Feierstein v. Correvio Pharma Corp. et al
| Josh Feierstein |
| Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz and Sheila M. Grant |
| Luis Lopez Iglesias, Larry Dorman, Win Tang and Nathaniel Edge |
| Iuliia Mironova, Nabil Saad and Clinton Atkinson |
| 1:2019cv11361 |
| December 12, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Securities/Commodities |
| Plaintiff |
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
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Filing 78
ORDER GRANTING PLAINTIFFS' MOTION FOR DISTRIBUTION OF CLASS ACTION SETTLEMENT FUNDS granting #75 Motion for Disbursement of Funds. IT IS HEREBY ORDERED THAT: Plaintiffs' Motion for Distribution of Class Action Settlement Funds is GRANTED as further set forth in this Order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/12/2021) (tg)
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| Filing 77 MEMORANDUM OF LAW in Support re: #75 MOTION for Disbursement of Funds . . Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad..(Fuks, Sara) |
| Filing 76 DECLARATION of Josephine Bravata in Support re: #75 MOTION for Disbursement of Funds .. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad..(Fuks, Sara) |
| Filing 75 MOTION for Disbursement of Funds . Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Text of Proposed Order).(Fuks, Sara) |
| Filing 74 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/14/21 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....(McGuirk, Kelly) |
| Filing 73 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/14/2021 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. 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 6/18/2021. Redacted Transcript Deadline set for 6/28/2021. Release of Transcript Restriction set for 8/26/2021..(McGuirk, Kelly) |
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Filing 72
ORDER granting #63 Motion for Attorney Fees. IT IS HEREBY ORDERED that Lead Counsel is awarded $243,902.40 in attorneys' fees to be paid from the Settlement Fund. For the reasons stated at the hearing, the Court uses $174,216.80 as the lodestar figure (i.e., only hours worked by attorneys at the Rosen Law Firm; a sum of hours which, on its own, the Court finds to be a reasonable number of hours to have been expended on this case, given that it settled before Plaintiffs responded to the Motion to Dismiss and without any formal discovery) and 1.4 as the lodestar multiplier (i.e., slightly below the multiplier that the Rosen Law Firm asserted was a fair multiplier). An award of $243,902.40 amounts to 13% of the $1.75 million Settlement Fund. The Court finds that this award is fair and reasonable. IT IS FURTHER ORDERED that Lead Counsel is awarded $50,602.43 in reimbursement for litigation expenses to be paid from the Settlement Fund. The Court finds that this award is fair and reasonable. IT IS FURTHER ORDERED that, for the reasons stated at the hearing, Lead Plaintiff Clinton Atkinson is awarded $500.00, Lead Plaintiff Nabil Saad is awarded $500.00, and Lead Plaintiff Iuliia Mironova is awarded $500.00, to be paid from the Settlement Fund as reimbursement for their work related to their representation of the Settlement Class. IT IS FURTHER ORDERED that this Order incorporates by reference the definitions in the Stipulation of Settlement dated September 3, 2020 (ECF No. 55-1) and all capitalized terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation. IT IS FURTHER ORDERED that in the event that the Settlement is terminated or the Effective Date of the Settlement otherwise fails to occur, this Order shall be rendered null and void to the extent provided by the Stipulation. IT IS FURTHER ORDERED that, for the next five years, any application to the undersigned by the Rosen Law Firm to serve as Lead Counsel or as Co-Lead Counsel in a case governed by the Private Securities Litigation Reform Act must include a certification by the Rosen Law Firm that it will not direct legal work on behalf of the putative class to any law firm that has not been appointed as co-Lead Counsel by the Court without specifically seeking court permission to do so. The Clerk of Court is respectfully directed to close the open motion at docket entry 63. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 5/19/2021) (ks)
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Filing 71
JUDGMENT APPROVING CLASS ACTION SETTLEMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Jurisdiction The Court has jurisdiction over the subject matter of the Action, and all matters relating to the Settlement, as well as personal jurisdiction over all of the Parties and each of the Settlement Class Members. 2. Incorporation of Settlement Documents This Judgment incorporates and makes a part hereof: (a) the Stipulation filed with the Court on September 3, 2020; and (b) the Notice, the Summary Notice, and the Postcard Notice, all of which were filed with the Court on September 3, 2020. 3. Class Certification for Settlement Purposes The Court hereby affirms its determinations in the Preliminary Approval Order certifying, for the purposes of the Settlement only, the Action as a class action pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure on behalf of the Settlement Class consisting of all persons and entities who or which purchased shares of Correvio stock between September 5, 2018 and December 10, 2019, inclusive, and were damaged thereby. Excluded from the Settlement Class are: (i) the Defendants; (ii) members of the Immediate Family of each of the Individual Defendants; (iii) any entity in which any Defendant has a controlling interest; (iv) the officers and directors of Correvio during the Settlement Class Period; and (v) the legal representatives, heirs, successors or assigns of any such excluded party as further set forth in this Order. The Action and all of the claims asserted against Defendants in the Action by Lead Plaintiffs and the other Settlement Class Members are hereby dismissed with prejudice. The Parties shall bear their own costs and expenses, except as otherwise expressly provided in the Stipulation. The terms of the Stipulation and of this Judgment shall be forever binding on Defendants, Lead Plaintiffs and all other Settlement Class Members (regardless of whether or not any individual Settlement Class Member submits a Claim Form or seeks or obtains a distribution from the Net Settlement Fund), as well as their respective successors and assigns. As further set forth herein. If the Settlement is terminated as provided in the Stipulation or the Effective Date of the Settlement otherwise fails to occur, this Judgment shall be vacated, rendered null and void and be of no further force and effect, except as otherwise provided by the Stipulation, and this Judgment shall be without prejudice to the rights of Lead Plaintiffs, the other Settlement Class Members and Defendants, and the Parties shall revert to their respective positions in the Action as of July 13, 2020, as provided in the Stipulation. 18. Entry of Final Judgment There is no just reason to delay the entry of this Judgment as a final judgment in this Action. Accordingly, the Clerk of the Court is expressly directed to immediately enter this final judgment in this Action. The Clerk of Court is respectfully directed to close the open motion at docket entry 61. The Clerk is further directed to close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/19/2021) (ks)
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| Filing 70 LETTER addressed to Judge Valerie E. Caproni from Sara Fuks dated May 19, 2021 re: Order at ECF No. 69. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Text of Proposed Order Approving Plan of Allocation).(Fuks, Sara) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 5/14/2021. Attorney Sara Fuks present for the Lead Plaintiffs. Attorneys Ashley Grolig and Scott Musoff present for the defendants. Court Reporter Sadie Herbert present. (anc) |
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Filing 69
ORDER: IT IS HEREBY ORDERED that by no later than Wednesday, May 19, 2021, Lead Counsel must provide the following: An explanation for the $2,520.83 in expenses for "press releases/notice to class members." See Fuks Decl. Paragraph 95. A high-level overview of the plan of allocation that explains the various dates and amounts per share for each of the different tiers of recovery. See Long Form Notice, Ex. C to Bravata Decl., Dkt. 65-1 at 9-11. The overview should not exceed three pages. A proposed order approving the plan of allocation. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/14/2021) (ama)
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Filing 68
ORDER: IT IS HEREBY ORDERED that, at the Fairness Hearing, lead counsel must be prepared to provide (a) the number of claims submitted; (b) basic data about the relative size and types of claims submitted; and (c) the claims' rate. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/13/2021) (anc)
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| Filing 67 REPLY MEMORANDUM OF LAW in Support re: #63 MOTION for Attorney Fees and Reimbursement of Litigation Expenses., #61 MOTION for Settlement . . Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Supplement Supplemental Declaration of Josephine Bravata).(Fuks, Sara) |
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Filing 66
ORDER: WHEREAS a Fairness Hearing in this matter is scheduled for Friday, May 14, 2021, at 2:30 P.M., Dkt. 56; WHEREAS the Court previously ordered the parties to appear in person, id.; IT IS HEREBY ORDERED that the Fairness Hearing will be conducted remotely. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 1361. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. Recording or rebroadcasting the proceeding is strictly prohibited by law. (Signed by Judge Valerie E. Caproni on 5/6/2021) (nb)
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| Filing 65 DECLARATION of Sara Fuks in Support re: #61 MOTION for Settlement ., #63 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (Part 1), #9 Exhibit 8 (Part 2), #10 Exhibit 8 (Part 3)).(Fuks, Sara) |
| Filing 64 MEMORANDUM OF LAW in Support re: #63 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. . Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad..(Fuks, Sara) |
| Filing 63 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Text of Proposed Order).(Fuks, Sara) |
| Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION for Settlement . . Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad..(Fuks, Sara) |
| Filing 61 MOTION for Settlement . Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Text of Proposed Order).(Fuks, Sara) |
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Filing 60
ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE granting #53 Motion for Settlement. The Court will hold a final approval hearing (the Final Approval Hearing) on May 14, 2021 at 2:30 p.m. in Courtroom 443 of the United States Courthouse, 40 Foley Square, New York, New York 10007, call in number 1-888-363-4749, access code 3121171, and security code 1361, for the following purposes: (a) to determine whether the proposed Settlement on the terms and conditions provided for in the Stipulation is fair, reasonable and adequate to the Settlement Class, and should be approved by the Court; (b) to determine whether a Judgment substantially in the form attached as Exhibit B to the Stipulation should be entered dismissing the Action with prejudice against Defendants; (c) to determine whether the proposed Plan of Allocation for the proceeds of the Settlement is fair and reasonable and should be approved; (d) to determine whether the motion by Lead Counsel for an award of attorneys' fees and reimbursement of Litigation Expenses should be approved; and (e) to consider any other matters that may properly be brought before the Court in connection with the Settlement. Notice of the Settlement and the Final Approval Hearing shall be given to Settlement Class Members as set forth in paragraph 7 of this Order. As further set forth herein.. (Signed by Judge Valerie E. Caproni on 11/19/2020) (nb)
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| Filing 59 LETTER addressed to Judge Valerie E. Caproni from Sara Fuks dated November 19, 2020 re: Revisions to Notice per Nov. 17, 2020 Order. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Exhibit).(Fuks, Sara) |
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Filing 58
ORDER: IT IS ORDERED that by no later than Thursday, November 19, 2020, the parties must submit a revised version of the Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses, Exhibit A-1, Dkt. 57-1 at 1-21, that includes the following revisions: Fills in the blanks in the document in line with the dates in the revised Proposed Order, Ex. A, Dkt. 57-1 at 60-73. After the sentence "If you submit a written objection, you may (but you do not have to) attend the hearing and, at the discretion of the Court, speak to the Court about your objection." in the third box on page 4, add the following: "Members of the Settlement Class who object may remotely participate in the hearing by calling 1-888-363-4749, access code 3121171, and security code 1361. In your written objection, you must include the phone number you will be calling from so the Court may grant you speaking privileges." Changes the sentence in paragraph 68 on page 18 from "Call in number 1-888-363-4749, access code 3121171, and security code 1361." to "Settlement Class Members who wish to remotely participate or otherwise attend the Settlement Hearing may do so by calling 1-888-363-4749, access code 3121171, and security code 1361." Before the sentence "Persons who intend to object and desire to present evidence at the Settlement Hearing must include in their written objection or notice of appearance the identity of any witnesses they may call to testify and exhibits they intend to introduce into evidence at the hearing." in paragraph 72 on page 19, add "If you wish to be heard orally at the hearing, you must include the phone number you will be calling from in your written objection, so the Court may grant you speaking privileges." SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/17/2020) (ama)
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| Filing 57 LETTER addressed to Judge Valerie E. Caproni from Sara Fuks dated November 16, 2020 re: Attaching Revised Documents Per Order dated Nov. 9, 2020. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Exhibit).(Fuks, Sara) |
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Filing 56
ORDER terminating as moot #48 Motion to Dismiss. WHEREAS the Court will conduct the fairness hearing on Friday, May 14, 2021, at 2:30 P.M. and the parties will be expected to appear in person, but the notice to objectors should inform objectors that they may participate in the hearing by conference call, using the call in number 1-888-363-4749, access code 3121171, and security code 1361; IT IS ORDERED that the parties must submit a revised version of the Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses, Exhibit A-1, Dkt. 55-1 at 5171, that includes the following revisions: (as further set forth in this Order). IT IS FURTHER ORDERED that Defendants Motion to Dismiss, Dkt. 48, is dismissed as moot. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 48. (Signed by Judge Valerie E. Caproni on 11/9/2020) (cf)
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| Set/Reset Hearings: Telephone Conference set for 5/14/2021 at 02:30 AM before Judge Valerie E. Caproni. (cf) |
| Filing 55 DECLARATION of Laurence Rosen in Support re: #53 MOTION for Settlement Preliminary Approval of Class Action Settlement.. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Fuks, Sara) |
| Filing 54 MEMORANDUM OF LAW in Support re: #53 MOTION for Settlement Preliminary Approval of Class Action Settlement. . Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad..(Fuks, Sara) |
| Filing 53 MOTION for Settlement Preliminary Approval of Class Action Settlement. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Text of Proposed Order).(Fuks, Sara) |
| Filing 52 NOTICE of Withdrawal Of Attorney. Document filed by Correvio Pharma Corp., Mark H.N. Corrigan, Sheila M. Grant, William Hunter, Justin A. Renz..(Moritz, Michael) |
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Filing 51
ORDER: WHEREAS the parties have indicated to the Court that they need more time to complete briefing on the pending motion to dismiss; IT IS HEREBY ORDERED that Co-Lead Plaintiffs' response shall be due by September 4, 2020. Defendants' Reply shall be due by October 15, 2020. (Set Deadlines/Hearing as to #48 MOTION to Dismiss: Responses due by 9/4/2020, Replies due by 10/15/2020.) (Signed by Judge Valerie E. Caproni on 7/17/2020) (jwh)
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| Filing 50 DECLARATION of Ashley P. Grolig in Support re: #48 MOTION to Dismiss WITH PREJUDICE THE AMENDED CLASS ACTION COMPLAINT.. Document filed by Correvio Pharma Corp., Mark H.N. Corrigan, Sheila M. Grant, William Hunter, Justin A. Renz. (Attachments: #1 Exhibit 1 - Excerpts of Correvio's Form 20-F filed with the SEC on April 30, 2020, #2 Exhibit 2 - Correvios Form 6-K, exhibit 99.1, filed with the SEC on May 27, 2020, #3 Exhibit 3 - SPECTRUM Study Protocol, #4 Exhibit 4 - Correvio's Form 6-K, exhibit 99.1 filed with the SEC on April 17, 2018, #5 Exhibit 5 - Correvios Form 6-K, exhibit 99.1, filed with the SEC on September 5, 2018, #6 Exhibit 6 - Correvio's Form 6-K, exhibit 99.1, filed with the SEC on August 21, 2017, #7 Exhibit 7 - Correvio's Form 6-K, exhibit 99.1, filed with the SEC on June 11, 2018, #8 Exhibit 8 - Correvio's Form 6-K, exhibit 99.1, filed with the SEC on June 24, 2019, #9 Exhibit 9 - Correvios Form 6-K, exhibit 99.1, filed with the SEC on July 25, 2019, #10 Exhibit 10 - Correvios Form 6-K, exhibit 99.1, filed with the SEC on January 17, 2019, #11 Exhibit 11 - Correvios Form 6-K, exhibit 99.1, filed with the SEC on August 1, 2019, #12 Exhibit 12 - FDA Briefing Document, #13 Exhibit 13 - Excerpts of Correvio's Form 40-F filed with the SEC on March 13, 2019, #14 Exhibit 14 - Excerpts of Correvio Prospectus Supplement, #15 Exhibit 15 - Correvio's Form 6-K, exhibit 99.2, filed with the SEC on March 13, 2019, #16 Exhibit 16 - Excerpts of Correvio's Form 6-K, exhibit 99.2, filed with the SEC on April 17, 2020).(Grolig, Ashley) |
| Filing 49 MEMORANDUM OF LAW in Support re: #48 MOTION to Dismiss WITH PREJUDICE THE AMENDED CLASS ACTION COMPLAINT. . Document filed by Correvio Pharma Corp., Mark H.N. Corrigan, Sheila M. Grant, William Hunter, Justin A. Renz..(Kasner, Jay) |
| Filing 48 MOTION to Dismiss WITH PREJUDICE THE AMENDED CLASS ACTION COMPLAINT. Document filed by Correvio Pharma Corp., Mark H.N. Corrigan, Sheila M. Grant, William Hunter, Justin A. Renz..(Kasner, Jay) |
| Filing 47 NOTICE OF APPEARANCE by Ashley Paige Grolig on behalf of Correvio Pharma Corp., Mark H.N. Corrigan, Sheila M. Grant, William Hunter, Justin A. Renz..(Grolig, Ashley) |
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Filing 46
ORDER: granting #45 Letter Motion for Leave to File Excess Pages. The parties may have up to 40 pages for the supporting and opposing memoranda. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/23/2020) (ama)
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| Filing 45 LETTER MOTION for Leave to File Excess Pages addressed to Judge Valerie E. Caproni from Jay B. Kasner dated June 23, 2020. Document filed by Correvio Pharma Corp., Mark H.N. Corrigan, Sheila M. Grant, William Hunter, Justin A. Renz..(Kasner, Jay) |
| Filing 44 WAIVER OF SERVICE RETURNED EXECUTED. Sheila M. Grant waiver sent on 5/7/2020, answer due 7/6/2020. Document filed by Iuliia Mironova; Nabil Saad; Clinton Atkinson..(Wolke, Kara) |
| Filing 43 NOTICE OF APPEARANCE by Michael David Moritz on behalf of Sheila M. Grant..(Moritz, Michael) |
| Filing 42 NOTICE OF APPEARANCE by Scott D. Musoff on behalf of Sheila M. Grant..(Musoff, Scott) |
| Filing 41 NOTICE OF APPEARANCE by Jay B. Kasner on behalf of Sheila M. Grant..(Kasner, Jay) |
| Filing 40 AMENDED COMPLAINT amending #1 Complaint against Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz, Sheila M. Grant with JURY DEMAND.Document filed by Iuliia Mironova, Nabil Saad, Clinton Atkinson. Related document: #1 Complaint..(Wolke, Kara) |
| Filing 39 NOTICE OF APPEARANCE by Jennifer M Leinbach on behalf of Clinton Atkinson, Iuliia Mironova, Nabil Saad..(Leinbach, Jennifer) |
| Filing 38 NOTICE OF APPEARANCE by Kara M. Wolke on behalf of Clinton Atkinson, Iuliia Mironova, Nabil Saad..(Wolke, Kara) |
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Filing 37
ORDER GRANTING MOTION OF JENNIFER M. LEINBACH FOR ADMISSION PRO HAC VICE: granting #34 Motion for Jennifer M. Leinbach to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 3/27/2020) (ama)
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Filing 36
ORDER GRANTING MOTION OF KARA M. WOLKE FOR ADMISSION PRO HAC VICE: granting #35 Motion for Kara M. Wolke to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 3/27/2020) (ama)
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| Filing 35 MOTION for Kara M. Wolke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19242085. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Wolke, Kara) |
| Filing 34 MOTION for Jennifer M. Leinbach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19240796. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Leinbach, Jennifer) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Kara M. Wolke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19242085. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Jennifer M. Leinbach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19240796. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 33 NOTICE OF APPEARANCE by Sara Esther Fuks on behalf of Clinton Atkinson, Iuliia Mironova, Nabil Saad..(Fuks, Sara) |
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Filing 32
MEMO ENDORSEMENT on re: #31 LETTER addressed to Judge Valerie E. Caproni from Jay B. Kasner dated March 5, 2020 re: joint proposed schedule. Document filed by Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz. ENDORSEMENT: Application GRANTED. SO ORDERED. (Amended Pleadings due by 5/1/2020. Motions due by 6/30/2020. Responses due by 8/14/2020. Replies due by 9/24/2020.) (Signed by Judge Valerie E. Caproni on 3/6/2020) (rjm)
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| Filing 31 LETTER addressed to Judge Valerie E. Caproni from Jay B. Kasner dated March 5, 2020 re: joint proposed schedule. Document filed by Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz..(Kasner, Jay) |
| Filing 30 NOTICE OF CHANGE OF ADDRESS by Jay B. Kasner on behalf of Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York, 10001-8602,..(Kasner, Jay) |
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Filing 29
ORDER: granting #12 Motion to Appoint; granting #12 Motion to Appoint Counsel; terminating #16 Motion to Appoint; terminating #20 Motion to Appoint; terminating #20 Motion to Approve. IT IS HEREBY ORDERED THAT Clinton Atkinson, Nabil Saad, and Iuliaa Mironova are appointed co-lead plaintiffs because their appointment best serves the interests of the class. There being no proof in the record that the group will not fairly and adequately protect the interests of the class or will be subject to unique defenses, the Atkinson Group's motion to be appointed lead plaintiff is GRANTED. IT IS FURTHER ORDERED THAT the Rosen Law Firm, P.A. is approved as lead counsel because the Atkinson Group has not explained why two law firms are necessary to litigate this action, and as between a New York-based firm and a Los Angeles-based firm, the former is better situated to litigate this action without incurring unnecessary costs. IT IS FURTHER ORDERED THAT the parties must jointly propose a schedule for next steps, including the filing of an amended complaint and the briefing for any anticipated motion to dismiss. A joint letter is due from the parties no later than March 13, 2020. The Clerk of Court is respectfully directed to terminate docket entries 12, 16, and 20, and update the docket to reflect Clinton Atkinson's, Nabil Saad's, and Iuliaa Mironova's appointments as co-lead plaintiffs, and the Rosen Law Firm, P.A., as lead counsel. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/25/2020) (ama)
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| Filing 28 NOTICE of Non-Opposition re: #12 MOTION to Appoint Clinton Atkinson, Nabil Saad, and Iuliia Mironova to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Glancy Prongay & Murray LLP.. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad..(Kim, Phillip) |
| Filing 27 RESPONSE to Motion re: #12 MOTION to Appoint Clinton Atkinson, Nabil Saad, and Iuliia Mironova to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Glancy Prongay & Murray LLP., #20 MOTION to Appoint Larry Dorman to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Correvio Pharma Corp...(Kasner, Jay) |
| Filing 26 NOTICE of Notice of Withdrawal of Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel re: #16 MOTION to Appoint Nathaniel Edge, Luis Lopez Iglesias, and Win Tang to serve as lead plaintiff(s) .. Document filed by Nathaniel Edge, Luis Lopez Iglesias, Win Tang..(Holleman, William) |
| Filing 25 NOTICE of Non-Opposition of Larry Dorman to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel re: #20 MOTION to Appoint Larry Dorman to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Larry Dorman..(Lieberman, Jeremy) |
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Filing 24
ORDER: IT IS HEREBY ORDERED THAT: 1. Any interested parties, including the Parties and Movants, shall have until February 18, 2020, to submit rebuttal evidence as to the financial interest in the relief sought by the class and the adequacy and typicality of any of the Movants, although the Movants should not submit additional materials in support of their own motions except on reply, as discussed below. Each interested party may make only one submission and each submission shall be no more than 10 pages, including any appendices or attorney declarations. 2. Each Movant may, but is not required to, submit a reply in support of their application by February 21, 2020. Reply submissions shall be limited to 5 pages, including any appendices or attorney declarations. To the extent any interested party believes that its submissions should be filed under seal, they are respectfully directed to follow the Court's Individual Rules of Practice in Civil Cases, which may be found on the Court's website: https://nysd.uscourts.gov/hon-valerie-e-caproni. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/11/2020) (ama)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 23 DECLARATION of Jeremy A. Lieberman in Support re: #20 MOTION to Appoint Larry Dorman to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Larry Dorman. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - Firm Resume).(Lieberman, Jeremy) |
| Filing 22 MEMORANDUM OF LAW in Support re: #20 MOTION to Appoint Larry Dorman to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Larry Dorman..(Lieberman, Jeremy) |
| Filing 21 PROPOSED ORDER. Document filed by Larry Dorman. Related Document Number: #20 . (Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 20 MOTION to Appoint Larry Dorman to serve as lead plaintiff(s) ., MOTION to Approve Counsel . Document filed by Larry Dorman..(Lieberman, Jeremy) |
| Filing 19 NOTICE OF APPEARANCE by Melissa Ann Fortunato on behalf of Nathaniel Edge, Luis Lopez Iglesias, Win Tang..(Fortunato, Melissa) |
| Filing 18 DECLARATION of W. Scott Holleman in Support re: #16 MOTION to Appoint Nathaniel Edge, Luis Lopez Iglesias, and Win Tang to serve as lead plaintiff(s) .. Document filed by Nathaniel Edge, Luis Lopez Iglesias, Win Tang. (Attachments: #1 Certifications, #2 Loss Charts, #3 Joint Declaration, #4 PSLRA Notice, #5 Firm Resume).(Holleman, William) |
| Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Appoint Nathaniel Edge, Luis Lopez Iglesias, and Win Tang to serve as lead plaintiff(s) . . Document filed by Nathaniel Edge, Luis Lopez Iglesias, Win Tang..(Holleman, William) |
| Filing 16 MOTION to Appoint Nathaniel Edge, Luis Lopez Iglesias, and Win Tang to serve as lead plaintiff(s) . Document filed by Nathaniel Edge, Luis Lopez Iglesias, Win Tang..(Holleman, William) |
| Filing 15 NOTICE OF APPEARANCE by William Scott Holleman on behalf of Nathaniel Edge, Luis Lopez Iglesias, Win Tang..(Holleman, William) |
| Filing 14 LETTER addressed to Judge Valerie E. Caproni from Phillip Kim dated February 10, 2020 re: [Proposed] Order: (1) Appointing Lead Plaintiff; and (2) Approving Lead Plaintiff's Selection of Counsel. Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Text of Proposed Order).(Kim, Phillip) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Appoint Clinton Atkinson, Nabil Saad, and Iuliia Mironova to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Glancy Prongay & Murray LLP. . Document filed by Clinton Atkinson, Iuliia Mironova, Nabil Saad. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certifications, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Joint Declaration, #5 Exhibit 5 - Rosen Firm Resume, #6 Exhibit 6 - GPM Firm Resume).(Kim, Phillip) |
| Filing 12 MOTION to Appoint Clinton Atkinson, Nabil Saad, and Iuliia Mironova to serve as lead plaintiff(s) ., MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Glancy Prongay & Murray LLP. Document filed by Clinton Atkinson, Nabil Saad, Iuliia Mironova..(Kim, Phillip) |
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Filing 11
STIPULATION AND ORDER TO EXTEND TIME AND SET SCHEDULE: Plaintiff Josh Feierstein and defendants Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter and Justin A. Renz (together, Defendants and with Plaintiff, the "Parties"), by and through their undersigned counsel, subject to the Court's approval, hereby stipulate and agree as follows: On December 12, 2019, Plaintiff Josh Feierstein filed the above-captioned putative class action against Defendants Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter and Justin A. Renz (ECF 1). The complaint asserts claims for relief under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and is accordingly governed by the Private Securities Litigation Reform Act of 1995, pursuant to which appointment of lead plaintiff and lead counsel occurs after a 60-day notice period following the filing of the complaint. See 15 U.S.C. 78u-4(a)(3). Lead plaintiff motions are not due to be filed in this matter until on or about February 10, 2020, and accordingly, it is unclear at this time which putative class members will ultimately have the authority to act on behalf of the putative class and whether the court appointed lead plaintiff will file an amended complaint. Counsel for the Parties have met and conferred and agree that it would be more efficient to extend the time for Defendants to answer or otherwise respond to an operative complaint until after the Court's appointment of lead plaintiff. Defendants need not respond to the existing complaint (ECF 1). Within 10 days following the appointment of a lead plaintiff and lead counsel, lead counsel and counsel for Defendants will meet and confer and jointly submit a proposed schedule for the filing of an amended complaint and any motion(s) to dismiss. SO ORDERED., ( Motions due by 2/10/2020.) (Signed by Judge Valerie E. Caproni on 1/09/2020) (ama)
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| Filing 10 LETTER addressed to Judge Valerie E. Caproni from Jay B. Kasner dated January 8, 2020 re: Stipulation And [Proposed] Order To Extend Time And Set Schedule. Document filed by Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz. (Attachments: #1 Stipulation And [Proposed] Order To Extend Time And Set Schedule)(Kasner, Jay) |
| Filing 9 NOTICE OF APPEARANCE by Michael David Moritz on behalf of Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz. (Moritz, Michael) |
| Filing 8 NOTICE OF APPEARANCE by Scott D. Musoff on behalf of Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz. (Musoff, Scott) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Correvio Pharma Corp..(Kasner, Jay) |
| Filing 6 NOTICE OF APPEARANCE by Jay B. Kasner on behalf of Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz. (Kasner, Jay) |
| Filing 5 NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of Josh Feierstein. (Hood, Joseph) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo) |
| Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeremy Alan Lieberman. The party information for the following party/parties has been modified: Josh Feierstein. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, and Justin A. Renz, re: #1 Complaint. Document filed by Josh Feierstein. (Lieberman, Jeremy) |
| Filing 2 CIVIL COVER SHEET filed. (Lieberman, Jeremy) |
| Filing 1 COMPLAINT against Correvio Pharma Corp., Mark H.N. Corrigan, William Hunter, Justin A. Renz. (Filing Fee $ 400.00, Receipt Number ANYSDC-18267745)Document filed by Josh Feierstein.(Lieberman, Jeremy) |
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