order Filing 141 MEMO ENDORSEMENT on MOTION TO WITHDRAWAL AS ATTORNEY OF RECORD: granting (139) Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Thomas Arthur Leghorn terminated in case 1:19-cv-09767-AKH. (Signed by Judge Alvin K. Hellerstein on 4/22/2020) Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH (ama)
April 21, 2020 Opinion or Order Filing 140 MOTION for Jason M. Myers to Withdraw as Attorney . Document filed by Squar Milner, LLP..(Myers, Jason)
April 21, 2020 Opinion or Order Filing 139 MOTION for Thomas A. Leghorn to Withdraw as Attorney . Document filed by Squar Milner, LLP..(Leghorn, Thomas)
April 21, 2020 Opinion or Order Filing 138 NOTICE OF APPEARANCE by Rebecca Rose Gelozin on behalf of Squar Milner, LLP..(Gelozin, Rebecca)
April 21, 2020 Opinion or Order Filing 137 NOTICE OF APPEARANCE by Peter Joseph Larkin on behalf of Squar Milner, LLP..(Larkin, Peter)
April 13, 2020 Opinion or Order Filing 136 STIPULATION AND SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among undersigned counsel for the Parties, that: 1. McGuireWoods, LLP shall be deemed to have accepted service of the Amended Complaint on behalf of Defendants Lippert, van Sante, and Jimenez-Tunon without prejudice to any defenses, including but not limited to personal jurisdiction defenses, except sufficiency of service of process. 2. The Parties shall file the following documents by the following deadlines: Defendants' Answers or Motions to Dismiss April 24, 2020. If applicable, Lead Plaintiffs Oppositions to Defendants' Motions to Dismiss June 9, 2020. If applicable, Defendants' Replies to Lead Plaintiff's Oppositions to Defendants' Motions to Dismiss June 24, 2020. The above stipulation having been considered, and good cause appearing therefore, IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/13/2020) Victor Bozzo answer due 4/24/2020; Dawson James Securities, Inc. answer due 4/24/2020; Luis Jimenez-Tunon answer due 4/24/2020; Robert Lippert answer due 4/24/2020; Denis McCarthy answer due 4/24/2020; Rob Mumby answer due 4/24/2020; Edward O'Donnell answer due 4/24/2020; Pareteum Corporation answer due 4/24/2020; Squar Milner, LLP answer due 4/24/2020; Robert H. Turner answer due 4/24/2020; Yves Van Sante answer due 4/24/2020.( Motions due by 4/24/2020., Responses due by 6/9/2020, Replies due by 6/24/2020.) (ks)
April 13, 2020 Opinion or Order Filing 135 ORDER FOR ADMISSION PRO HAC VICE granting #124 Motion for Madison S. Spach, Jr. to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 4/13/2020) (ks)
April 13, 2020 Opinion or Order Filing 134 LETTER addressed to Judge Alvin K. Hellerstein from Jeffrey Chapman dated April 13, 2020 re: Stipulation Extending Time to Respond. Document filed by Victor Bozzo, Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Robert H. Turner, Yves Van Sante..(Chapman, Jeffrey)
April 8, 2020 Opinion or Order Filing 133 MEMO ENDORSED ORDER granting #130 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. (Attorney Richard B. Kapnick terminated.) (Signed by Judge Alvin K. Hellerstein on 4/8/20) (yv)
April 8, 2020 Opinion or Order Filing 132 MEMO ENDORSED ORDER granting #131 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. ( Attorney John George, Jr. terminated.) (Signed by Judge Alvin K. Hellerstein on 4/8/20) (yv)
April 7, 2020 Opinion or Order Filing 131 MOTION for John M. George, Jr. to Withdraw as Attorney for Squar Milner, LLP. Document filed by Squar Milner, LLP..(George, Jr., John)
April 7, 2020 Opinion or Order Filing 130 MOTION for Richard B. Kapnick to Withdraw as Attorney for Squar Milner, LLP. Document filed by Squar Milner, LLP..(Kapnick, Richard)
April 7, 2020 Opinion or Order Filing 129 NOTICE OF APPEARANCE by Thomas Arthur Leghorn on behalf of Squar Milner, LLP..(Leghorn, Thomas)
April 7, 2020 Opinion or Order Filing 128 NOTICE OF APPEARANCE by Jason Marc Myers on behalf of Squar Milner, LLP..(Myers, Jason)
March 27, 2020 Opinion or Order Filing 127 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
March 27, 2020 Opinion or Order Filing 126 NOTICE OF APPEARANCE by John George, Jr. on behalf of Squar Milner, LLP..(George, Jr., John)
March 27, 2020 Opinion or Order Filing 125 ORDER FOR ADMISSION PRO HAC VICE granting #122 Motion for John M. George, Jr. to Appear Pro Hac Vice. The Motion of John M. George, Jr. for Admission Pro Hae Vice in the above captioned action is GRANTED. IT IS HEREBY ORDERED that Applicant 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 Alvin K. Hellerstein on 3/25/20) (yv)
March 26, 2020 Opinion or Order Filing 124 MOTION for Madison S. Spach, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Squar Milner, LLP. (Attachments: #1 Affidavit of Madison S. Spach, Jr. in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Spach, Madison)
March 26, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #124 MOTION for Madison S. Spach, Jr. 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. (ad)
March 24, 2020 Opinion or Order Filing 123 FILING ERROR - DEFICIENT MOTION FOR PRO HAC VICE - MOTION for Madison S. Spach, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19205887. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Squar Milner, LLP. (Attachments: #1 MOTION FOR ADMISSION PRO HAC VICE, #2 Affidavit AFFIDAVIT OF MADISON S. SPACH, JR. IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, #3 Certificate of Good Standing, #4 Text of Proposed Order).(Spach, Madison) Modified on 3/24/2020 (ad).
March 24, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #123 MOTION for Madison S. Spach, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19205887. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The certificate of good standing must be issued by the California Supreme Court 350 Mc Allister Street Room 1295 San Francisco, CA 94102 415-865-7000;. Re-file the motion as a Corrected 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. (ad)
March 23, 2020 Opinion or Order Filing 122 MOTION for John M. George, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19197930. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Squar Milner, LLP. (Attachments: #1 Affidavit Affidavit of John M. George, Jr., #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(George, Jr., John)
March 23, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #122 MOTION for John M. George, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19197930. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
March 19, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #121 MOTION for John M. George, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19157057. 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 Illinois;. 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)
March 18, 2020 Opinion or Order Filing 121 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John M. George, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19157057. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Squar Milner, LLP. (Attachments: #1 Affidavit Affidavit and Certificate of Good Standing, #2 Text of Proposed Order Proposed Order, #3 Supplement Certificate of Service).(George, Jr., John) Modified on 3/19/2020 (wb).
March 16, 2020 Opinion or Order Filing 120 NOTICE OF APPEARANCE by Richard B. Kapnick on behalf of Squar Milner, LLP..(Kapnick, Richard)
March 10, 2020 Opinion or Order Filing 119 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Rob Mumby served on 3/3/2020, answer due 3/24/2020. Service was accepted by Emily Crawford, Administrative Assistant. Document filed by Kevin Ivkovich; Keith M Moore; Robert E Whitley; Nicholas Steffey; Stephen D Jones..(Nicholson, Melinda)
March 3, 2020 Opinion or Order Filing 118 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Squar Milner, LLP served on 2/28/2020, answer due 3/20/2020. Service was accepted by Arica H.- Receptionist. Document filed by Kevin Ivkovich; Keith M Moore; Robert E Whitley; Nicholas Steffey; Stephen D Jones..(Nicholson, Melinda)
March 3, 2020 Opinion or Order Filing 117 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Dawson James Securities, Inc. served on 3/2/2020, answer due 3/23/2020. Service was accepted by Joe Conti, Manager. Document filed by Kevin Ivkovich; Keith M Moore; Robert E Whitley; Nicholas Steffey; Stephen D Jones..(Nicholson, Melinda)
March 2, 2020 Opinion or Order Filing 116 MEMO ENDORSEMENT on re: (12 in 1:20-cv-00359-AKH); (22 in 1:19-cv-10460-AKH); (115 in 1:19-cv-09767-AKH); (9 in 1:20-cv-00740-PGG) Letter filed by Pareteum Corporation. ENDORSEMENT: Denied. A conference is premature before the transfer motions are decided. In the meantime, the parties may agree to appropriate enlargement of time to file pleadings. (Signed by Judge Alvin K. Hellerstein on 3/2/2020) (jwh)
March 2, 2020 Opinion or Order Filing 115 LETTER addressed to Judge Alvin K. Hellerstein from Stephen G. Foresta dated March 2, 2020 re: Request for a status conference. Document filed by Pareteum Corporation..(Foresta, Stephen)
February 28, 2020 Opinion or Order Filing 114 MEMO ENDORSED ORDER granting #107 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. (Attorney Jason Allen Zweig terminated.) (Signed by Judge Alvin K. Hellerstein on 2/28/20) (yv)
February 28, 2020 Opinion or Order Filing 113 ELECTRONIC SUMMONS ISSUED as to Squar Milner, LLP..(pc)
February 28, 2020 Opinion or Order Filing 112 ELECTRONIC SUMMONS ISSUED as to Luis Jimenez-Tunon..(pc)
February 28, 2020 Opinion or Order Filing 111 ELECTRONIC SUMMONS ISSUED as to Yves Van Sante..(pc)
February 28, 2020 Opinion or Order Filing 110 ELECTRONIC SUMMONS ISSUED as to Robert Lippert..(pc)
February 28, 2020 Opinion or Order Filing 109 ELECTRONIC SUMMONS ISSUED as to Rob Mumby..(pc)
February 28, 2020 Opinion or Order Filing 108 ELECTRONIC SUMMONS ISSUED as to Dawson James Securities, Inc...(pc)
February 27, 2020 Opinion or Order Filing 107 MOTION for Jason A. Zweig, Reed R. Kathrein, and Lucas E. Gilmore to Withdraw as Attorney . Document filed by Chang Lee, MD, Ajay Singh, Cynthia Soto..(Zweig, Jason)
February 26, 2020 Opinion or Order Filing 106 REQUEST FOR ISSUANCE OF SUMMONS as to Yves van Sante, re: #98 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 26, 2020 Opinion or Order Filing 105 REQUEST FOR ISSUANCE OF SUMMONS as to Squar Milner, LLP, re: #98 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 26, 2020 Opinion or Order Filing 104 MEMO ENDORSED ORDER granting (97) Motion to Withdraw as Attorney. Attorney Laurence Jesse Hasson terminated in case 1:19-cv-09767-AKH; granting (34) Motion to Withdraw as Attorney. Attorney Laurence Jesse Hasson terminated in case 1:19-cv-09795-AKH; granting (44) Motion to Withdraw as Attorney. Attorney Laurence Jesse Hasson terminated in case 1:19-cv-09849-AKH. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/26/20) Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH (yv)
February 26, 2020 Opinion or Order Filing 103 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Lippert, re: #98 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 26, 2020 Opinion or Order Filing 102 REQUEST FOR ISSUANCE OF SUMMONS as to Rob Mumby, re: #98 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 26, 2020 Opinion or Order Filing 101 REQUEST FOR ISSUANCE OF SUMMONS as to Luis Jimenez-Tunon, re: #98 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 26, 2020 Opinion or Order Filing 100 REQUEST FOR ISSUANCE OF SUMMONS as to Dawson James Securities, Inc., re: #98 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 26, 2020 Opinion or Order Filing 99 EXHIBIT TO PLEADING re: #98 Amended Complaint,, #90 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 26, 2020 Opinion or Order Filing 98 AMENDED COMPLAINT amending #1 Complaint, #90 Amended Complaint,, against Victor Bozzo, Dawson James Securities, Inc., Luis Jimenez-Tunon, Robert Lippert, Denis McCarthy, Rob Mumby, Edward O'Donnell, Pareteum Corporation, Squar Milner, LLP, Robert H. Turner, Yves Van Sante with JURY DEMAND.Document filed by Kevin Ivkovich, Keith M Moore, Robert E Whitley, Nicholas Steffey, Stephen D Jones. Related document: #1 Complaint, #90 Amended Complaint,,. (Attachments: #1 Exhibit 1 - Marcus Aurelius Value Report, #2 Exhibit 2 - Viceroy Research Report, #3 Certifications).(Nicholson, Melinda)
February 25, 2020 Opinion or Order Filing 97 MOTION for Laurence J. Hasson to Withdraw as Attorney . Document filed by Marco Scaccia.Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH.(Hasson, Laurence)
February 25, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Melinda Ann Nicholson to RE-FILE re: Document No. #90 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. The PDF must be be titled 'Consolidated Complaint'; due to deficient filing on the due date, Court's leave must be granted. 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. (jgo)
February 25, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Melinda Ann Nicholson to RE-FILE Document No. #90 Amended Complaint. The filing is deficient for the following reason(s): summons request could not be processed due to deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
February 24, 2020 Opinion or Order Filing 96 REQUEST FOR ISSUANCE OF SUMMONS as to Yves van Sante, re: #90 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 24, 2020 Opinion or Order Filing 95 REQUEST FOR ISSUANCE OF SUMMONS as to Squar Milner, LLP, re: #90 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 24, 2020 Opinion or Order Filing 94 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Lippert, re: #90 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 24, 2020 Opinion or Order Filing 93 REQUEST FOR ISSUANCE OF SUMMONS as to Rob Mumby, re: #90 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 24, 2020 Opinion or Order Filing 92 REQUEST FOR ISSUANCE OF SUMMONS as to Luis Jimenez-Tunon, re: #90 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 24, 2020 Opinion or Order Filing 91 REQUEST FOR ISSUANCE OF SUMMONS as to Dawson James Securities, Inc., re: #90 Amended Complaint,,. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
February 24, 2020 Opinion or Order Filing 90 FILING ERROR - PDF ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against Victor Bozzo, Denis McCarthy, Edward O'Donnell, Pareteum Corporation, Rob Mumby, Dawson James Securities, Inc., Luis Jimenez-Tunon, Robert Lippert, Squar Milner, LLP, Yves Van Sante, Robert H. Turner with JURY DEMAND.Document filed by Robert E Whitley, Kevin Ivkovich, Nicholas Steffey, Keith M Moore, Stephen D Jones. Related document: #1 Complaint. (Attachments: #1 Exhibit 1 - Marcus Aurelius Value Report, #2 Exhibit 2 - Viceroy Research Report, #3 Certifications).(Nicholson, Melinda) Modified on 2/25/2020 (jgo).
February 18, 2020 Opinion or Order Filing 89 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/9/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
February 18, 2020 Opinion or Order Filing 88 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/9/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/10/2020. Redacted Transcript Deadline set for 3/20/2020. Release of Transcript Restriction set for 5/18/2020..(McGuirk, Kelly)
February 11, 2020 Opinion or Order Filing 87 NOTICE of Withdrawal of Counsel. Document filed by Kevin O'Brien..(Linkh, Gregory)
February 3, 2020 Opinion or Order Filing 86 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-10460. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley..(Nicholson, Melinda)
January 20, 2020 Opinion or Order Filing 85 DECLARATION of Pareteum Shareholder Investor Group in Support re: #21 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, Robert Whitley, Jr. to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Nicholson, Melinda)
January 20, 2020 Opinion or Order Filing 84 NOTICE of Filing of Amended Joint Declaration. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Nicholson, Melinda)
January 15, 2020 Opinion or Order Filing 83 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/15/20) (yv)
January 14, 2020 Opinion or Order Filing 82 PROPOSED PROTECTIVE ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Nicholson, Melinda)
January 13, 2020 Opinion or Order Filing 81 STIPULATION AND SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among undersigned counsel for the Parties, that: 1. The Parties shall file the following documents by the following deadlines: Lead Plaintiff's Consolidated Complaint: February 24, 2020. Defendants' Answer or Motion to Dismiss: March 25, 2020. If applicable, Lead Plaintiff's Opposition to Defendants' Motion to Dismiss: April 14, 2020. If applicable, Defendants' Reply to Lead Plaintiff's Opposition to Defendants' Motion to Dismiss: April 24, 2020. (Amended Pleadings due by 2/24/2020. Motions due by 3/25/2020. Responses due by 4/14/2020. Replies due by 4/24/2020.) (Signed by Judge Alvin K. Hellerstein on 1/13/2020) (jwh)
January 13, 2020 Opinion or Order Filing 80 PROPOSED SCHEDULING ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Nicholson, Melinda)
January 10, 2020 Opinion or Order Filing 79 ORDER CONSOLIDATING CASES AND APPOINTING LEAD PLAINTIFF AND COUNSEL granting (21) Motion to Consolidate Cases ; granting (21) Motion to Appoint ; terminating (21) Motion to Appoint Counsel ; terminating (25) Motion to Appoint ; terminating (25) Motion to Appoint Counsel ; granting (28) Motion to Consolidate Cases ; terminating (28) Motion to Appoint ; terminating (28) Motion to Appoint Counsel ; granting (31) Motion to Consolidate Cases ; terminating (31) Motion to Appoint ; terminating (31) Motion to Appoint Counsel ; terminating (32) Motion to Appoint ; granting (38) Motion to Consolidate Cases ; terminating (38) Motion to Appoint ; terminating (38) Motion to Appoint Counsel ; granting (40) Motion to Consolidate Cases ; granting (46) Motion to Consolidate Cases ; terminating (46) Motion to Appoint ; terminating (46) Motion to Approve Counsel; granting (11) Motion to Consolidate Cases ; terminating (11) Motion to Appoint ; terminating (11) Motion to Appoint Counsel ; granting (14) Motion to Consolidate Cases ; terminating (14) Motion to Appoint ; terminating (14) Motion to Appoint Counsel ; terminating (17) Motion to Appoint Counsel ; terminating (17) Motion to Appoint ; terminating (20) Motion to Appoint in case 1:19-cv-09767-AKH; terminating (15) Motion to Appoint Counsel ; terminating (15) Motion to Appoint ; granting (18) Motion to Consolidate Cases ; granting (18) Motion to Appoint ; granting (18) Motion to Appoint Counsel in case 1:19-cv-09795-AKH; terminating (25) Motion to Appoint Counsel ; terminating (25) Motion to Appoint ; granting (28) Motion to Consolidate Cases ; granting (28) Motion to Appoint ; granting (28) Motion to Appoint Counsel in case 1:19-cv-09849-AKH. I grant the motions for consolidation, see, e.g., Primavera Familienstiftung v. Askin, 173 F.R.D. 115, 129 (S.D.N. Y. 1997) ("In securities actions where the complaints are based on the same public statements and reports consolidation is appropriate if there are common questions of law and fact and the parties will not be prejudiced.") (quotation marks omitted); appoint the group made up of Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, and Robert E. Whitley, Jr. ( collectively, the "Pareteum Shareholder Investor Group" or "PSIG") lead plaintiff, see 15 U.S.C. 78u-4(a)(3)(B)(iii) (a "person or group of persons" may act as lead plaintiff); Varghese v. China Shenghuo Pharmaceutical Holdings, Inc., 589 F.Supp.2d 388, 392 (S.D.N.Y. 2008); and approve of PSIG's chosen counsel, Kahn Swick & Foti, LLC, as class counsel. The Clerk is instructed to terminate the open motions (ECF Nos. 11, 14, 17, 20, 21, 25, 28, 31, 32, 38, 40, 46). The above listed cases are consolidated for all purposes and shall proceed under the name In re Pareteum Securities Litigation and under docket 19 Civ. 9767. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/10/20) Filed In Associated Cases: 1:19-cv-09767-AKH, 1:19-cv-09795-AKH, 1:19-cv-09849-AKH (yv)
January 9, 2020 Opinion or Order Filing 78 SEALED DOCUMENT placed in vault.(mhe)
January 9, 2020 Opinion or Order Filing 77 SEALED DOCUMENT placed in vault.(mhe)
January 9, 2020 Opinion or Order Filing 76 NOTICE of Notice of Ex Parte Submission Under Seal Pursuant to Court Order re: #70 Order,,. Document filed by NIKO HOLDING & INVESTMENT LIMITED. (Holleman, William)
January 8, 2020 Opinion or Order Filing 75 NOTICE of Ex Parte Submission of Agreements Between Applicants and Applicants' Counsel Under Seal re: #70 Order,,. Document filed by Chang Lee, MD, Cynthia Soto. (Attachments: #1 Exhibit 1 - Agreements)(Zweig, Jason)
January 8, 2020 Opinion or Order Filing 74 NOTICE OF APPEARANCE by Nathaniel A. Tarnor on behalf of Chang Lee, MD, Cynthia Soto. (Tarnor, Nathaniel)
January 8, 2020 Opinion or Order Filing 73 DECLARATION of Lucas E. Gilmore in Support re: #28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Chang Lee, MD, Cynthia Soto. (Attachments: #1 Exhibit A - Dr. Lee Declaration)(Zweig, Jason)
January 8, 2020 Opinion or Order Filing 72 REPLY to Response to Motion re: #28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Chang Lee, MD, Cynthia Soto. (Zweig, Jason)
January 8, 2020 Opinion or Order Filing 71 NOTICE OF APPEARANCE by Melissa Hope Harris on behalf of Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Harris, Melissa)
January 8, 2020 Opinion or Order Filing 70 ORDER: To further the Court's review of the pending motions for appointment of lead plaintiff and class counsel, all remaining applicants for lead plaintiff are hereby instructed to submit, by 10:00 a.m. on January 9, 2020, any agreements relating to their applications, such as (a) among those who compose a group, (b) between a group and any one of the group said to have been given executive capacities, and (c) between an applicant and the applicant's counsel. These submissions may be submitted ex parte and under seal. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/8/2020) (jca)
January 8, 2020 Opinion or Order Filing 69 NOTICE OF APPEARANCE by Lawrence P. Eagel on behalf of NIKO HOLDING & INVESTMENT LIMITED. (Eagel, Lawrence)
January 8, 2020 Opinion or Order Filing 68 NOTICE OF APPEARANCE by Robert Craig Finkel on behalf of Gateway Securities LLC. (Finkel, Robert)
January 7, 2020 Opinion or Order Filing 67 NOTICE of of Dismissal of Related EDNY Action. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Nicholson, Melinda)
January 7, 2020 Opinion or Order Filing 66 DECLARATION of Melinda A. Nicholson in Opposition re: #28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #40 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 OF NIKO HOLDING & INVESTMENT LIMITED FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL., #25 MOTION to Appoint Marco Scaccia to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Tri Doan to serve as lead plaintiff(s) ., #38 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849; 19-cv-09936 . MOTION to Appoint Philip Cacioppo and Reed Darley to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #32 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #14 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, and 1:19-cv-09936, 1:19-cv-09849, 5, . MOTION to Appoint Frederick Ruehr to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP., #20 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #46 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849 and 19-cv-09936 . MOTION to Appoint Richard Radford, Brian Bock, and Jacob Friedman to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #31 MOTION to Consolidate Cases 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09936; 1:19-cv-09849 . MOTION to Appoint Clarence Bassarath and James A. Lisi to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #11 MOTION to Consolidate Cases 19-cv-09795, 19-cv-09849, 19-cv-09936 . MOTION to Appoint Gateway Securities LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 23, #11 Exhibit 24, #12 Exhibit 25)(Nicholson, Melinda)
January 6, 2020 Opinion or Order Filing 65 DECLARATION of Lucas E. Gilmore in Opposition re: #40 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 OF NIKO HOLDING & INVESTMENT LIMITED FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL., #21 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, Robert Whitley, Jr. to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Chang Lee, MD, Cynthia Soto. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 4a, #6 Exhibit 5, #7 Exhibit 5a, #8 Exhibit 6, #9 Exhibit 6a, #10 Exhibit 7, #11 Exhibit 7a)(Zweig, Jason)
January 6, 2020 Opinion or Order Filing 64 DECLARATION of William S. Holleman in Opposition re: #28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #25 MOTION to Appoint Marco Scaccia to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Tri Doan to serve as lead plaintiff(s) ., #38 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849; 19-cv-09936 . MOTION to Appoint Philip Cacioppo and Reed Darley to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #32 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #14 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, and 1:19-cv-09936, 1:19-cv-09849, 5, . MOTION to Appoint Frederick Ruehr to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP., #20 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #46 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849 and 19-cv-09936 . MOTION to Appoint Richard Radford, Brian Bock, and Jacob Friedman to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #21 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, Robert Whitley, Jr. to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #31 MOTION to Consolidate Cases 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09936; 1:19-cv-09849 . MOTION to Appoint Clarence Bassarath and James A. Lisi to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #11 MOTION to Consolidate Cases 19-cv-09795, 19-cv-09849, 19-cv-09936 . MOTION to Appoint Gateway Securities LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by NIKO HOLDING & INVESTMENT LIMITED. (Attachments: #1 Exhibit 1)(Holleman, William)
January 6, 2020 Opinion or Order Filing 63 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, Robert Whitley, Jr. to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #40 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 OF NIKO HOLDING & INVESTMENT LIMITED FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. . Document filed by Chang Lee, MD, Cynthia Soto. (Zweig, Jason)
January 6, 2020 Opinion or Order Filing 62 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, Robert Whitley, Jr. to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #31 MOTION to Consolidate Cases 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09936; 1:19-cv-09849 . MOTION to Appoint Clarence Bassarath and James A. Lisi to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #11 MOTION to Consolidate Cases 19-cv-09795, 19-cv-09849, 19-cv-09936 . MOTION to Appoint Gateway Securities LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #25 MOTION to Appoint Marco Scaccia to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Tri Doan to serve as lead plaintiff(s) ., #38 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849; 19-cv-09936 . MOTION to Appoint Philip Cacioppo and Reed Darley to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #32 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #14 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, and 1:19-cv-09936, 1:19-cv-09849, 5, . MOTION to Appoint Frederick Ruehr to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP., #20 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #46 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849 and 19-cv-09936 . MOTION to Appoint Richard Radford, Brian Bock, and Jacob Friedman to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by NIKO HOLDING & INVESTMENT LIMITED. (Holleman, William)
January 6, 2020 Opinion or Order Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #66 Declaration) - DECLARATION of Melinda A. Nicholson in Opposition re: #28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #40 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 OF NIKO HOLDING & INVESTMENT LIMITED FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL., #25 MOTION to Appoint Marco Scaccia to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Tri Doan to serve as lead plaintiff(s) ., #38 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849; 19-cv-09936 . MOTION to Appoint Philip Cacioppo and Reed Darley to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #32 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #14 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, and 1:19-cv-09936, 1:19-cv-09849, 5, . MOTION to Appoint Frederick Ruehr to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP., #20 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #46 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849 and 19-cv-09936 . MOTION to Appoint Richard Radford, Brian Bock, and Jacob Friedman to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #31 MOTION to Consolidate Cases 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09936; 1:19-cv-09849 . MOTION to Appoint Clarence Bassarath and James A. Lisi to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #11 MOTION to Consolidate Cases 19-cv-09795, 19-cv-09849, 19-cv-09936 . MOTION to Appoint Gateway Securities LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 23, #11 Exhibit 24, #12 Exhibit 25)(Nicholson, Melinda) Modified on 1/7/2020 (db).
January 6, 2020 Opinion or Order Filing 60 MEMORANDUM OF LAW in Opposition re: #28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #31 MOTION to Consolidate Cases 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09936; 1:19-cv-09849 . MOTION to Appoint Clarence Bassarath and James A. Lisi to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #11 MOTION to Consolidate Cases 19-cv-09795, 19-cv-09849, 19-cv-09936 . MOTION to Appoint Gateway Securities LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #40 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 OF NIKO HOLDING & INVESTMENT LIMITED FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL., #25 MOTION to Appoint Marco Scaccia to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Tri Doan to serve as lead plaintiff(s) ., #38 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849; 19-cv-09936 . MOTION to Appoint Philip Cacioppo and Reed Darley to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #32 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #14 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, and 1:19-cv-09936, 1:19-cv-09849, 5, . MOTION to Appoint Frederick Ruehr to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP., #20 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group)., #46 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849 and 19-cv-09936 . MOTION to Appoint Richard Radford, Brian Bock, and Jacob Friedman to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Nicholson, Melinda)
January 6, 2020 Opinion or Order Filing 59 NOTICE of Withdrawal of Motion re: #31 MOTION to Consolidate Cases 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09936; 1:19-cv-09849 . MOTION to Appoint Clarence Bassarath and James A. Lisi to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Clarence Bassarath, James A. Lisi. (Rosenfeld, David)
January 6, 2020 Opinion or Order Filing 58 NOTICE of NON-OPPOSITION TO COMPETING MOTIONS FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL. Document filed by Gateway Securities LLC. (Ruthizer, Joshua)
January 6, 2020 Opinion or Order Filing 57 NOTICE of Withdrawal of Motion re: #14 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, and 1:19-cv-09936, 1:19-cv-09849, 5, . MOTION to Appoint Frederick Ruehr to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Frederick Ruehr. (Nespole, Gregory)
January 6, 2020 Opinion or Order Filing 56 NOTICE of Cacioppo & Darley Regarding Their Motion for Consolidation, Appointment as Lead Plaintiffs, and Approval of Their Selection of Lead Counsel re: #38 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849; 19-cv-09936 . MOTION to Appoint Philip Cacioppo and Reed Darley to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Philip Cacioppo, Reed Darley. (Laughlin, Thomas)
January 3, 2020 Opinion or Order Filing 55 NOTICE of Non-Opposition to Competing Lead Plaintiff Motions. Document filed by Tri Doan. (Kim, Phillip)
January 3, 2020 Opinion or Order Filing 54 NOTICE of WITHDRAWAL OF MOTION OF THE PARETEUM INVESTOR GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL re: #46 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849 and 19-cv-09936 . MOTION to Appoint Richard Radford, Brian Bock, and Jacob Friedman to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Brian Bock, Jacob Friedman, Richard Radford. (Lieberman, Jeremy)
January 3, 2020 Opinion or Order Filing 53 NOTICE of Non-Opposition to the Competing Motions. Document filed by Marco Scaccia. (Hasson, Laurence)
January 3, 2020 Opinion or Order Filing 52 NOTICE of Withdrawal of Pareteum Investor Group's Motion for Consolidation, Appointment of Lead Plaintiff and Approval of Counsel. Document filed by Paul Berger, John Murphy, Thinh Van Tran, John Vargo. (Block, Jeffrey)
January 2, 2020 Opinion or Order Filing 51 ORDER REGULATING PROCEEDINGS: The parties in the above putative securities class actions are hereby ordered to attend a conference on Thursday, January 9, 2020, at 11:15 a.m., in Courtroom 14D of the United States Courthouse, 500 Pearl Street, New York, New York, 10007. At the conference, the parties should be prepared to discuss the pending motions for consolidation and appointment of lead plaintiff and counsel. (Status Conference set for 1/9/2020 at 11:15 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 1/2/2020) (jwh)
December 30, 2019 Opinion or Order Filing 50 STIPULATION AND ORDER TO ACCEPT SERVICE, EXTEND TIME TO RESPOND TO COMPLAINTS AND SET SCHEDULE. IT IS HEREBY STIPULATED AND AGREED, by and among undersigned counsel for the Parties, that: 1. McGuireWoods LLP ("Defendants' Counsel") shall be deemed to have accepted service of the Complaints filed in the Pareteum Actions on behalf of Defendants-to the extent such Defendants have not been previously served-without prejudice to any defenses, including but not limited to personal jurisdiction defenses, except sufficiency of service of process; 2. Defendants need not answer, move, or otherwise respond to the Complaints except as provided in this Order and after entry of an Order appointing a Lead Plaintiff and Lead Counsel pursuant to the Exchange Act and the PSLRA (the "Lead Plaintiff Order") for the Pareteum Actions; 3. Within twenty-one (21) days following entry of the Lead Plaintiff Order, Lead Counsel and Defendants' Counsel shall submit a proposed schedule to the Court for the filing of a Consolidated Complaint and Defendants' response to the Consolidated Complaint; 4. If Defendants move to dismiss the Consolidated Complaint, the proposed schedule shall also contain deadlines for Lead Plaintiff to file an opposition to the motion to dismiss and for Defendants to file a reply in further support of their motion to dismiss. The above stipulation having been considered, and good cause appearing therefore, IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 12/23/19) (yv)
December 26, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #36 Proposed Order was reviewed and approved as to form. (dt)
December 26, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order was reviewed and approved as to form. (dt)
December 26, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #43 Proposed Order was reviewed and approved as to form. (dt)
December 26, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order, was reviewed and approved as to form. (dt)
December 26, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #47 Proposed Order was reviewed and approved as to form. (dt)
December 26, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #44 Proposed Order was reviewed and approved as to form. (dt)
December 23, 2019 Opinion or Order Filing 49 DECLARATION of Jeremy A. Lieberman in Support re: #46 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849 and 19-cv-09936 . MOTION to Appoint Richard Radford, Brian Bock, and Jacob Friedman to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Brian Bock, Jacob Friedman, Richard Radford. (Attachments: #1 Exhibit 1 - Loss Chart, #2 Exhibit 2 - Press Release, #3 Exhibit 3 - Certifications, #4 Exhibit 4 - Firm Resume)(Lieberman, Jeremy)
December 23, 2019 Opinion or Order Filing 48 MEMORANDUM OF LAW in Support re: #46 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849 and 19-cv-09936 . MOTION to Appoint Richard Radford, Brian Bock, and Jacob Friedman to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Brian Bock, Jacob Friedman, Richard Radford. (Lieberman, Jeremy)
December 23, 2019 Opinion or Order Filing 47 PROPOSED ORDER. Document filed by Brian Bock, Jacob Friedman, Richard Radford. Related Document Number: #46 . (Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff.
December 23, 2019 Opinion or Order Filing 46 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849 and 19-cv-09936 ., MOTION to Appoint Richard Radford, Brian Bock, and Jacob Friedman to serve as lead plaintiff(s) ., MOTION to Approve Counsel . Document filed by Richard Radford, Brian Bock, Jacob Friedman.(Lieberman, Jeremy)
December 23, 2019 Opinion or Order Filing 45 DECLARATION of W. Scott Holleman in Support re: #40 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 OF NIKO HOLDING & INVESTMENT LIMITED FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL.. Document filed by NIKO HOLDING & INVESTMENT LIMITED. (Attachments: #1 Exhibit 1 - Certification, #2 Exhibit 2 - Loss Chart, #3 Exhibit 3 - Notice, #4 Exhibit 4 - BES Firm Resume)(Holleman, William)
December 23, 2019 Opinion or Order Filing 44 PROPOSED ORDER. Document filed by Philip Cacioppo, Reed Darley. Related Document Number: #38 . (Laughlin, Thomas) Proposed Order to be reviewed by Clerk's Office staff.
December 23, 2019 Opinion or Order Filing 43 PROPOSED ORDER. Document filed by Paul Berger, John Murphy, Thinh Van Tran, John Vargo. (Block, Jeffrey) Proposed Order to be reviewed by Clerk's Office staff.
December 23, 2019 Opinion or Order Filing 42 DECLARATION of Thomas L. Laughlin, IV in Support re: #38 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849; 19-cv-09936 . MOTION to Appoint Philip Cacioppo and Reed Darley to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Philip Cacioppo, Reed Darley. (Attachments: #1 Exhibit PSLRA Notice, #2 Exhibit Certifications, #3 Exhibit Loss Chart, #4 Exhibit Joint Declaration, #5 Exhibit Firm Resume)(Laughlin, Thomas)
December 23, 2019 Opinion or Order Filing 41 MEMORANDUM OF LAW in Support re: #40 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 OF NIKO HOLDING & INVESTMENT LIMITED FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. . Document filed by NIKO HOLDING & INVESTMENT LIMITED. (Holleman, William)
December 23, 2019 Opinion or Order Filing 40 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 OF NIKO HOLDING & INVESTMENT LIMITED FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. Document filed by NIKO HOLDING & INVESTMENT LIMITED. (Attachments: #1 Text of Proposed Order)(Holleman, William)
December 23, 2019 Opinion or Order Filing 39 MEMORANDUM OF LAW in Support re: #38 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849; 19-cv-09936 . MOTION to Appoint Philip Cacioppo and Reed Darley to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Philip Cacioppo, Reed Darley. (Laughlin, Thomas)
December 23, 2019 Opinion or Order Filing 38 MOTION to Consolidate Cases 19-cv-09795; 19-cv-09849; 19-cv-09936 ., MOTION to Appoint Philip Cacioppo and Reed Darley to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Philip Cacioppo, Reed Darley.(Laughlin, Thomas)
December 23, 2019 Opinion or Order Filing 37 MEMORANDUM OF LAW in Support re: #20 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group). . Document filed by Paul Berger, John Murphy, Thinh Van Tran, John Vargo. (Block, Jeffrey)
December 23, 2019 Opinion or Order Filing 36 PROPOSED ORDER. Document filed by Clarence Bassarath, James A. Lisi. Related Document Number: #31 . (Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff.
December 23, 2019 Opinion or Order Filing 35 DECLARATION of David A. Rosenfeld in Support re: #31 MOTION to Consolidate Cases 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09936; 1:19-cv-09849 . MOTION to Appoint Clarence Bassarath and James A. Lisi to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Clarence Bassarath, James A. Lisi. (Attachments: #1 Exhibit 1 - PSLRA Notice, #2 Exhibit 2 - Certification, #3 Exhibit 3 - Estimate of losses, #4 Exhibit 4 - Joint Declaration in Support)(Rosenfeld, David)
December 23, 2019 Opinion or Order Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #40 Motion to Consolidate) - MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795,1:19-cv-09849, 1:19-cv-09936 OF NIKO HOLDING & INVESTMENT LIMITED FOR CONSOLIDATION OF ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. Document filed by NIKO HOLDING & INVESTMENT LIMITED. (Attachments: #1 Text of Proposed Order)(Eagel, Lawrence) Modified on 12/26/2019 (db).
December 23, 2019 Opinion or Order Filing 33 MEMORANDUM OF LAW in Support re: #31 MOTION to Consolidate Cases 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09936; 1:19-cv-09849 . MOTION to Appoint Clarence Bassarath and James A. Lisi to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Clarence Bassarath, James A. Lisi. (Rosenfeld, David)
December 23, 2019 Opinion or Order Filing 32 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group). Document filed by Paul Berger, John Murphy, Thinh Van Tran, John Vargo. (Attachments: #1 Exhibit Vargo Cert, #2 Exhibit Van Tran Cert, #3 Exhibit Berger Cert, #4 Exhibit Murphy Cert, #5 Exhibit Vargo LIFO Chart, #6 Exhibit Vargo FIFO Chart, #7 Exhibit Van Tran LIFO Chart, #8 Exhibit Van Tran FIFO Chart, #9 Exhibit Berger LIFO Chart, #10 Exhibit Berger FIFO Chart, #11 Exhibit Murphy LIFO Chart, #12 Exhibit Murphy FIFO Chart, #13 Exhibit Lead Plaintiff Notice, #14 Exhibit Firm Resume)(Block, Jeffrey)
December 23, 2019 Opinion or Order Filing 31 MOTION to Consolidate Cases 1:19-cv-09767; 1:19-cv-09795; 1:19-cv-09936; 1:19-cv-09849 ., MOTION to Appoint Clarence Bassarath and James A. Lisi to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Clarence Bassarath, James A. Lisi.(Rosenfeld, David)
December 23, 2019 Opinion or Order Filing 30 DECLARATION of Lucas E. Gilmore in Support re: #28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Chang Lee, MD, Kevin O'Brien. (Attachments: #1 Exhibit A - Movants' Certifications, #2 Exhibit B - Loss Chart, #3 Exhibit C - Notice of Pendency, #4 Exhibit D - Firm Resume)(Zweig, Jason)
December 23, 2019 Opinion or Order Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Chang Lee, MD, Cynthia Soto. (Zweig, Jason)
December 23, 2019 Opinion or Order Filing 28 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 ., MOTION to Appoint Chang Lee, M.D. and Cynthia Soto, M.D. to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Chang Lee, MD, Cynthia Soto. (Attachments: #1 Text of Proposed Order)(Zweig, Jason)
December 23, 2019 Opinion or Order Filing 27 DECLARATION of Laurence J. Hasson in Support re: #25 MOTION to Appoint Marco Scaccia to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Marco Scaccia. (Attachments: #1 Exhibit A (Notice), #2 Exhibit B (PSLRA Cert), #3 Exhibit C (Loss Chart), #4 Exhibit D (Firm Resume))(Hasson, Laurence)
December 23, 2019 Opinion or Order Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Appoint Marco Scaccia to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Marco Scaccia. (Hasson, Laurence)
December 23, 2019 Opinion or Order Filing 25 MOTION to Appoint Marco Scaccia to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Marco Scaccia. (Attachments: #1 Text of Proposed Order)(Hasson, Laurence)
December 23, 2019 Opinion or Order Filing 24 PROPOSED ORDER. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. Related Document Number: #21 . (Nicholson, Melinda) Proposed Order to be reviewed by Clerk's Office staff.
December 23, 2019 Opinion or Order Filing 23 DECLARATION of Melinda A. Nicholson in Support re: #21 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, Robert Whitley, Jr. to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Attachments: #1 Exhibit 1 - Joint Declaration, #2 Exhibit 2 - K.Ivkovich Cert., #3 Exhibit 3 - K.Ivkovich Loss Chart, #4 Exhibit 4 - S.Jones Cert., #5 Exhibit 5 - S.Jones Loss Chart, #6 Exhibit 6 - K.Moore Cert., #7 Exhibit 7 - K.Moore Loss Chart, #8 Exhibit 8 - N.Steffey Cert., #9 Exhibit 9 - N.Steffey Loss Chart, #10 Exhibit 10 - R.Whitley Cert., #11 Exhibit 11 - R.Whitley Loss Chart, #12 Exhibit 12 - Notices, #13 Exhibit 13 - KSF Firm Resume)(Nicholson, Melinda)
December 23, 2019 Opinion or Order Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 . MOTION to Appoint Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, Robert Whitley, Jr. to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley. (Nicholson, Melinda)
December 23, 2019 Opinion or Order Filing 21 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, 1:19-cv-09849, 1:19-cv-09936 ., MOTION to Appoint Kevin Ivkovich, Stephen Jones, Keith Moore, Nicholas Steffey, Robert Whitley, Jr. to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Kevin Ivkovich, Stephen D Jones, Keith M Moore, Nicholas Steffey, Robert E Whitley.(Nicholson, Melinda)
December 23, 2019 Opinion or Order Filing 20 MOTION to Appoint John Vargo, Thinh Van Tran, Paul Berger and John Murphy to serve as lead plaintiff(s) (Pareteum Investor Group). Document filed by John Vargo, Paul Berger, John Murphy, Thinh Van Tran.(Block, Jeffrey)
December 23, 2019 Opinion or Order Filing 19 MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Tri Doan to serve as lead plaintiff(s) . . Document filed by Tri Doan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kim, Phillip)
December 23, 2019 Opinion or Order Filing 18 PROPOSED ORDER. Document filed by Tri Doan. Related Document Number: #17 . (Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff.
December 23, 2019 Opinion or Order Filing 17 MOTION to Appoint Counsel The Rosen Law Firm, P.A.., MOTION to Appoint Tri Doan to serve as lead plaintiff(s) . Document filed by Tri Doan.(Kim, Phillip)
December 23, 2019 Opinion or Order Filing 16 DECLARATION of Gregory M. Nespole in Support re: #14 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, and 1:19-cv-09936, 1:19-cv-09849, 5, . MOTION to Appoint Frederick Ruehr to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Frederick Ruehr. (Attachments: #1 Exhibit PSLRA Certification, #2 Exhibit Loss Chart, #3 Exhibit PSLRA Notice, #4 Exhibit LK Resume, #5 Exhibit Ruehr Declaration)(Nespole, Gregory)
December 23, 2019 Opinion or Order Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, and 1:19-cv-09936, 1:19-cv-09849, 5, . MOTION to Appoint Frederick Ruehr to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP. . Document filed by Frederick Ruehr. (Nespole, Gregory)
December 23, 2019 Opinion or Order Filing 14 MOTION to Consolidate Cases 1:19-cv-09767, 1:19-cv-09795, and 1:19-cv-09936, 1:19-cv-09849, 5, ., MOTION to Appoint Frederick Ruehr to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Levi & Korsinsky, LLP. Document filed by Frederick Ruehr. (Attachments: #1 Text of Proposed Order)(Nespole, Gregory)
December 23, 2019 Opinion or Order Filing 13 DECLARATION of Joshua W. Ruthizer, Esq. in Support re: #11 MOTION to Consolidate Cases 19-cv-09795, 19-cv-09849, 19-cv-09936 . MOTION to Appoint Gateway Securities LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Gateway Securities LLC. (Attachments: #1 Exhibit 1- Notice, #2 Exhibit 2 - Assignment, #3 Exhibit 3 - Certification, #4 Exhibit 4 - Calcuation, #5 Exhibit 5 - Wolf Popper Resume)(Ruthizer, Joshua)
December 23, 2019 Opinion or Order Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Consolidate Cases 19-cv-09795, 19-cv-09849, 19-cv-09936 . MOTION to Appoint Gateway Securities LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Gateway Securities LLC. (Ruthizer, Joshua)
December 23, 2019 Opinion or Order Filing 11 MOTION to Consolidate Cases 19-cv-09795, 19-cv-09849, 19-cv-09936 ., MOTION to Appoint Gateway Securities LLC to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Gateway Securities LLC.(Ruthizer, Joshua)
December 23, 2019 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Jeffrey James Chapman on behalf of Victor Bozzo, Denis McCarthy, Edward O'Donnell, Pareteum Corporation. (Chapman, Jeffrey)
December 23, 2019 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Stephen G. Foresta on behalf of Victor Bozzo, Denis McCarthy, Edward O'Donnell, Pareteum Corporation. (Foresta, Stephen)
December 23, 2019 Opinion or Order Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Victor Bozzo, Denis McCarthy, Edward O'Donnell, Pareteum Corporation. (Foresta, Stephen)
December 23, 2019 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Jeffrey James Chapman on behalf of Victor Bozzo, Denis McCarthy, Edward O'Donnell, Pareteum Corporation. (Chapman, Jeffrey)
December 23, 2019 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Stephen G. Foresta on behalf of Victor Bozzo, Denis McCarthy, Edward O'Donnell, Pareteum Corporation. (Foresta, Stephen)
December 19, 2019 Opinion or Order Filing 5 AFFIDAVIT OF SERVICE. Pareteum Corporation served on 11/20/2019, answer due 12/11/2019. Service was accepted by HEATHER HOWIE, DESIGNEE. Document filed by Kevin O'Brien. (Linkh, Gregory)
October 23, 2019 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Victor Bozzo, Denis McCarthy, Edward O'Donnell, Pareteum Corporation. (dnh)
October 23, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Bradley Linkh. The party information for the following party/parties has been modified: Kevin O'Brien. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh)
October 23, 2019 Opinion or Order 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. (dnh)
October 23, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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. (dnh)
October 23, 2019 Opinion or Order Case Designated ECF. (dnh)
October 22, 2019 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Pareteum Corporation, Victor Bozzo, Edward O'Donnell and Denis McCarthy, re: #1 Complaint. Document filed by Kevin O'Brien. (Linkh, Gregory)
October 22, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Linkh, Gregory)
October 22, 2019 Opinion or Order Filing 1 COMPLAINT against Victor Bozzo, Denis McCarthy, Edward O'Donnell, Pareteum Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-17817310)Document filed by Kevin O'Brien.(Linkh, Gregory)

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Search for this case: In re Pareteum Securities Litigation
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Defendant: Victor Bozzo
Represented By: Jeffrey James Chapman
Represented By: Stephen G. Foresta
Represented By: Chardaie Claire Charlemagne
Represented By: Genevieve Graeme York-Erwin
Represented By: Douglas W. Greene
Represented By: Erica Adina Barrow
Represented By: Jonathan Adam Forman
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Defendant: Pareteum Corporation
Represented By: Jeffrey James Chapman
Represented By: Stephen G. Foresta
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Defendant: Denis McCarthy
Represented By: Jeffrey James Chapman
Represented By: Stephen G. Foresta
Represented By: Chardaie Claire Charlemagne
Represented By: Genevieve Graeme York-Erwin
Represented By: Douglas W. Greene
Represented By: Jonathan Adam Forman
Represented By: Erica Adina Barrow
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Defendant: Edward O'Donnell
Represented By: Jeffrey James Chapman
Represented By: Stephen G. Foresta
Represented By: Chardaie Claire Charlemagne
Represented By: Genevieve Graeme York-Erwin
Represented By: Douglas W. Greene
Represented By: Erica Adina Barrow
Represented By: Jonathan Adam Forman
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Defendant: Yves Van Sante
Represented By: Stephen G. Foresta
Represented By: Chardaie Claire Charlemagne
Represented By: Genevieve Graeme York-Erwin
Represented By: Douglas W. Greene
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Defendant: Luis Jimenez-Tunon
Represented By: Stephen G. Foresta
Represented By: Chardaie Claire Charlemagne
Represented By: Genevieve Graeme York-Erwin
Represented By: Douglas W. Greene
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Defendant: Squar Milner, LLP
Represented By: Thomas Arthur Leghorn
Represented By: Jason Marc Myers
Represented By: Richard B. Kapnick
Represented By: Madison Spach, Jr
Represented By: Rebecca Rose Gelozin
Represented By: John George, Jr.
Represented By: Peter Joseph Larkin
Represented By: Thomas R. Manisero
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Defendant: Robert Lippert
Represented By: Stephen G. Foresta
Represented By: Chardaie Claire Charlemagne
Represented By: Genevieve Graeme York-Erwin
Represented By: Douglas W. Greene
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Defendant: Rob Mumby
Represented By: Genevieve Graeme York-Erwin
Represented By: Douglas W. Greene
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Defendant: Laura Thomas
Represented By: Chardaie Claire Charlemagne
Represented By: Genevieve Graeme York-Erwin
Represented By: Douglas W. Greene
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Plaintiff: Kevin O'Brien
Represented By: Gregory Bradley Linkh
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Plaintiff: Marco Scaccia
Represented By: Laurence Jesse Hasson
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Plaintiff: Tri Doan
Represented By: Phillip C. Kim
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Plaintiff: John Vargo
Represented By: Jeffrey Craig Block
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Plaintiff: Jacob Friedman
Represented By: Jeremy Alan Lieberman
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Plaintiff: Chang Lee, M.D.
Represented By: Nathaniel A. Tarnor
Represented By: Jason Allen Zweig
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Plaintiff: Keith M Moore
Represented By: Melinda Ann Nicholson
Represented By: Melissa Hope Harris
Represented By: Kim Elaine Miller
Represented By: J. Ryan Lopatka
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Plaintiff: James A. Lisi
Represented By: David Avi Rosenfeld
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Plaintiff: Kevin Ivkovich
Represented By: Melinda Ann Nicholson
Represented By: Melissa Hope Harris
Represented By: Kim Elaine Miller
Represented By: J. Ryan Lopatka
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Plaintiff: Clarence Bassarath
Represented By: David Avi Rosenfeld
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Plaintiff: Cynthia Soto
Represented By: Nathaniel A. Tarnor
Represented By: Jason Allen Zweig
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Plaintiff: Robert E Whitley
Represented By: Melinda Ann Nicholson
Represented By: Melissa Hope Harris
Represented By: Kim Elaine Miller
Represented By: J. Ryan Lopatka
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Plaintiff: Ajay Singh
Represented By: Jason Allen Zweig
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Plaintiff: Philip Cacioppo
Represented By: Thomas Livezey Laughlin, IV
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Plaintiff: Thinh Van Tran
Represented By: Jeffrey Craig Block
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Plaintiff: Nicholas Steffey
Represented By: Melinda Ann Nicholson
Represented By: Melissa Hope Harris
Represented By: Kim Elaine Miller
Represented By: J. Ryan Lopatka
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Plaintiff: Brian Bock
Represented By: Jeremy Alan Lieberman
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Plaintiff: John Murphy
Represented By: Jeffrey Craig Block
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Plaintiff: Laila Mansur
Represented By: Melinda Ann Nicholson
Represented By: Michael J Palestina
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Plaintiff: Richard Radford
Represented By: Jeremy Alan Lieberman
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Plaintiff: NIKO HOLDING & INVESTMENT LIMITED
Represented By: William Scott Holleman
Represented By: Lawrence P. Eagel
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Plaintiff: Reed Darley
Represented By: Thomas Livezey Laughlin, IV
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Plaintiff: Stephen D Jones
Represented By: Melinda Ann Nicholson
Represented By: Melissa Hope Harris
Represented By: Kim Elaine Miller
Represented By: J. Ryan Lopatka
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Plaintiff: Paul Berger
Represented By: Jeffrey Craig Block
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Plaintiff: Frederick Ruehr
Represented By: Gregory Mark Nespole
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Alternative dispute resolution (adr) provider: Gateway Securities LLC
Represented By: Joshua Wolf Ruthizer
Represented By: Robert Craig Finkel
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Cross claimant: Dawson James Securities, Inc.
Represented By: Kayvan Betteridge Sadeghi
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Cross defendant: Robert H. Turner
Represented By: Stephen G. Foresta
Represented By: Chardaie Claire Charlemagne
Represented By: Genevieve Graeme York-Erwin
Represented By: Douglas W. Greene
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Interested party: Anthony M. Saccullo, as Liquidation Trustee for the TEUM Liquidating Trust
Represented By: Brett Amron
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