Gulacsy v. Sundial Growers Inc. et al
Daniel Gulacsy |
James Keough, Lee Tamkee, Gregory Turnbull, Greg Mills, Torsten Kuenzlen, Edward Hellard, Sundial Growers Inc. and Elizabeth Cannon |
1:2019cv10157 |
November 1, 2019 |
US District Court for the Southern District of New York |
Andrew L Carter |
Securities/Commodities |
15 U.S.C. § 77 |
Plaintiff |
Docket Report
This docket was last retrieved on December 26, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 16 MEMO ENDORSEMENT granting (46) MOTION for Jason A. Zweig to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Jason Allen Zweig terminated in case 1:19-cv-08913-ALC. (Signed by Judge Andrew L. Carter, Jr on 12/26/2019) Filed In Associated Cases: 1:19-cv-08913-ALC, 1:19-cv-10157-ALC (jca) |
Filing 15 MOTION for Jason A. Zweig to Withdraw as Attorney . Document filed by Ricardo Tristan.Filed In Associated Cases: 1:19-cv-08913-ALC, 1:19-cv-10157-ALC(Zweig, Jason) |
Filing 14 STIPULATION AND ORDER CONSOLIDATING RELATED CASES, APPOINTING CO-LEAD PLAINTIFFS AND CO-LEAD COUNSEL: 5. The file in Civil Action No. 1:19-cv-08913-ALC shall constitute a Master File for every action in the consolidated action. When the document being filed pertains to all actions, the phrase "All Actions" shall appear immediately after the phrase "This Documents Relates To:". When a pleading applies only to some, not all, of the actions, the document shall list, immediately after the phrase "This Documents Relates To:", the docket number for each individual action to which the document applies, along with the last name of the first-listed plaintiff in said action (e.g., "No. 1 :19-cv-08913-ALC (Huang))." 6. The parties shall file a Notice of Related Cases whenever a case that should be consolidated into this action is filed in, or transferred to, this District. If the Court determines that the case is related, the clerk shall: (a) place a copy of this Order in the separate file for such action; (b) serve on plaintiff's counsel in the new case a copy of this Order; (c) direct that this Order be served upon defendants in the new case; and (d) make the appropriate entry in the Master Docket. APPOINTMENT OF CO-LEAD PLAINTIFFS AND APPROVAL OF COUNSEL 7. Having considered relevant provisions of the PSLRA, 15 U.S.C. 77z-1(a)(3)(B), the Court hereby determines that 0998735 BC LTD and Draiman are the most adequate plaintiffs and satisfy the requirements of the PSLRA. The Court hereby appoints 0998735 BC LTD and Draiman as Co-Lead Plaintiffs to represent the interests of the class. 8. Pursuant to the PSLRA, 15 U.S.C. 77z-1(a)(3)(B)(v), 0998735 BC LTD and Draiman have selected Rosen and Levi & Korsinsky to serve as Co-Lead Counsel. The Court approves Rosen and Levi & Korsinsky as Co-Lead Counsel. 9. Co-Lead Counsel shall have the following responsibilities and duties, to be carried out either personally or through counsel whom Co-Lead Counsel shall designate: a. to coordinate the briefing and argument of any and all motions; b. to coordinate the conduct of any and all discovery proceedings; c. to coordinate the examination of any and all witnesses in depositions; d. to coordinate the selection of counsel to act as spokesperson at all pretrial conferences; e. to call meetings of the plaintiffs' counsel as deemed necessary and appropriate from time to time; f. to coordinate all settlement negotiations with counsel for defendants; g. to coordinate and direct the pretrial discovery proceedings and the preparation for trial and the trial of this matter, and to delegate work responsibilities to selected counsel as may be required; h. to coordinate the preparation and filings of all pleadings; and i. to supervise all other matters concerning the prosecution or resolution of the claims asserted in the Action. 10. No motion, discovery request, or other pretrial proceedings shall be initiated or filed by any plaintiffs without the approval of Co-Lead Counsel, so as to prevent duplicative pleadings or discovery by plaintiffs. No settlement negotiations shall be conducted without the approval of Co-Lead Counsel. 11. Service upon any plaintiff of all pleadings, motions, or other papers in the Action, except those specifically addressed to a plaintiff other than the Co-Lead Plaintiffs, shall be completed upon service of Co-Lead Counsel. 12. Co-Lead Counsel shall be the contact between plaintiffs' counsel and defendants' counsel, as well as the spokespersons for all plaintiffs' counsel, and shall direct and coordinate the activities of plaintiffs' counsel. Co-Lead Counsel shall be the contact between the Court and plaintiffs' and their counsel. (Signed by Judge Andrew L. Carter, Jr on 12/20/2019) Filed In Associated Cases: 1:19-cv-08913-ALC, 1:19-cv-10157-ALC(rj) |
Filing 13 STIPULATION AND ORDER DEFERRING DEFENDANTS' RESPONSE TO THE COMPLAINTS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, and respectfully requested, by and among the undersigned attorneys for the respective Parties, subject to approval of the Court, as follows: Undersigned counsel for the Defendants, respectively, are authorized to waive, and have waived, service of the previously filed complaints in the above-captioned Actions (as applicable) on behalf of the Defendants without prejudice and without waiver of any available rights or defenses, objections or arguments, including without limitation as to personal jurisdiction, forum, and venue in these Actions or any other matter. Defendants shall not be required to answer or otherwise respond, and are hereby expressly relieved from answering or otherwise responding, to any complaints in the above-captioned Actions subject to the provisions of paragraphs 3 and 4 below. Within 60 days after the entry of an order appointing, pursuant to the PSLRA, Lead Plaintiff and Lead Counsel in the above-captioned Actions (or a consolidated action encompassing the above-captioned Actions), Lead Plaintiff shall serve and file a consolidated amended complaint, which shall serve as the operative complaint in the Actions or a consolidated action and shall supersede any other related complaints filed in and/or transferred to this Court. Defendants shall answer, move, or otherwise seek relief or respond to the operative complaint within 60 days after its filing; Lead Plaintiff shall file its opposition to any motion to dismiss such complaint within 60 days after the filing of such motion; and the Defendants will file reply papers in connection with any such motion within 45 days after the filing of Lead Plaintiff's opposition. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/20/2019) (ama) |
CONSOLIDATED MEMBER CASE: Create association to 1:19-cv-08913-ALC. (rj) |
Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Elizabeth Cannon, Edward Hellard, James Keough, Torsten Kuenzlen, Greg Mills, Sundial Growers Inc., Lee Tamkee, Gregory Turnbull. (Hakki, Adam) |
Filing 11 LETTER addressed to Judge Andrew L. Carter, Jr. from Adam S. Hakki dated December 18, 2019 re: Stipulation and [Proposed] Order. Document filed by Elizabeth Cannon, Edward Hellard, James Keough, Torsten Kuenzlen, Greg Mills, Sundial Growers Inc., Lee Tamkee, Gregory Turnbull.(Hakki, Adam) |
Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sundial Growers Inc..(Hakki, Adam) |
Filing 9 NOTICE OF APPEARANCE by Mary Christina Pennisi on behalf of Elizabeth Cannon, Edward Hellard, James Keough, Torsten Kuenzlen, Greg Mills, Sundial Growers Inc., Lee Tamkee, Gregory Turnbull. (Pennisi, Mary) |
Filing 8 NOTICE OF APPEARANCE by Jeffrey D. Hoschander on behalf of Elizabeth Cannon, Edward Hellard, James Keough, Torsten Kuenzlen, Greg Mills, Sundial Growers Inc., Lee Tamkee, Gregory Turnbull. (Hoschander, Jeffrey) |
Filing 7 NOTICE OF APPEARANCE by Adam Selim Hakki on behalf of Elizabeth Cannon, Edward Hellard, James Keough, Torsten Kuenzlen, Greg Mills, Sundial Growers Inc., Lee Tamkee, Gregory Turnbull. (Hakki, Adam) |
Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb) |
NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (wb) |
CASE ACCEPTED AS RELATED. Create association to 1:19-cv-08913-ALC. Notice of Assignment to follow. (wb) |
Filing 6 NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of Daniel Gulacsy. (Hood, Joseph) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to Elizabeth Cannon, Edward Hellard, James Keough, Torsten Kuenzlen, Greg Mills, Sundial Growers Inc., Lee Tamkee, Gregory Turnbull. (jgo) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeremy Alan Lieberman. The party information for the following party/parties has been modified: Daniel Gulacsy. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
Case Designated ECF. (jgo) |
CASE REFERRED TO Judge Andrew L. Carter, Jr. as possibly related to 19-cv-8913. (jgo) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sundial Growers Inc., Torsten Kuenzlen, James Keough, Edward Hellard, Greg Mills, Gregory Turnbull, Lee Tamkee, and Elizabeth Cannon, re: #1 Complaint,. Document filed by Daniel Gulacsy. (Lieberman, Jeremy) |
Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-08913. Document filed by Daniel Gulacsy.(Lieberman, Jeremy) |
Filing 2 CIVIL COVER SHEET filed. (Lieberman, Jeremy) |
Filing 1 COMPLAINT against Elizabeth Cannon, Edward Hellard, James Keough, Torsten Kuenzlen, Greg Mills, Sundial Growers Inc., Lee Tamkee, Gregory Turnbull. (Filing Fee $ 400.00, Receipt Number ANYSDC-17876371)Document filed by Daniel Gulacsy.(Lieberman, Jeremy) |
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