City of Livonia Retiree Health and Disability Benefits Plan v. Diebold Nixdorf, Incorporated et al
| City of Livonia Retiree Health and Disability Benefits Plan |
| Andreas W. Mattes, Christopher A. Chapman, Juergen Wunram and Diebold Nixdorf, Incorporated |
| Indiana Laborers Pension and Welfare Funds, Neelam Arora, University of Puerto Rico Retirement System, Manoj Arora and General Retirement System of the City of Detroit |
| 1:2019cv10528 |
| November 13, 2019 |
| US District Court for the Southern District of New York |
| Loretta A Preska |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 36 WAIVER OF SERVICE RETURNED EXECUTED. Juergen Wunram waiver sent on 11/20/2019, answer due 1/21/2020. Document filed by City of Livonia Retiree Health and Disability Benefits Plan. (Johnson, Christopher) |
| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-06180-LAP. Notice of Assignment to follow. (wb) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb) |
| CONSOLIDATED MEMBER CASE: Create association to 1:19-cv-06180-LAP. (jca) |
| Filing 35 CASE TRANSFERRED IN from the United States District Court - District of Ohio Northern; Case Number: 5:19-cv-01887. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE REFERRED TO Judge Loretta A. Preska as possibly related to 1:19-cv-6180. (sjo) |
Filing 34
Order that this matter is transferred to the United States District Court for the Southern District of New York related to pending matters before Judge Loretta A. Preska. Any pending motions shall be left to the judgment of that Court. Judge John R. Adams on 11/4/19. (K,C) [Transferred from Ohio Northern on 11/13/2019.]
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| Filing 33 Notice of Lead Plaintiff Opinion and Order in Related Case and Request for Transfer to S.D.N.Y. filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Opinion and Order)(Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 32 Unopposed Motion for extension of time extending the deadline for any answer, motion, or other response to the complaint, until after the Court decides the pending Order to Show Cause , filed by Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes, Juergen Wunram. Related document(s) #1 . (Ritts, Geoffrey) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 31 Response to Order to Show Cause filed by All Defendants. Related document(s) #25 . (Ritts, Geoffrey) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 30 Response to Order to Show Cause filed by City of Livonia Retiree Health and Disability Benefits Plan, Indiana Laborers Pension and Welfare Funds. Related document(s) #25 . (Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 29 Notice of Non-Opposition to Transfer of Action filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Clifford, Damion) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 28 Waiver of Service Returned Executed by City of Livonia Retiree Health and Disability Benefits Plan. Diebold Nixdorf, Incorporated waiver sent on 8/30/2019, answer due 10/29/2019 filed on behalf of City of Livonia Retiree Health and Disability Benefits Plan (Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 27 Waiver of Service Returned Executed by City of Livonia Retiree Health and Disability Benefits Plan. Christopher A. Chapman waiver sent on 8/30/2019, answer due 10/29/2019 filed on behalf of City of Livonia Retiree Health and Disability Benefits Plan (Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 26 Waiver of Service Returned Executed by City of Livonia Retiree Health and Disability Benefits Plan. Andreas W. Mattes waiver sent on 8/30/2019, answer due 10/29/2019 filed on behalf of City of Livonia Retiree Health and Disability Benefits Plan (Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
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Filing 25
Order that the parties shall show cause why this matter should not be transferred to the docket of United States District Judge Loretta A. Preska in the United States District Court for the Southern District of New York. The parties may file briefs not to exceed five pages addressing this issue by no later than October 4, 2019. Judge John R. Adams on 9/27/19. (K,C) [Transferred from Ohio Northern on 11/13/2019.]
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| Filing 24 Notice of Order Scheduling October 16, 2019 Conference on Issue of Appointing Lead Plaintiff in the Related Actions filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Attachments: #1 Order Scheduling Conference on October 16, 2019 in Related Actions)(Clifford, Damion) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 23 Reply in support of #11 Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Clifford, Damion) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 22 Reply to #18 response to #7 Motion for appointment as lead plaintiff and approval of lead Plaintiff's selection of lead counsel, filed by Manoj Arora, Neelam Arora. (Karon, Daniel) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 21 Reply in further support of #8 Motion or appointment as lead plaintiff and approval of lead Plaintiff's selection of lead counsel filed by Indiana Laborers Pension and Welfare Funds. (Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 20 Corporate Disclosure Statement identifying other affiliates BlackRock, Inc., GAMCO Investors, Inc., American International Group; Fairfax Financial (Allied World Assurance Company); Axis Capital Holdings Limited (Axis Insurance Company); Beazley plc; ACE Group Holdings, Inc. (Chubb Limited); Chubb Limited (Chubb Bermuda); Tokio Marine Holdings (Tokio Marine HCC); QBE Insurance Group Limited; Zurich Insurance Group Ltd (Zurich American Insurance Company); Sompo International Holdings Ltd. (Sompo International); and Loews Corporation (CNA Financial). filed by Diebold Nixdorf, Incorporated. (Duffy, Marjorie) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 19 Memorandum of Law in further support of #11 Motion for appointment as lead plaintiff and approval of selection of counsel, and in opposition to #7 , #8 competing motions, filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. (Attachments: #1 Affidavit)(Clifford, Damion) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 18 Notice of Filing Opposition to #7 , #11 Competing Lead Plaintiff Motions filed by Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Opposition to Competing Lead Plaintiff Motions)(Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 17 Response to #11 Motion Appointment as Lead Plaintiff and Approval of Selection of Counsel, #8 Motion for appointment of counsel and for appointment as lead plaintiff filed by Manoj Arora, Neelam Arora. (Karon, Daniel) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 16 Notice of Corrected Exhibit to #7 Motion for appointment as lead plaintiff and approval of selection of counsel filed by Manoj Arora, Neelam Arora. (Attachments: #1 Exhibit Updated Loss Chart)(Karon, Daniel) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 15 Letter addressed to Judge John R. Adams dated September 6, 2019 re: appointment of lead plaintiff and approval of lead counsel filed by Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes, Juergen Wunram. Related document(s) #11 , #7 , #8 . (Attachments: #1 Exhibit 1-8: Motion Papers filed in New York)(Ritts, Geoffrey) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 14 Attorney Appearance by Marjorie P. Duffy filed by on behalf of Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes, Juergen Wunram. (Duffy, Marjorie) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 13 Attorney Appearance by Geoffrey J. Ritts filed by on behalf of Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes, Juergen Wunram. (Ritts, Geoffrey) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 12 Affidavit/Declaration of Damion M. Clifford filed by General Retirement System of the City of Detroit, University of Puerto Rico Retirement System. Related document(s) #11 . (Attachments: #1 Exhibit #1 - Joint Declaration, #2 Exhibit #2 - PSLRA Notice, #3 Exhibit #3 - PSLRA Notice, #4 Exhibit #4 - UPR Retirement System Certification, #5 Exhibit #5 - Detroit GRS Certification, #6 Exhibit #6 - Firm Resume, #7 Proposed Order)(Clifford, Damion) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 11 Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by University of Puerto Rico Retirement System, General Retirement System of the City of Detroit. (Attachments: #1 Brief in Support)(Clifford, Damion)[Transferred from Ohio Northern on 11/13/2019.] |
| Filing 10 Proposed Order Granting Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Counsel filed by Indiana Laborers Pension and Welfare Funds. Related document(s) #8 . (Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 9 Affidavit/Declaration of Joseph F. Murray in Support of Motion filed by Indiana Laborers Pension and Welfare Funds. Related document(s) #8 . (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - City of Livonia Notice, #3 Exhibit C - Certification, #4 Exhibit D - Estimate of losses)(Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 8 Motion for appointment as lead plaintiff and approval of lead Plaintiff's selection of lead counsel filed by Movant Indiana Laborers Pension and Welfare Funds. (Attachments: #1 Brief in Support)(Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 7 Notice of Motion and Motion for appointment as lead plaintiff and approval of selection of counsel filed by Manoj Arora, Neelam Arora. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Affidavit Declaration of Daniel R. Karon, #3 Exhibit Certifications, #4 Exhibit Movants Loss Chart, #5 Exhibit Press Release, #6 Exhibit Firm Resume, #7 Proposed Order)(Karon, Daniel) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 6 Original Summons issued to counsel for service upon Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes, Juergen Wunram. (P,G) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 5 Supplement - Summons, filed by City of Livonia Retiree Health and Disability Benefits Plan. (Attachments: #1 Summons Diebold, #2 Summons Mattes, #3 Summons Wunram)(Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 4 Praecipe for issuance of Original Summons filed by City of Livonia Retiree Health and Disability Benefits Plan. Related document(s) #3 . (Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 3 Supplement - Summons, filed by City of Livonia Retiree Health and Disability Benefits Plan. (Attachments: #1 Summons Diebold, #2 Summons Mattes, #3 Summons Wunram)(Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 2 Magistrate Consent Form issued. Summons not provided, therefore were not issued. (Y,A) [Transferred from Ohio Northern on 11/13/2019.] |
| Judge John R. Adams assigned to case, (Y,A) [Transferred from Ohio Northern on 11/13/2019.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (Y,A) [Transferred from Ohio Northern on 11/13/2019.] |
| Filing 1 Complaint with jury demand for Violations of the Federal Securities Laws against Christopher A. Chapman, Diebold Nixdorf, Incorporated, Andreas W. Mattes, Juergen Wunram. Filing fee paid $ 400, Receipt number 0647-9480179.. Filed by City of Livonia Retiree Health and Disability Benefits Plan. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Murray, Joseph) [Transferred from Ohio Northern on 11/13/2019.] |
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